Helping Injured Pedestrians Secure Compensation
When a pedestrian and a motorized vehicle collide, there is always one clear winner: the vehicle. People on foot are no match against cars, trucks, motorcycles, or buses – even when the vehicle is traveling at very slow speeds. What might have been a minor accident for two vehicles can result in catastrophic injuries or even death when a pedestrian is involved.
At Van Sant Law, we understand how a pedestrian accident can turn your life upside down, whether you have been injured or whether a loved one has been seriously injured or killed. It is important to learn how the accident occurred and who was at fault if you are to collect the compensation that you deserve. We are here to help you answer these questions and get the support that you need.
Georgia Pedestrian Laws
Here’s a clear breakdown of the state pedestrian laws:
- Drivers must yield to pedestrians in crosswalks: If a pedestrian is in a marked or unmarked crosswalk and on the same half of the road—or within one lane of it—drivers must stop and remain stopped. This rule applies at both intersections and mid-block crossings.
- Passing a stopped vehicle at a crosswalk is illegal: When a vehicle has stopped to let a pedestrian cross, other drivers approaching from behind may not pass. Doing so endangers pedestrians and violates Georgia traffic law.
- Pedestrian signals must be obeyed: Pedestrians can cross only when a “WALK” signal is displayed. When a “DON’T WALK” signal appears—flashing or steady—pedestrians must not begin to cross, though they may finish if already in the street.
- Drivers must yield to blind pedestrians: Vehicles must stop for pedestrians using a white cane or accompanied by a guide dog, even if they’re not in a crosswalk. This law prioritizes the safety of visually impaired individuals.
- Pedestrians must use sidewalks when available: If a sidewalk is present, pedestrians are required to use it instead of walking in the roadway. This keeps foot traffic away from fast-moving vehicles.
- Use the shoulder or walk facing traffic when there’s no sidewalk: If no sidewalk exists, pedestrians should walk on the shoulder, staying as far from traffic as possible. On two-way roads without a sidewalk or shoulder, pedestrians must walk on the left side facing traffic.
- Crossing outside crosswalks requires yielding to vehicles: Pedestrians may legally cross the street outside a crosswalk, but they must yield the right of way to vehicles. However, if they’re already safely in the road, drivers should still exercise caution.
- Jaywalking is not a specific offense under Georgia law: Georgia doesn’t have a statute labeled “jaywalking,” but crossing outside of a designated crosswalk is regulated. Pedestrians doing so must take extra care and yield to oncoming traffic.
- Diagonal crossing is not allowed unless indicated: Pedestrians may not cross intersections diagonally unless permitted by official traffic control devices. This rule prevents confusion and ensures smoother traffic flow.
- Pedestrians must follow general traffic rules: Like drivers, pedestrians must obey traffic signals, road signs, and lawful instructions from law enforcement. This includes waiting for traffic lights and using crosswalks properly.
- Walking on interstates and highways is prohibited: Pedestrians are not allowed on controlled-access highways such as interstates, unless due to emergencies. This is for their safety due to high speeds and limited visibility.
How Georgia Pedestrian Accidents Happen
Many pedestrian victims never contact an attorney because they worry that they were at fault for their accident – even though they have never looked into the matter, or even though they have a suspicion that something wasn’t right. In reality, drivers are the cause of a significant number of these tragic collisions.
Here are just some of the most common causes of pedestrian accidents in which the pedestrian is not at fault:
- The driver did not obey traffic laws (including right-of-way laws, traffic lights, or crosswalks).
- The driver did not yield to a pedestrian.
- The driver was under the influence of drugs or alcohol.
- The driver was fatigued or asleep at the wheel.
- The driver was distracted.
- The driver simply “didn’t see” the pedestrian.
- The road or intersection was poorly designed or poorly signed.
- The city or state did not properly care for the roadway.
Types of Compensation Available
In Alpharetta, Georgia, compensation in a pedestrian accident is typically awarded to cover the victim’s financial and emotional losses caused by the accident. Georgia is an at-fault state, meaning the driver who caused the accident (or their insurance company) is usually responsible for paying damages.
Types of compensation available include:
- Medical Expenses: Victims can be compensated for all medical costs related to the accident, including emergency care, surgeries, hospital stays, physical therapy, and future medical needs.
- Lost Wages and Loss of Earning Capacity: If the injuries prevent a person from working temporarily or permanently, they can recover compensation for lost income and diminished earning potential.
- Pain and Suffering: This includes non-economic damages such as physical pain, emotional trauma, mental anguish, and loss of enjoyment of life.
- Property Damage: If any personal property was damaged during the incident (like a phone, watch, or clothing), the pedestrian may be compensated for the repair or replacement costs.
- Punitive Damages: In rare cases where the at-fault driver acted with extreme recklessness—such as drunk driving or fleeing the scene—punitive damages may be awarded to punish the wrongdoer.
- Wrongful Death Damages: If the pedestrian dies as a result of the accident, their family may pursue a wrongful death claim. Compensation can include funeral expenses, loss of companionship, and the value of the deceased’s future earnings.
Here’s how compensation is determined:
- Fault: Georgia follows a modified comparative negligence rule. If the pedestrian is found less than 50% at fault, they can recover damages, but the amount is reduced by their percentage of fault.
- Insurance: The driver’s liability insurance typically covers the pedestrian’s damages. In hit-and-run or uninsured driver cases, the pedestrian may turn to their own uninsured motorist coverage.
Recovering from a pedestrian accident – or caring for an injury victim – is extremely stressful and time-consuming. Many people think that they simply don’t have the time or energy to seek legal help, while others just want to put the accident behind them. Our Alpharetta pedestrian accident attorneys want you to know that if you give us a call, we can take this burden off your back and make sure that your case sees justice. If you don’t have a case, we will tell you honestly. If we think you do, we will work tirelessly at your side to get you what you need and deserve.
When It Comes to Pedestrian Accidents, Minor Injuries Are Rare
Fender-benders may sometimes only result in a sore neck or a seatbelt bruise. But when it comes to pedestrian accidents, there are no seatbelts and there are no fenders; there is only metal against skin. For this reason, pedestrian accidents have much higher fatality rates than motor vehicle accidents alone.
Specifically, pedestrian accidents often result in these serious injuries:
- Broken bones
- Traumatic brain injuries
- Crush injuries
- Lacerations
- Back, neck, and spine injuries
- Paralysis
- Catastrophic injuries
- Death
Bills for hospitalization and further medical treatments can pile up quickly, especially since many people lose wages while recovering. If your accident was not your fault, these bills are not your responsibility! Speak with an experienced Atlanta pedestrian attorney to find out who should be paying your accident-related expenses.
