The above message roughly says “Raise Your Hand to Cross and While Crossing the Street for Greater Visibility!”
By Sandie Pendleton
Developing our street use
traditions and culture
Streets are public spaces, which
everyone has a right to be on and use, as long as their use does not
unreasonably interfere with the reasonable use of other users. Every pedestrian
has just as much right to be on and use Shorewood streets, as any vehicle
driver.
Use of streets is something of a
negotiation between different users. Negotiation usually goes much better when
two parties are willing to communicate, to negotiate, and to compromise.
Elected representatives and
judges make law, but it is we the people who make traditions and culture. Here’s
how we as drivers and pedestrians can create a better culture of street use in
Shorewood.
The seriousness of this issue
Pedestrian deaths in the U.S.
have unfortunately been increasing over the last ten years. Last year in
Wisconsin, there were 1,324 collisions between vehicles and pedestrians, which
caused 72 pedestrian deaths (with almost a third of those deaths—23—occurring
in Milwaukee County).
Of course, anytime we look at the
number of pedestrian deaths (or bike rider deaths), we have to recall that walking
and biking are good for one’s health. The CDC estimates that about 9% of
all deaths in the U.S. are the result of inactive lifestyles (that’s
hundreds of thousands of Americans who die prematurely each year). That’s often
as expressed in the saying “the thing that is most likely to kill your typical
American is his couch, his TV remote and/or his refrigerator.” And we have to recall that the number of pedestrians
who die each year, pales in comparison to the number of people in cars who die
in auto crashes each year in the U.S. (more than 40,000 each year).
We can do better. And one way
that pedestrian traffic deaths have been lowered in other places relates to better
education, and a tradition and culture of better communication between
pedestrians and drivers.
DRIVERS AND PEDESTRIANS: THE LAW OF STREET USE
There are several common misconceptions
about Wisconsin laws governing how pedestrians and drivers use streets.
In Wisconsin, pedestrians have
the right of way at signalized intersections when they have a walk or
green signal. That means that no driver has the right (for example) to make a
right turn, when a pedestrian has a walk or green signal, and the pedestrian is
in the crosswalk. (Wis. Stat. § 346.23-.24.)
When it comes to unsignalized
intersections, pedestrians also have the right of way at those, at both
marked and unmarked “crosswalks” (id.), and it is very important to
understand what a “crosswalk” is under Wisconsin’s laws.
What is a “Crosswalk” Under
Wisconsin Law?
“Crosswalks” do not require a signal, any type of sign, or anything painted on the street. Essentially, if there is a natural crossing between sidewalks (or in the case of no sidewalks, between roads), under Wisconsin law, that is a “crosswalk.” And (as explained below) the general rule is pedestrians have “the right of way” in any crosswalk. (See Wis. Stat. § 340.01(10), which defines the term “crosswalk.”) What the above means is that if a pedestrian has “stepped off the curb” and is in a “crosswalk,” a driver approaching the pedestrian must yield to the pedestrian (i.e., must slow down or stop, so as not to endanger the pedestrian).
As indicated above, some crosswalks are marked and others are not. Also, some “crosswalks” have right-of-way controls—like stop signs or traffic signals—while others have none. (Image credit, WisBike Fed.)
A limitation on the above
“general rules,” is that Wisconsin law says that a pedestrian may not “suddenly
leave . . . a curb or other place of safety and walk [or] run . . . into the
path of a vehicle which is so close that it is difficult for the operator of
the vehicle to yield.” (Wis. Stat. §
346.24; see also Estate of Zhu v. IDS.)
So the above are the rules
regarding crossing at “signalized intersections,” and at “crosswalks.”
“Jaywalking” Is Not Against
the Law
But what about a pedestrian who
is crossing a street outside of a “crosswalk”?
Can’t that pedestrian be ticketed for “jaywalking”?
Jaywalking is a derogatory term invented
by the auto industry in the early 20th century, to make it seem as
though people walking were at fault for being hit by drivers. Wisconsin law does
not prohibit or make illegal jaywalking. Instead, Under Wisconsin law, pedestrians
may cross the street “mid-block” and at any other place where there is not a
“crosswalk.” That said, one also has to take into account the law of
negligence in Wisconsin. Under that law, if a pedestrian chooses to try to
cross the street at “mid-block,” the pedestrian has the obligation to yield
the right of way to vehicles. So if I’m crossing the street and I’m doing
that outside of a crosswalk, I need to ensure that I am not doing that in a situation
in which it would be impossible for an approaching vehicle to avoid hitting me. If I fail to do that, and the car hits me, if
there is later a lawsuit, my failing to comply with the relevant statute (Wis.
Stat. § 346.25) could be used to argue that the collision was (and my injuries
were) caused at least partly by my own negligence.
Reasonable Speed for Conditions
Finally, it should be noted that
regardless of right of way, drivers still need to drive an appropriate speed
for the conditions and be prepared to stop if needed. Specifically, Wis. Stat.
§ 346.57(2) states:
No person shall drive a vehicle at a speed
greater than is reasonable and prudent under the conditions and having
regard for the actual and potential hazards then existing. The speed of
a vehicle shall be so controlled as may be necessary to avoid colliding with
any object, person, vehicle or other conveyance on or entering the highway in
compliance with legal requirements and using due care.
(Emphasis added.) So even if the
driver is driving within the posted speed limit, he still may be violating
Wisconsin law (and proceeding in a negligent manner), if that speed is not
appropriate for the conditions. For example, as to conditions, was it snowing,
was it raining, was it dark? And as to “actual and potential hazards,” could
the driver see (or should the driver have seen), that there were kids playing near the street, or a pedestrian in the street or approaching the curb of the street? If
so, the driver had an obligation to reduce the vehicle’s speed, so the driver
would be more likely to be able to avoid hitting, injuring or killing a child
or other pedestrian.
Bigger Vehicle, Bigger Responsibility
While it is the responsibility of
all road users to pay attention to their surroundings, and conduct themselves
in a “reasonable” manner, drivers in particular have such a responsibility,
because they have chosen to drive a vehicle that could cause serious harm (or
even kill) vulnerable road users like pedestrians. And because drivers choosing
to use large SUVs and large pickup trucks cannot stop as rapidly (compared to
regular-sized cars), and because such super-sized vehicles are far more likely
to seriously injure or kill pedestrians they strike (compared to regular-sized
cars), the drivers of such vehicles have a heightened obligation to drive in such
a manner as to not endanger pedestrians.
And having the legal right of way
never gives a driver the right to drive above the speed limit, drive without
headlights on, text, drive while impaired, or hit a pedestrian. And no driver
ever has the right to drive a vehicle with tinted windows that do not comply
with Wisconsin law relating to such windows (see Wis. Admin. Code §
Trans 305.32(4)-(5), probably one of these most violated laws in Milwaukee).
With the above baseline
understanding of the law, let’s turn to the subject of how pedestrians and
drivers can better communicate with each other, and share the road, so as to
lessen the chances that collisions occur.
HOW WE AS PEDESTRIANS CAN COMMUNICATE AND SHARE BETTER WITH DRIVERS
We can become better pedestrians. Here's how.
If you or I want to cross a
street at a crosswalk, as indicated above, a car approaching has an obligation
to yield to you or me in the crosswalk (provided we don’t “suddenly” step into
the street into the path of a near approaching vehicle). But of course, you or
I cannot just assume all drivers are going to automatically stop or slow down. So as to increase the chances such will occur, we
want to establish a dialog with approaching drivers, as we negotiate our
way onto and across a street.
So first, we do not “suddenly leave”
the curb abruptly and step into the path of a car that is too close to us to
be able to avoid hitting us. (Duh.)
Instead, when you or I want to
cross a street, and we can step off the curb or sidewalk into the street
without placing ourselves in danger, we should do so. Once we have stepped off
the curb or sidewalk on to the street at what the law considers a “crosswalk”
(see above), we are now “in the crosswalk.”
Once a foot or two away from the curb, if a car is approaching, we raise our hands high, to get the driver’s attention. (The first couple times you do this, it may feel weird to you; but trust me, I do it all the time, and it makes such a huge difference in the way drivers respond to my presence on the street.) Once we have raised a hand high, we look closely to see if the car approaching sees us and is reacting to our presence in the street (i.e., slowing down). If you look online, you will see that children in Taiwan (and other countries) are taught to “raise your hand high” anytime they cross a street. Many adults (like me) have adopted this practice as well. Other states promote this practice; for example, Connecticut promtes this practice, and even changed its laws, so that drivers have an obligation to stop if a pdestrian raises his or her hand, even before the pedestrian steps off the curb (see New Connecticut law requires vehicles to stop when pedestrians at a crosswalk raise their hand). We are entering into a non-verbal dialog with drivers; we are using a sort of "sign language" in this dialog, whereby we use our hands, our arms, and how we move the rest of our bodies to send a clear message to drivers about our desires and intentions.
If the driver does respond to our
raised hand by slowing, we proceed to walk further into the street (and if there
is a second lane for traffic traveling in the same direction, we ensure any
vehicle in that lane also sees us, responds to our raised hand, and is slowing
down).
Increasing our visibility
There are of course several
things we can do to increase our visibility to drivers. For example, avoiding
wearing dark clothing, especially at low-light times of day. Something that
works well for me and others is to acquire and wear a pair of “construction worker
gloves,” that are high viz and reflective.
Above, one of my pairs of High Viz Kinco® Brand “Construction Gloves”
There are affordable winter
versions of such gloves (e.g., these $25 Kinco Gloves), or summer versions,
all of which are available on the websites of Amazon, Fleet Farm or running stores. Not only do
the colors (or in low light, the reflective strip) really stand out, the
movement of your hands with these gloves makes you substantially more visible
and conspicuous to drivers. Trust me, these gloves really get drivers’
attention, and make it far more likely that the driver will respond by slowing,
and "allowing" you to safely cross the street. (That, and they are great,
affordable biking gloves for everyday bike commuting or riding around town.) In the non-verbal dialog that we are having with approaching drivers, what we wear on our hands (and our bodies), helps us "to shout clearly" our message to drivers. And that makes it more likely that drivers will "hear" our message, understand our message, and respond appropriately to our message.
“Don’t be stupid,” but don’t
be tentative
Once a driver responds to you, don’t
be stupid (continue to be alert), but also do not be tentative. Bike riders are often advised
to “ride assertively” or “take the lane” so that the rider’s intentions are
clearly communicated to drivers. To the extent you as a pedestrian have established
communication with an approaching driver, you too should walk “assertively” and
“take the crosswalk” or "take the street" in front of you. As said above, every pedestrian has just as much
right to be on and use Shorewood streets, as any vehicle driver. Being a tentative pedestrian will
likely lead to a driver not being sure if you are going “to go or not go,” or
frustrate the driver because you are taking longer to cross the road than you
might otherwise.
Watch out for the “Milwaukee
Slide”
Of course, when we decide we want
to cross a street and as we are doing that, we remain alert as to any vehicles
that may try to “slide around” the cars that are slowing to allow us to cross. If
we see such a car, again, we raise our hand to increase our visibility; and if
the “slider” does not appear to be slowing down, we are prepared to retreat or
otherwise get out of the slider’s way (or to put that in a more fitting manner,
that “jerk’s way”).
Try not to unduly delay
drivers -- “keep ‘er moving”
As we are able (and as is safe), as
we cross a street it is generally a good idea for us to increase our walking pace.
Doing that communicates to the drivers that we are making an effort not to take
an unreasonably long time to cross the street. Our intention should be to make our
use of the road, not unreasonably burdensome to the driver’s use of the road. As
we said above: “Streets are public spaces, which everyone has a right to be on
and use, as long as their use does not unreasonably interfere with the
reasonable use of other users.” (That applies to all users, be they vehicle drivers,
pedestrians, bike riders, runners, skateboarders, inline-skaters, scooter-users, delivery-vehicle
operators, or even horse-drawn buggy drivers.)
Our objective is not “to win”
Of course, there are
unfortunately some drivers out there who are not going to be willing to enter
into a dialogue with us as pedestrians, and are not going to be willing to
yield to us. That could be because they are oblivious to us as pedestrians,
because they don’t know the law, because they are impaired ddrivers, or because they are just plain jerks. We must as pedestrians be on the lookout for such drivers and protect ourselves from
them. We as pedestrians should never be looking to “win an argument” with the
driver of a 6000 pound vehicle. Be assertive, but don’t be stupid.
Consider reporting serious
law-breaking drivers (they’re not hard to find)
If a driver fails to yield when
the driver has an obligation to do so, don’t be afraid to note the driver’s
license plate, and report the driver to the Shorewood Police. Especially if
that driver’s vehicle comes into contact with you, barely misses you, or is
otherwise driving in a reckless manner. Where it is safe to do so, consider
taking a photo of the vehicle, so you can provide that to the police. Even if
the police decide not to try to ticket the driver, they still collect such
reports, and may use that data to shape the focus of their enforcement efforts,
or advocate for changes in the road design at the location in question.
Express courtesy to courteous
drivers
Finally, if we are going to
create a culture of courtesy and shared use in Shorewood, this is important: when
a driver has “been a real mensch” and slowed to let you or me cross, we are sure
to acknowledge the courtesy shown to us by that driver, with some type of
appropriate and clear gesture (e.g., a friendly wave, a thumbs up, a
blown kiss, etc.). (Assuming, of course, we are able to do so safely). In
Japan, children are actually taught not only to raise a hand high when they
cross the street, but also—once they’ve crossed—to give “a little bow” to the nice
driver who yielded. Showing gratitude is going to increase the chances that the
driver will perceive that the driver’s courteous behavior has been noticed, and
is appreciated. And that makes it more likely that the driver will choose to be
courteous to other pedestrians in the future. There, we've created a virtuous circle.
HOW WE AS DRIVERS CAN DO BETTER
No driver wants to hit a
pedestrian. We all know that would be awful. To help prevent that, there are
some things we can do when we drive in Shorewood that will help prevent that,
and also make our drives more pleasant (and likely make us feel better about ourselves
overall).
Streets are shared spaces
First, understand that when we
are driving, we do not own the road. The road belongs just as much to
pedestrians—and pedestrians have just as much a right to use, be on, and cross
a street—as any of us drivers. That means everywhere in Shorewood (whether we
are driving down an alley, or the quietest residential street, or rushing down
Capitol Drive to get to Walmart before it closes). We do not own the street,
any more than any pedestrian in Shorewood owns the street.
Understand that even if a
pedestrian is engaging in what others might call “jaywalking,” we as drivers have
an obligation to do everything reasonable—to slow our vehicles or turn the
steering wheel—so as to avoid hitting a pedestrian. Again, that includes on
Capitol and Oakland, and no matter where we are on those streets.
Also, understand that if a
pedestrian is in a “crosswalk” (a marked or unmarked crosswalk as indicated above), we drivers
have a duty to yield to the pedestrian.
The "perception problem": we drivers often fail to “perceive” pedestrians
When driving, we should obviously be on the
lookout for pedestrians, and understand that as we increase the speed we are
driving, it becomes more difficult for us to see (and avoid hitting)
pedestrians. Why is that? Studies
indicate that this is because as we drive faster, we tend to “see” less of the
world around us. That's because as we increase our speed, our eyes naturally start focusing
further down the street, and we develop a sort of “tunnel vision” that sees or
focuses on things farther away, but may not see or become conscious of things (like
a pedestrian or child) outside of the narrow tunnel that our eyes are focused
on. The following graphic shows this phenomenon:
The above image helps to explain
how after hitting a pedestrian, a driver might honestly say and believe that
the driver didn’t see the pedestrian before the impact occurred, or that the
pedestrian “appeared out of nowhere.” (Of course, this statement doesn’t make
sense: someone who appears is always coming from somewhere.) The point is, when
we are driving, and we know there are pedestrians who use the street we are
driving on, we should always be prepared to stop, and we should ensure that we
are not driving at a speed that makes it less likely that we are going to see
(and react to) pedestrians the street. (Here’s looking at you, drivers on
Oakland and Capitol.)
Speed kills, higher speeds kill more
Know too that as we as drivers
choose to increase our vehicle speed, if we hit a pedestrian, the chances that
the pedestrian dies increase substantially as our speed increases. When hit at
20 mph, on average 9 out of 10 pedestrians will survive. But when hit at 30
mph, on average only 5 out of 10 pedestrians will survive, and at 40 mph, on
average only 1 out of 10 pedestrians will survive. And those survival numbers
go down, when the pedestrians are minors or elderly.
Think about the next time you see
drivers choosing to drive 35 mph down Capitol during “rush hour,” when students
are walking (or biking) to and from the high school or the middle school.
Check cultural biases
Know that we as drivers need to
think about (conscious or unconscious) cultural biases we may have. Studies
indicate that White drivers, are less likely to yield to African American pedestrians,
than White pedestrians. That may be (or may not be) one of the reasons why (according
to a study by the Wisconsin Bike Fed) Black Milwaukeeans are disproportionately
represented among pedestrian fatalities. Though they make up only 39.4%
of the city’s population, Black Milwaukeeans have been 59% of the
pedestrians killed in the city in the past 5 years. Black Milwaukeeans are
the only racial group to be over-represented in pedestrian fatalities. The
cause is unclear; maybe it’s cultural bias, maybe it’s that Black pedestrians
are somehow harder to see in low light conditions, maybe it’s due to the poor
design of streets in African American Neighborhoods or maybe its due to higher
speed rates or rates of reckless driving engaged in by drivers using the
streets in those neighborhoods. We just don’t know. Whatever the cause, if you are
driving, look for African American pedestrians (no matter what the light
conditions), and don’t discount that pedestrian’s right to use the streets just
like everybody else.
Good citizenship driving -- how
drivers can communicate and share better with pedestrians
With all of the above in
mind, if we see a pedestrian who is stepping off the curb (a pedestrian of any
age, gender or ethnicity), and we can slow safely and not “suddenly”
(especially if there is a car tailgating behind us), we should let the
pedestrian know we have seen him or her, and that we are going to slow or stop our
vehicle, until the pedestrian passes out of our way.
There are several ways we communicate
that. We can raise our hand and give a small wave. We can flick our lights or
brights (a behavior that is commonly seen in Boston and in Europe). But the
most important thing (and the clearest thing we can do) is to slow our vehicle.
Make sure you are communicating with the drivers behind you. One way to do that (when safe) is to tap the brake pedal; that causes our
rear brake lights to flash, which is more likely to get a driver’s attention (compared to just applying our brakes in a steady fashion).
Expressing gratitude to
pedestrians
If the pedestrian expresses
gratitude to us, we make a gesture of gratitude back to the pedestrian.
There. In such a situation,
aren’t we glad we’ve been able to enter into a non-verbal dialog with the
pedestrian? Aren’t we glad we’ve been able to make the pedestrian safer, a
little less stressed, and probably a little happier? Doesn’t our doing such make our day a little
brighter, and us at least a little bit happier about our lives and ourselves?
We want more people in Shorewood
to more often choose active means of transportation (walking, biking, etc.) to
get around in Shorewood. That not only decreases traffic congestion, and is
good for local businesses, it also has multiple other benefits (for individual’s
personal health, for public health in general, and for the environment). We can help make that happen.
Making walking and biking less-stressful,
and more pleasant
If we want to encourage more
active transportation, we need to pay attention to how people feel when
they use Shorewood streets to walk or bike. Do they feel like trying to cross
Capitol or Oakland is like trying to cross “a hellscape highway” out of the movie Mad
Max? Is riding in Shorewood stressful for students, and riders of all ages?
More stress (and more concerns about safety) will cause less use of active
transport methods here. In contrast, the less stressful (and more pleasant) it
is for people to ride or walk on Shorewood streets, the more likely it is that
more people will choose to walk and bike more, and choose to drive a bit less.
It’s often said that “cars are
socially isolating.” But they don’t have
to be. We can make our use of cars less so (especially as we drive around a
community like Shorewood, which has a lot of pedestrian activity). We can
choose to be less socially isolated, and engage in positive dialogs with our
fellow street users.
Conclusion: Creating a Community Culture
We’ve all experienced the fact
that in some communities there is a tradition and culture where the streets are
shared, and there is a tradition of drivers showing deference and courtesy to
pedestrians. I’ve personally seen this in cities where one wouldn’t expect that
would be the culture (for example, in Las Vegas, or in very “red conservative”
town or cities out West). And we have all also experienced some communities,
and some streets, where that is definitely not the tradition and culture.
We can build in Shorewood and the
overall Milwaukee area—one block, one street, one neighborhood and one community
at a time—a new tradition, and a new culture one that is not only safer for
pedestrians, but in the end, one where we feel good about our streets and our
interactions with our fellow road users.
Sandie Pendleton is the
President of Greater Shorewood Bikers, an organizer of the Shorewood Complete
Streets Coalition, and an attorney. He
can be reached at sandiependleton@gmail.com.
