Georgia Pedestrian Accidents: Who is at Fault?
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.
- 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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