Pedestrian Accidents

Pedestrian Accidents: Find an Attorney in Atlanta, GA

The Ross Law Firm – Your trusted Atlanta Pedestrian Accident Attorneys

When pedestrians are struck by moving vehicles, they can suffer serious physical injuries. More importantly, they may have a claim against the at-fault driver. Under Georgia law, pedestrian accident cases seek to assign liability based on who caused the accident, the extent of the pedestrian’s damages, and the circumstances surrounding the accident. If a pedestrian is injured by a driver’s failure to stop or yield, the pedestrian may be able to seek financial recovery for medical expenses, pain and suffering, lost wages, long-term medical treatment, and other potential damages.

At The Ross Law Firm, our team of experienced trial attorneys will fight on your behalf. With nearly 20 years of combined trial experience, our attorneys understand how to put together a winning case. We have the expertise to push back against insurance companies, using evidence that can help increase your settlement award or even win your case at trial. Contact us today at (678) 502-0229 for a free case evaluation.

Pedestrian Accident Law in Georgia

Pedestrian-vehicle crashes occur every day in the Metro Atlanta area. According to a 2018 report by the Governors Highway Safety Association, Georgia is one of the top five states for pedestrian fatalities. On average, there are more than 250 pedestrian fatalities per year in the State of Georgia. The Georgia Governor’s Office of Highway Safety notes that the number of pedestrian fatalities is actually on the rise, increasing by 60% since 2013. According to many experts, this increase in pedestrian-vehicle crashes is largely attributed to cell phone use, as both drivers and pedestrians fail to keep their eyes on the road.

As a general rule, Georgia law seeks to protect pedestrians from reckless or distracted drivers. However, the specific circumstances of a pedestrian-vehicle accident can vary tremendously from one case to another. To clarify the rules of the road, Georgia has enacted a number of laws that explain who has the right-of-way in different traffic situations. These legal guidelines state the following:

Statute

Relevant Traffic Law

O.C.G.A. § 40-6-90

Pedestrians must obey traffic signals and pedestrian control signals.

O.C.G.A. § 40-6-91(a)

Pedestrians have the right-of-way at crosswalks. Drivers must remain stopped until the pedestrian is clear of the vehicle and at least halfway across the roadway.

O.C.G.A. § 40-6-91(b)

Pedestrians must not jump or move into traffic in a sudden manner that would prevent the driver form stopping in time.

O.C.G.A. § 40-6-22

At crosswalks, pedestrians must obey signals that say “WALK” or “DON’T WALK.” Drivers must remain stopped until all pedestrians are clear of the roadway. Pedestrians may not begin to cross the street once the “DON’T WALK” sign flashes.

O.C.G.A. § 40-6-92(a)

When there is no crosswalk, pedestrians may still cross the street, but only when it is safe to do so. Drivers must yield to pedestrians outside of crosswalks as long as the pedestrian safely entered the street with enough time for the driver to stop.

O.C.G.A. § 40-6-92(d)

At a crosswalk, pedestrians must follow traffic control signals. Pedestrians may not cross diagonally through the intersection unless authorized.

O.C.G.A. § 40-6-93

All drivers must exercise due care when operating a motor vehicle to avoid collisions with pedestrians. Drivers must exercise such care even if the pedestrian is confused, intoxicated, incapacitated, or a child.

O.C.G.A. § 40-6-93

Pedestrians shall not attempt to across a roadway while under the influence of drugs or alcohol if doing so would be hazardous.

O.C.G.A. § 40-6-144

When exiting a driveway, garage, alley, or other embankment, drivers must yield to passing pedestrians.

Factors That May Influence Pedestrian Accident Cases

Pedestrian accident law focuses on the driver’s negligent conduct. Like other negligence cases, a claimant must prove certain legal elements in order to win their case. Specifically, the pedestrian (the “Plaintiff”) must show that (1) the driver had a duty to yield to the pedestrian, (2) the driver breached this duty by colliding with the pedestrian, (3) the driver’s conduct was the cause of the pedestrian’s injury, and (4) the pedestrian suffered damages.

Proving these elements can be difficult and it requires a careful analysis of many factors, including:

Evidence: To prove a case against a negligent driver, a pedestrian must collect a large amount of evidence about the accident. The pedestrian may try to obtain witness statements, dashcam footage, security camera footage, police reports, medical records, accident photos, and other evidentiary findings. This evidence, if admissible, will be used to support your version of the events and shift liability toward the driver.

Time of Day: The respective duties of pedestrians and drivers may vary depending on the time of day. With less visibility at night, both pedestrians and drivers are expected to exercise greater care at busy intersections.

Weather: From foggy mornings to rainy evenings, weather conditions can drastically affect roadway visibility, traffic patterns, and stopping ability. Your attorney should assess how specific weather conditions may have impacted your accident.

Intoxication: A significant portion of pedestrian-vehicle accidents involve an intoxicated person (either the driver or the pedestrian). A party’s intoxication is not necessarily determinative in establishing fault, but this single factor can increase the complexity of the case. If the driver was in fact intoxicated, your attorney should have experience with DUI law and other drunk driving cases.

Vehicle: Depending on the make and model of the driver’s vehicle, different safety standards may apply. For instance, the stopping ability of an 18-wheel tractor trailer differs from that of a normal sedan. The size, shape, and weight of a vehicle can be a major factor in helping you win your case.

Roadway Design: The design of a particular stretch of roadway can drastically affect the incidence of pedestrian-vehicle accidents. The curvature of the roadway, for instance, may require that a driver slow down before proceeding. Other factors (like the location of traffic signals and traffic signs) may affect a driver’s liability.

Insurance: To actually obtain financial recovery from a negligent driver, your attorney must understand the rules and regulations about Georgia insurance coverage. This area of law is very complex, so determining whether your accident is covered by an insurance policy can be one of the most important parts of the case. Your personal injury attorney should be willing to go head-to-head with insurance companies to increase your financial recovery.

For a comprehensive analysis of your case, contact the team at The Ross Law Firm. Our attorneys will talk through the facts of your case, working with you to construct a timeline of the events that led to your injury. With a strong legal voice by your side, our attorneys can provide the representation you deserve. Contact The Ross Law Firm today at (678) 502-0229 for a free consultation. You pay nothing unless you win.