Even though automakers keep prioritizing safety features, the number of pedestrian deaths and injuries from motor vehicle accidents keeps rising. This is often due to distracted drivers. Pedestrians harmed by careless drivers could be eligible to seek compensation for their injuries. Tragically, however, some pedestrian injuries might result in death. When this happens, that person’s relatives can sue the irresponsible motorist on behalf of the deceased.
If you or a family member were in a situation like this, an experienced personal injury attorney could help. A Buckhead pedestrian accident lawyer could alleviate the stress and take over the difficult work needed to fight for your deserved compensation and justice.
Pedestrian Accidents on Roads with Crosswalks
Official Code of Georgia Annotated § 40-6-91 (a) provides that a driver should stop and give a pedestrian the right of way if:
- The pedestrian is on the half of the roadway on which the vehicle is traveling;
- The pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling; or
- The pedestrian is approaching and is within one lane of the half of the roadway onto which the vehicle is turning.
This means that the driver may not enter a crosswalk if pedestrians are present at the crossing. This is irrespective of the color of the traffic light. As a result, a driver should not use the green light as a reason to approach a crosswalk with people using it. For further questions about what is allowed under the law, you should speak with a pedestrian accident lawyer in Buckhead.
Pedestrians also have a responsibility to ensure their safety. No individual shall abruptly depart a curb, and walk or run into the path of a nearby vehicle, making it impractical for the driver to stop, according to OCGA § 40-6-91 (b). Pedestrians must also observe traffic control systems unless otherwise instructed by law enforcement.
Pedestrian Accidents in Areas without Crosswalks
Pedestrians who are struck on streets outside of crosswalks can file a personal injury claim within Georgia law, despite what some people might believe. While it is challenging, traffic regulations and the fear of negligence compel all motorists to drive with reasonable diligence, which includes keeping an eye out for pedestrians crossing in places that lack assigned crossings.
Pedestrians crossing anywhere besides the marked or unmarked crossings must cede the right of way to all cars on the road. However, they can cross if they have already entered the roadway under proper circumstances, according to OCGA § 40-6-92 (a). If a pedestrian can cross the road safely and no other laws or ordinances are preventing it, they have a right to do so. A Buckhead pedestrian crash lawyer could provide further insight as to what rights a plaintiff has.
Proving Accountability and Recklessness
Even if a pedestrian was not at a crosswalk, it is possible to hold a driver liable for hitting them if the driver was careless or operates the vehicle recklessly, resulting in an accident. A motorist who speeds or unsafely changes lanes, putting the vehicle in the pedestrian’s way, is held accountable for any unfortunate consequences.
Talk to a Buckhead Pedestrian Accident Lawyer
Every individual who was injured because of the conduct of others should get compensated in order to have an easier time resuming their normal life. Sadly, getting this reimbursement can be difficult and time-consuming. Insurers will try to delay payment or challenge the level of your damages, even when another person was entirely at fault.
At Shiver Hamilton, a Buckhead pedestrian accident attorney could assist you in this effort. We handle all the details so you can focus on putting your life back together. Call us today for a free consultation.