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Georgia Law Regarding "Hit by a Car" Pedestrian Accidents


June 03, 2019

In Georgia, it is illegal for a driver to drive around, attempt to get by, or cut a pedestrian off who is walking in a crosswalk. Georgia drivers must come to a full and complete stop according to O.C.G.A. §40-6-72. 

The toughest challenges when you are struck by a vehicle in Atlanta is to overcome the presumption that the pedestrian was wrong for taking a walk around cars.  However, this is not the law in Georgia, which was changed in 1995, to force drivers to stop and not just yield to pedestrians located in crosswalks according to peds.org.

Accordingly, drivers must come to a complete stop when pedestrians are present in a crosswalk according to § 40-6-92.  The law in Georgia requires that a driver must:

  • Stop when a pedestrian is located in a crosswalk 
  • Be sure to stop your vehicle when a pedestrian is located in a crosswalk and is within one lane of coming onto the driver’s side of the roadway.

In Georgia, jaywalking is not defined anywhere in the law, but is incredibly dangerous and can cause serious injury.  Jaywalking refers to people who go across a roadway without using a designated crosswalk. 

Generally, there are some procedures pedestrians should follow when crossing the road. These are:

  • Use the designated crosswalk when crossing a roadway at an intersection.
  • Cross a roadway in the shortest distance possible.  
  • Do not cross a roadway diagonally.
  • Observe all pedestrian traffic signs and devices.

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If you have been injured by any type of accident caused by someone else's negligence, call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has been representing those who suffer serious injuries for over 35 years.

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Source: O.C.G.A. §40-6-72, § 40-6-92 and https://www.peds.org/walk-smart-drive-smart/who-has-the-row/

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.