Pedestrian Accident Lawyer Stone Mountain GA
The U.S. pedestrian deaths have reached an all-time high. Some pedestrian fatalities are caused by the driver’s fault, including distracted or reckless driving. However, at times, the pedestrians are at fault. With nothing to protect them, pedestrians often suffer serious injuries when they have a collision with a vehicle, motorcycle, or bicycle. If you get injured due to a driver’s negligence, a personal injury attorney in Stone Mountain, GA can help you secure compensation through a personal injury claim. To learn more about it, please carry on reading.
Georgia Law for Pedestrians
Right of Way at Crosswalks
A crosswalk is any portion of the roadways with lines or markings indicating the path for pedestrian crossing. The pedestrians have the right of way at crosswalks. Pedestrians can maximize their safety on the road by using designated walking areas such as footpaths along the road and crosswalks.
In Georgia, jaywalking is when a pedestrian walks outside a marked crosswalk. However, a pedestrian can cross a roadway with no crosswalk as long as they yield to the oncoming traffic. Ignoring crosswalk laws, oncoming traffic, and crossing an intersection is illegal.
According to the O.C.G.A § 40-6-90
- Pedestrians must obey the instructions of a traffic control device or the traffic police.
- All pedestrians shall be subject to traffic laws.
According to the O.C.G.A § 40-6-91
- A driver should yield to any pedestrian that has crossed half of the roadway or has crossed to one lane of the half of the roadway on which the motor vehicle is turning or traveling at.
- No pedestrian is allowed to leave the curb and run or walk into the path of a vehicle that cannot stop in time to yield to them.
- If a vehicle has stopped to give right of way to pedestrians at a marked or unmarked crossway, any other vehicle coming from the rear of the said vehicle cannot overtake or pass it.
According to the O.C.G.A § 40-6-92
- Unless a pedestrian has entered the roadway, they must stop and yield to all vehicles on unmarked crosswalks at intersections and on marked crosswalks on other roadways.
- If an overhead crossing or a pedestrian tunnel is present on a roadway and the pedestrian does not use it, they are required to yield to the oncoming traffic.
- Pedestrians are not permitted to cross at any place other than using the crosswalk between adjacent intersections controlled by traffic signals.
- Unless the traffic control device or a traffic control officer authorizes it, any pedestrian is not permitted to cross a roadway intersection.
- Subsection (a) of Code O.C.G.A § 40-6-91 does not apply to the conditions of subsection (b) of this Code.
The laws for pedestrians are complex in Stone Mountain, GA are complex. If you need more information, you can contact an experienced personal injury attorney.
Statistics for Pedestrian Accidents in Georgia
- In 2019, 60% of all pedestrian accidents occurred in the Atlanta region.
- Around 79 percent of pedestrian fatalities in Georgia in 2019 occurred in places other than intersections.
- Pedestrian accident fatalities were up by 4% in 2020.
- In 2020, 55,000 pedestrian injuries were recorded in the U.S., and 6,516 fatal pedestrian accidents occurred. This means that a pedestrian was killed every 81 minutes in that year.
Common Causes of Pedestrian Accidents in Stone Mountain GA
Most of the accidents caused by speeding motorists occur at intersections. If pedestrians are involved in such a situation, they can suffer severe injuries, some of which can lead to wrongful death. Negligent drivers who run a red light or stop signs while overspeeding are one major cause of pedestrian accidents.
A person distracted by their phone while driving can take 27 seconds to regain complete focus on the road ahead. If such distracted drivers close in on a crosswalk, it could result in a devastating pedestrian accident. In Georgia, it is illegal for motorists to use their phones even at a red light. Yet, despite such strict traffic laws, pedestrian accidents caused by distracted drivers happen regularly.
Intoxicated drivers are a threat to every road user, especially pedestrians. Alcohol or drug intoxication can significantly reduce the motorist’s ability to react to sudden changes on the road resulting in an accident.
Unmarked crosswalks can be another reason for pedestrian accidents. Signaled crosswalks can reduce the risk of serious accidents. Clearly marked crosswalks are crucial because drivers can unlikely yield to pedestrians at unmarked crosswalks.
Establishing Fault for the Pedestrian Car Accident
If the driver or the pedestrian does not take reasonable action to prevent the accident, either can be liable for it. The fault of the accident is established by assessing the facts of the case. One piece of evidence that can help establish fault in the accident is the police report, which can include witness statements and other evidence to determine if the pedestrian or the driver broke the law and caused the accident.
Georgia is one of the states that follow the comparative negligence rule. This rule implies that both the pedestrian and the motorist could share fault in the accident. According to this rule, the compensation awarded to the plaintiff can be reduced to their share of fault in the accident. You can contact a car accident attorney for your more details regarding the comparative negligence law and to guide you through the personal injury claim process.
What Damages Can I Recover in a Personal Injury Case?
Accidents involving pedestrians can often result in serious injuries to the victim, especially in a truck accident. The victim can claim compensation for monetary damages, such as medical treatment, lost wages, wrongful death of a loved one, medical malpractice, property damage, and more. They can also recover non-monetary damages, known as pain and suffering, including compensation for emotional distress, disability, disfigurement, loss of enjoyment, and quality of life.
How Can a Personal Injury Lawyer Help?
Pedestrian accidents can result in high medical bills, long-term rehabilitation, and other expenses in personal injury cases. You will need solid evidence to build a strong case to recover full compensation for your suffering. You also need to ensure you don’t miss the deadline for falling in a pedestrian accident case which is two years according to the statute of limitations of Georgia. Gathering evidence, keeping up with the paperwork, and establishing liability can get complicated. A personal injury lawyer can help you in this process.
You are welcome to get in touch with us at The Pendergrass Law Firm. Our personal injury lawyers can handle all the paperwork, negotiate with the insurance company, and help you gather evidence to increase your chances of obtaining full compensation in a personal injury lawsuit. Contact us today to schedule a consultation with an expert personal injury lawyer in Stone Mountain, GA.