Both locals and tourists often take advantage of the beautiful scenery and amazing walking trails on St. Simons Island. There are pedestrian trails along roadways and beaches, shopping districts, and marshlands that many people use to walk to local restaurants, stores, parks, and beaches from their homes, hotels, or resorts.
Although St. Simons Island is walkable, the roadways are still busy and collisions with pedestrians do occur. Whether you are struck by a car, bus, motorcycle, or bicycle, a St. Simons Island pedestrian accident lawyer could help you pursue compensation from the negligent party who hit you and caused damages to you and your property. Call an experienced attorney today to get started on your case.
Pedestrian Laws in Georgia
Georgia requires pedestrians to give the right-of-way to vehicles unless the pedestrian is crossing inside a designated crosswalk. Crossing the street in an unmarked intersection, or jaywalking, is not prohibited by law, but the crossing pedestrian still must yield to oncoming traffic.
Drivers are required to stop at crosswalks and allow the pedestrian to cross, without squeezing by the pedestrian or driving around them. Likewise, if one vehicle is allowing a pedestrian to cross the road, even at an unmarked crossing, vehicles from behind cannot attempt to overtake or pass the stopped vehicle. They must allow the pedestrian to fully cross. Whether or not the parties involved followed the law at the time of a collision can play a significant role in liability for the accident.
Modified Comparative Negligence Doctrine
St. Simons Island operates under a rule called modified comparative negligence, which means that people who are injured in personal accidents may have their compensation awards reduced if they are found to have contributed more than half of the fault in causing their accident. If the plaintiff is found to be 50 percent or more negligent when compared to defendant(s), they are barred from recovering anything
While some states completely bar recovery for individuals who are partially at fault, Georgia allows people to receive compensation if they are less at fault than the other party—hence the term modified comparative negligence.
For this reason, any pedestrian injured in a collision should immediately consult with a skilled St. Simons Island pedestrian accident attorney, even if they believe their own negligence contributed to their accident. For example, by not using the marked crosswalk, or by being under the influence of alcohol or drugs.
While jaywalking is not illegal, evidence of crossing at an unmarked intersection could still be used by a defense team to argue that a pedestrian caused their own accident, at least in part. An accomplished lawyer may have experience rebutting defense claims of contributory or comparative negligence.
Speak with a St. Simons Island Pedestrian Accident Attorney Today
No matter the circumstances that led to you sustaining injuries from a pedestrian collision, or whether you believe you may share in the fault for the accident, your St. Simons Island pedestrian accident lawyer could help you seek compensation for your injuries. You may be eligible to obtain damages including compensation for lost wages due to time away from work, medical and hospital bills, medication, physical therapy, disability benefits, and mental and emotional suffering, among others. Call today to schedule a consultation.