346.23 Crossing controlled intersection or crosswalk.

(1) At an intersection or crosswalk where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian or personal delivery device, or to a person who is riding a bicycle, electric scooter, or electric personal assistive mobility device in a manner which is consistent with the safe use of the crosswalk by pedestrians, that has started to cross the highway on a green signal or a pedestrian signal authorizing crossing and in all other cases pedestrians, bicyclists, and riders of electric scooters and electric personal assistive mobility devices shall yield, and personal delivery device operators shall ensure that personal delivery devices yield, the right-of-way to vehicles lawfully proceeding directly ahead on a green signal. No operator of a vehicle proceeding ahead on a green signal may begin a turn at a controlled intersection or crosswalk when a pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device crossing in the crosswalk on a green signal or a pedestrian signal authorizing crossing would be endangered or interfered with in any way. The rules stated in this subsection are modified at intersections or crosswalks on divided highways or highways provided with safety zones in the manner and to the extent stated in sub. (2).

(2) At intersections or crosswalks on divided highways or highways provided with safety zones where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device that has started to cross the roadway either from the near curb or shoulder or from the center dividing strip or a safety zone with the green signal or a pedestrian signal authorizing crossing in the favor of the pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device.

History: 1979 c. 36; 1985 a. 69; 2001 a. 90; 2015 a. 104; 2017 a. 13; 2019 a. 11.

In order for the motorist to have a duty to yield under s. 346.24, the pedestrian must be “crossing” within the crosswalk (s. 346.24 (1)), and not have entered in such a manner as to make it difficult for the motorist to yield (s. 346.24 (2)). The requirements under this section, however, are that the pedestrian be “crossing” or have “started to cross” on a “Walk” light. The burden on the motorist is more absolute under this section than under s. 346.24. Schoenauer v. Wendinger, 49 Wis. 2d 415, 182 N.W.2d 441 (1971).

Pedestrians have the right-of-way on a green light only where there are no pedestrian control signals. City of Hartford v. Godfrey, 92 Wis. 2d 815, 286 N.W.2d 10 (Ct. App. 1979).