When you are walking or jogging somewhere, you do not expect to be struck by a vehicle. Unfortunately, pedestrian accidents do occur and can result in significant injuries. If this accident was due to the negligence of another person, you have the option to hold them accountable.
To improve the chance of recovering damages, contact a Cobb County pedestrian accident lawyer. With the help of a hardworking personal attorney, you could make the case that the defendant caused your injuries and that you are entitled to recoup your losses.
Causes of Pedestrian Accidents
Pedestrian accidents typically arise from irresponsible driving and often occur when the driver becomes distracted or fails to see the person walking. Common causes of pedestrian accidents include:
- Drunk driving;
- Distracted driving;
- Running a stop sign or light; and
- Backing up without checking.
These accidents are not limited to a roadway and can occur in parking lots or driveways as well. Regardless of what caused this incident, it is wise to find a Cobb County walking and jogging accident lawyer to represent you in a legal case.
Pedestrian Rights on the Road
To avoid collisions with pedestrians, drivers are required to exercise reasonable care while behind the wheel. While drivers must operate their vehicles responsibly, the plaintiff should also have been behaving appropriately when walking near the road. Pedestrians must follow the rules of the road when they attempt to cross it.
Crossing at Crosswalks
Crosswalks are designated areas where pedestrians are free to cross with some measure of safety. When a person is in a crosswalk, the vehicle must stop and allow them to cross their half of the road. A driver’s failure to stop for a pedestrian in a crosswalk results in their liability for any injuries that follow. The pedestrian cannot just enter the crosswalk at any time without checking for a vehicle. Under Official Code of Georgia Code § 40-6-91, a person must yield the right-of-way to an oncoming vehicle.
Crossing the Road Outside of Crosswalks
When a person is at an intersection, they must move within the designated crosswalk area. However, the pedestrian is not always able to use a crosswalk and might instead cross in an unmarked area. In this case, pedestrians must yield to all vehicles on the road. If the person is already in the roadway when a vehicle approaches, the vehicle must yield to them. A local pedestrian accident attorney could attempt to establish that the plaintiff was in the roadway before the vehicle approached and was therefore not responsible for the accident.
The plaintiff’s failure to act reasonably or to follow the rules of the road could lead to comparative negligence. When the pedestrian’s actions played a part in causing the accident, they are comparatively negligent. This means that they are assigned a percentage of fault. As a result, the plaintiff’s damages are reduced in accordance with their percentage of fault. For example, if they were deemed 25 percent responsible for the collision, their final compensation will be reduced by 25 percent.
Learn More from a Cobb County Pedestrian Accident Attorney
While a lawsuit involving a person in a vehicle and a person without a vehicle may seem straightforward, you should seek help from a Cobb County pedestrian accident lawyer for guidance. They could provide valuable legal insight and defend you against any attempts to apply comparative negligence. Work with us to recover the damages you are owed and hold the negligent party accountable.