Frequently Asked Questions About Pedestrian Accidents in Georgia
According to the National Highway Traffic Safety Administration (NHTSA), more than 7,500 pedestrians were killed in auto accidents in 2022. Another 67,000 pedestrians suffered serious injuries in collisions involving motor vehicles. Given that all of us need to walk on public streets during some portion of the day, these figures emphasize how much we are all at risk of being the victim of a pedestrian accident.
As an at-fault state, Georgia law holds negligent motorists legally responsible for injuries they cause to pedestrians. Yet far too many motorists still act as if sharing the road with pedestrians is an inconvenience rather than a legal obligation. With that in mind, here are some of the more common questions we get regarding the legal rights of pedestrians in Georgia.
Who Has the Right of Way at a Crosswalk?
In Georgia, a pedestrian has the right of way in a marked crosswalk. A motorist is required to stop their vehicle–and remain stopped–to allow a pedestrian to safely cross within the crosswalk on the driver’s half of the road. This means the driver cannot try to “squeeze by” or drive around a pedestrian by entering another lane traveling in the same direction. Nor can any other driver overtake and pass a vehicle stopped at a crosswalk to allow a pedestrian to cross.
What If I’m Jaywalking? Do Drivers Still Have to Yield?
There is no such thing as “jaywalking” according to Georgia law. In fact, it is perfectly legal for a pedestrian to cross the street outside of a marked crosswalk. However, a pedestrian is normally required to yield to traffic when crossing a street at any point other than a marked crosswalk. But assuming the pedestrian has already entered the street under “safe conditions,” they are allowed to legally complete their crossing and traffic must yield.
Can I Legally Cross the Street When There is a “Don’t Walk” Signal?
When crossing a street controlled by a “WALK / DON’T WALK” signal, a pedestrian may not legally enter the intersection once the red “DON’T WALK” signal starts flashing. If a pedestrian is already in the intersection, they may complete their crossing. Motorists must continue to yield to the pedestrians and may not enter the crosswalk, even if they have a green light to proceed.
Can I Be Found Partly At-Fault for a Pedestrian Accident?
Yes. Georgia is a comparative fault state, so a judge or jury must consider whether a pedestrian’s own actions contributed to their accident. Typically, a pedestrian may be found partly (or completely) at-fault if they deliberately ignored traffic rules or were distracted (by listening to music, texting on their phone, et al.) while crossing the street.
Contact Hawkins Spizman Trial Lawyers Today
Pedestrians are at the mercy of drivers who are often reckless and negligent. If you, or someone that you care about, has been seriously injured in a pedestrian accident, it is best to speak with a qualified Atlanta personal injury lawyer as soon as possible. Contact Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.
