Pedestrian Accidents

Pedestrian accidents can result in severe injuries and even fatalities due to the vulnerability of individuals on foot. If you or a loved one has been injured in a pedestrian accident in Georgia, it’s crucial to understand your rights and legal options for seeking compensation.

Pedestrian accidents can occur due to various factors, but some of the most common causes include:

• Distracted driving: Drivers who are texting, talking on the phone, or otherwise distracted may fail to notice pedestrians in crosswalks or crossing the street.
• Speeding: Excessive speed reduces a driver’s ability to stop quickly, increasing the likelihood of striking a pedestrian.
• Failure to yield: Drivers who fail to yield the right-of-way to pedestrians at crosswalks or intersections can cause serious accidents.
• Impaired driving: Alcohol or drug-impaired drivers are more likely to be involved in accidents with pedestrians.
• Poor visibility: Lack of adequate lighting, inclement weather conditions, or obstructed views can contribute to pedestrian accidents.

There are many misperceptions about pedestrian rights. Even where a pedestrian may initially appear or be understood to be “at-fault,” a deeper dive into the facts and circumstances of the accident can change that initial determination.  Drivers in Georgia have a duty of care to pedestrians that they see on the road.

First, O.C.G.A. § 40-6-93 dictates that all drivers need to exercise due care to avoid hitting pedestrians and to exercise caution when seeing a child or any obviously confused, incapacitated or intoxicated person.  Thus, despite common misperceptions that cars simply have to yield to pedestrians in crosswalks, the law requires drivers who see children or other confused persons on the road take reasonable care, when they see them.

The law reads as follows:

“Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, shall give warning by sounding his horn when necessary, and shall exercise proper precautions upon observing any child or any obviously confused, incapacitated, or intoxicated person.” O.C.G.A. § 40-6-93

Secondly, not only does Georgia law require drivers to stop for pedestrians who are crossing in a crosswalk, the law requires that all vehicles stop and allow pedestrians to completely cross the sidewalk before proceeding.  That is, even when there is room to drive through the crosswalk or around the pedestrian, drivers are required to stop, not simply yield. 

The Georgia code establishes this rule as follows:

O.C.G.A § 40-6-91. Right of Way in Crosswalks:

(a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subsection, “half of the roadway” means all traffic lanes carrying traffic in one direction of travel.

(b) No pedestrian shall 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 impractical for the driver to yield.

(c) Subsection (a) of this Code section shall not apply under the conditions stated in subsection (b) of Code Section 40-6-92.

(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

Third, Georgia further law addresses what is sometimes referred to as “jaywalking.” The term jaywalking is sometimes used to describe a pedestrian crossing the street outside of a crosswalk.  Some people may assume that “jaywalking” is illegal, which is another common misconception about pedestrians and their rights. The fact is that crossing the street outside of a crosswalk is legal, as long as the pedestrians yield to traffic before crossing the street. The pertinent law is as follows:

O.C.G.A. § 40-6-92. Crossing roadway elsewhere than at crosswalk:

(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway unless he has already, and under safe conditions, entered the roadway.

(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway if he uses the roadway instead of such tunnel or crossing.

(c) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.

(d) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices. When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.

Finally, regardless of pedestrian control signs, drivers of vehicles continue to have a duty to watch out for pedestrians.  The “Don’t Walk” signal means to pedestrians, “don’t start crossing,” but if a pedestrian has already made their way across and the sign turns midway, a driver still has to yield to the pedestrian.  

The pertinent law is O.C.G.A. § 40-6-22. Pedestrian control signals:

Whenever special pedestrian-control signals exhibiting the words WALK or DON’T WALK or symbols so directing a pedestrian are in place, such signals shall indicate as follows:

(1) Word or symbol message WALK — Pedestrians facing such signal may proceed across the roadway in the direction of the signal. Every driver of a vehicle shall stop and remain stopped for such pedestrians; and

(2) Flashing or steady DON’T WALK — No pedestrian shall start to cross the roadway in the direction of such a signal, but any pedestrian who has partially completed his crossing on the WALK signal shall proceed to sidewalk or safety island while the DON’T WALK signal is showing.

As you can see, drivers are required by Georgia law to act reasonably to protect pedestrians.  Rightfully so, as pedestrian accidents can result in a wide range of injuries, including fractures and broken bones, traumatic brain injuries (TBIs) or head injuries, spinal cord injuries, internal organ damage, soft tissue injuries, and cuts, bruises and abrasions. In severe cases, pedestrian accidents may lead to permanent disabilities or wrongful death.

Like most personal injury cases, Georgia law allows two years from the date of the crash to file a lawsuit for pedestrian accidents.  Nonetheless, it is important to speak with an attorney as soon as possible to begin the process of investigating the crash, identifying all sources of compensation, and documenting the full extent of your losses.

The Davis Injury Firm has successfully handled numerous pedestrian accident cases by conducting thorough investigations into liability and insurance coverage and aggressively pursuing all options for recovery.

If you’ve been injured in a pedestrian accident due to the negligence of a driver, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. At Davis Injury Firm, we pride ourselves on creative lawyering, clear communication with our clients, and a specially curated legal strategy based on your individual case. If you or a loved one has been injured in a pedestrian accident in Georgia, contact us today for a free consultation. Our experienced team will review the details of your case, explain your legal rights, and help you explore your options for bringing a claim. 

What sets us apart from some law firms:

• We do not handle any other types of cases. 
• We are not afraid of litigating cases, giving us the ability to acquire the experience and knowledge vital to maximizing results in personal injury cases.
• We pride ourselves in using creative lawyering and strategy to maximize results. 
• We use clear communication with our clients to keep them informed every step of the way.  
• We give individualized attention to each and every client’s case by keeping our case volume low and curating specific legal strategies to the unique circumstances of that case.  

Call us at404-593-2620 or contact us online today to schedule a free consultation with our Atlanta pedestrian accident attorney.