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Georgia Pedestrian Accidents: Who is at Fault?

May 30, 2019

As with any accident in Georgia, what matters is who is at fault in a pedestrian accident. Rarely are pedestrians found to be at fault for a pedestrian accident.

The reason why pedestrians are rarely held liable for an accident is because of the following:

  • Georgia law requires that pedestrians have the right of way and drivers are required, legally, to yield to them when they are in a roadway.
  • Vehicles that are going in and out of parking lots, driveways, garages and roads are required to look out for pedestrians and yield to them.
  • Even if a pedestrian is walking outside of a crosswalk, also known as jaywalking, vehicles should still stop and yield to them.
  • In areas where there is no sidewalk, pedestrians have a right to walk on a roadway, as long as it is on the side thereof.

There are situations where a pedestrian can be found liable, or partially liable, for an accident.  These are as follows:

  • Running into the road without giving a driver enough time to stop or slow down to avoid hitting the pedestrian
  • Walking on a roadway while intoxicated
  • Walking on a roadway while distracted, whether from listening to a radio or talking on a cellphone.
  • Jaywalking
  • Crossing an intersection during a do not walk signal.
  • Crossing in the middle of a roadway
  • Walking on roadways where pedestrians are prohibited, such as highways and bridges.

If a driver is found liable for a pedestrian accident, the pedestrian may be able to recover the following:

  • Medical expenses
  • Property damage
  • Time away from work because of injuries and/or treatment
  • Additional costs such as pain and suffering

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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 37 years.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at and use our Free Case Evaluation Form or 24-hour live chat.

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.