Pedestrian Accident Attorneys in Atlanta, GA

Walking seems to be the perfect way to enjoy the city life in Atlanta. Strolling through the vacation spots in any part of Georgia can be quite invigorating and pleasurable. However, this relaxing pursuit is not without significant dangers. In Georgia, as many as 260 pedestrians were struck by a vehicle and killed in the year 2017 alone.

Why do Pedestrian Accidents Occur in Georgia?

Accidents involving pedestrians may occur for various reasons. According to the Insurance Institute for Highway Safety (IIHS), the following causes and circumstances often lead to pedestrian accidents and fatalities:

• Pedestrian accidents most often involve SUVs and high horsepower automobiles
• A majority of crashes occur at night when there is low visibility
• Accidents most commonly occur in urban and suburban regions
• Crashes tend to occur outside of intersections
• Accidents typically occur on busy, arterial roads
• The IIHS indicates that vehicle design, road design, lighting, and speed limit enforcement are all factors that contribute to such accidents

The above factors have been identified by IIHS, but there are other reasons for pedestrian crashes with passenger vehicles or other automobiles, including:

• Driving under the influence of drugs or alcohol
• Drowsy driving
• Speeding
• Distracted driving
• Not reducing the speed at a crosswalk
• Inability to come to a complete stop at an intersection or a crosswalk
• Inability to follow road signs, such as yield or stop
• Reversing the vehicle without checking to see if anyone was behind it

If a pedestrian accident occurs for any of the reasons above, a driver would be held responsible for the injuries or death of the pedestrian they struck.

Pedestrian Responsibility in Accidents

In pedestrian accidents, motorists are usually held responsible. It is the legal obligation of all motorists to drive in a way that does not pose a danger to other motorists, bicyclists, and pedestrians. The plaintiff may file a negligence case if this duty is violated or ignored.

On the other hand, pedestrians are also responsible for walking or jogging in a safe manner. Reckless behavior and mistakes could lead to an accident. In the following instances of pedestrian accidents, pedestrians may be found accountable:

• If they text while walking or jogging
• If they speak on the phone while walking or jogging
• If they walk when under the influence of drugs or alcohol
• If they walk or jog with earphones at very high volume
• If they violate or ignore road signs or other traffic regulations

In addition, caregivers may be found to be at fault for not assisting small kids, the elderly, and the physically disabled while crossing the road.

If a judge or jury panel finds that the pedestrian is partially responsible for the incident, they will allocate a percentage of fault to the pedestrian. However, the percentage of the pedestrian’s fault must be under 50 percent for the plaintiff to be able to recover compensation.

Additionally, the percentage of fault assigned to the pedestrian limits their total compensatory amount. For instance, if a pedestrian was struck while walking and texting, they may be assigned 40 percent fault for the incident. If their total compensation amount was $100,000, their recovery would be reduced by 40 percent, or $40,000. Eventually, they would only be able to recover $60,000 in damages.

The Laws in Georgia on Pedestrian Accidents

Drivers in Georgia must follow traffic regulations to prevent further penalties in pedestrian accidents. According to Georgia law, every vehicle driver shall:

• Exercise due caution to avoid crashing into any pedestrian on any roadway
• Sound their car horn, when necessary, to warn pedestrians of the approaching vehicle
• Exercise due care upon observing a child, any person who is apparently incapacitated or confused, or an intoxicated individual on the road

Motorists must also do everything in their capacity to warn a pedestrian of a potential crash. They should be especially cautious when operating a vehicle in the vicinity of children or the elderly.

Right of Way in Crosswalks

Georgia law makes it illegal for a motorist to drive around, try to squeeze through, or cut off an individual walking in a crosswalk. Drivers in Georgia must come to a complete halt! Motorists must:

• STOP their vehicle when a pedestrian is navigating a crosswalk anywhere on the motorist’s side of the road
• STOP their vehicle when a pedestrian is navigating a crosswalk and is within one lane of entering the motorist’s side of the road

Under Georgia law, there are certain pedestrian responsibilities as well. The law in Georgia lays out various regulations that pedestrians must follow, such as:

• Unless they are already on the road, pedestrians must yield to traffic
• Pedestrians may not cross a street in a diagonal direction unless directed otherwise
• When in between signals, pedestrians must use crosswalks; otherwise, it will be considered jaywalking

When a pedestrian or motorist disobeys the law and is partially at fault for a wreck, it is known as “negligence per se.” In such cases, both the motorist and/or pedestrian will be allocated a higher percentage of responsibility, and the damage amount will be accordingly adjusted.

Georgia Law on Jaywalking or Crossing outside a Crosswalk

Interestingly, “jaywalking” is not a recognized term under Georgia law. This word is neither defined anywhere, nor does it appear in any Georgia law. This word is used to refer to the act of unlawfully walking outside a crosswalk. As long as a person yields to traffic, it is entirely legal for them to cross a street outside of a crosswalk.

Pedestrians can Recover Financial Damages for their Injuries

In general, pedestrians involved in an accident with a vehicle sustain injuries on the head, arm, and leg. These injuries can be severe or, at the least, warrant prolonged medical care.

The driver’s insurance company will offer some type of settlement in many cases. The victim can either accept or decline the settlement offer. It is advisable to consult a Georgia personal injury lawyer to understand whether you can pursue legal action when the amount of the compensation seems meager, or if the motorist did not have insurance.

We Work Tirelessly for Georgia Pedestrian Accident Victims

It can be physically and emotionally traumatic to be hit by a car when you are walking down a street. We cannot make up for your injuries or undo what happened. But we can make sure that you collect the compensation you deserve under Georgia law and are able to bring your life back on track.

At Stein & Fox, a qualified pedestrian accident lawyer will guide you every step of the way to make sure that the guilty party is held responsible. For a free case review, call today at (844) 529-4444.