In Georgia, the law is clear about the responsibilities of both drivers and pedestrians. When a driver hits a pedestrian, it often raises questions about who was at fault and what happens next. Fault is crucial because it determines who may be held responsible for the injuries or damages. The rules for this are rooted in Georgia’s traffic laws, which aim to protect everyone on the road. Understanding these rules can help make sense of what happens when such an accident occurs.

Pedestrians in Georgia

Pedestrians in Georgia have the right of way in many situations. For example, when someone is crossing the street at a marked crosswalk or following a traffic signal, drivers are required to stop and let them pass. Drivers must also yield to pedestrians on sidewalks and entering intersections. However, pedestrians are also required to follow certain rules. They should use crosswalks when available and avoid crossing streets when a signal indicates not to. If a pedestrian darts into traffic unexpectedly or crosses where they are not supposed to, they may share some responsibility if an accident occurs.

Think of it like a relay race. Both drivers and pedestrians are part of the same team aiming to keep the roads safe. If one person drops the baton—whether by texting while driving or jaywalking—the race can end in disaster. Georgia’s “Rules of the Road” aim to ensure everyone does their part to avoid accidents. If a driver is speeding, distracted, or not following traffic laws, they are more likely to hit a pedestrian. In these cases, the driver is often found at fault. On the other hand, if a pedestrian ignores their responsibilities, such as crossing outside of a crosswalk in a busy area, they could also be held partly responsible.

Comparative Negligence

Georgia follows a legal principle called “comparative negligence.” This means fault can be shared between the driver and the pedestrian based on their actions. For instance, if a pedestrian crosses against a red light but the driver was speeding, both may share responsibility. If the pedestrian is found to be more than 50% at fault, they might not be able to recover damages from the driver. This is why understanding the specifics of each accident is so important.

In some cases, hitting a pedestrian is considered a criminal offense. For example, if a driver is under the influence of alcohol or drugs, drives recklessly, or leaves the scene of the accident, they could face criminal charges. Hit-and-run accidents, in particular, carry serious penalties, including fines, license suspension, and even jail time. These criminal cases are separate from any civil claims the injured pedestrian may pursue for compensation.

The injuries that result from hitting a pedestrian can be devastating. Unlike drivers, pedestrians have no protection against the force of a vehicle. Even a car moving at low speed can cause serious injuries, including broken bones, head trauma, or internal damage. Medical bills pile up quickly, and the recovery process can take months or even years. This is why compensation is so important. Victims may be entitled to recover damages for medical expenses, lost wages, and pain and suffering. In tragic cases where a pedestrian loses their life, their family may file a wrongful death claim.

What To Do When You Have A Case of Pedestrian Accident in Georgia

If you hit a pedestrian, the steps you take immediately afterward can make a big difference. Stop your vehicle and stay at the scene. Call 911 to report the accident and request medical assistance. Avoid admitting fault or making statements that could be misunderstood. If possible, exchange contact information with the pedestrian and any witnesses. Document the scene by taking photos or videos, including the location of the accident, damage to the vehicle, and any visible injuries. These steps can help protect everyone involved and may be crucial if a legal claim is filed.

Georgia law is designed to hold people accountable and protect those who are vulnerable. Whether you’re a driver or a pedestrian, it’s essential to know and follow the rules. Understanding the law can help prevent accidents and ensure that everyone gets the help they need after one occurs.

If you or a loved one has been involved in a pedestrian accident, getting the right legal guidance is critical. At Chalker Injury Law, we understand how overwhelming this experience can be. Contact us today to discuss your case and learn how we can help. Visit chalkerinjurylawyer.com to schedule your consultation now.