Pedestrians in Georgia have the right to cross at intersections, but they must yield to oncoming traffic if they cross the road outside a crosswalk, or “jaywalk.” If a pedestrian fails to yield and gets hit by a vehicle outside an intersection, they may face challenges in seeking compensation.
If a car recently struck and injured you while you were crossing a road on foot in Georgia, an experienced pedestrian accident lawyer at Bayuk Pratt can help you understand your legal rights and options.
We will review the specific facts of your case and help you determine whether you may file a personal injury claim and pursue money from the at-fault driver in your pedestrian accident case. Contact us today to learn more in a free consultation.
What Is Jaywalking?
Jaywalking is a popular term for crossing a street outside a designated crosswalk. Georgia law does not use “jaywalking” as a legal term. However, under Ga. Code § 40-6-92, crossing the street outside a crosswalk is generally legal in most places as long as the pedestrian yields to traffic.
Knowing what actions you can legally take as a pedestrian means understanding whether you or the oncoming motor vehicle has the right of way. Your safety is the priority. Georgia law requires drivers to stop and stay stopped for pedestrians at intersections.
Still, even if you have the right of way as a pedestrian, you should always look for distracted drivers and speeding drivers who may not expect pedestrians to be crossing the street.
Pedestrians lack the same structural protection that automobile occupants have. So, they are vulnerable to serious injuries or fatal injuries in traffic accidents when drivers run red lights, engage in reckless driving, and fail to see them or other pedestrians on the road.
The risk of severe injuries, such as broken bones and traumatic brain injuries, increases exponentially as vehicle speed increases.
What Are Georgia’s Pedestrian Right-of-Way Laws?
Georgia’s pedestrian right-of-way laws serve to minimize the risk of pedestrian accidents. According to the Georgia Department of Transportation, nearly 300 pedestrians died in accidents in Georgia in one recent year. One of every five pedestrian deaths was caused by motorists’ failure to yield.
To avoid such accidents, drivers must be alert for pedestrians on the road and at intersections, and pedestrians should look out for traffic.
They should also know Georgia’s right-of-way laws, which include the following:
- Drivers must stop if a pedestrian is crossing in a crosswalk on the side of the road on which the vehicle is traveling, even if there is room for the car to drive by them.
- Pedestrians cannot suddenly step off a curb and enter the road in the path of an oncoming vehicle so close that the driver cannot stop in time to avoid an accident.
- Pedestrians cannot cross intersections diagonally unless the traffic light allows it.
- As noted above, pedestrians must yield to oncoming vehicles if they attempt to cross the road outside a crosswalk (unless they have already safely stepped onto the road).
- If the “Don’t Walk” signal flashes, pedestrians should not start crossing the road. However, drivers must stop and wait for pedestrians already crossing to finish doing so.
Can You Be Ticketed for Jaywalking in Georgia?
If you fail to obey traffic signals or to yield to oncoming traffic that has the right of way, you could be cited for a traffic violation and face fines, depending on where the incident occurred.
In addition to state law penalties, you may be subject to fines for violating a municipal ordinance. The amount of these fines varies from one Georgia community to another.
Will a Motorist Always Be Considered At Fault in a Jaywalking Accident?
No, the driver is not always found at fault when pedestrian accidents occur. The allocation of fault in a pedestrian accident case depends on the circumstances. You could still pursue compensation for your injuries and losses under Georgia’s modified comparative negligence standard even if you share some blame.
Under Georgia law, you can seek compensation in a personal injury claim after a car accident even if you were partially at fault. However, your award will be reduced based on the percentage of fault assigned to you.
For example, if you are 20 percent at fault for a pedestrian accident, your compensation would be reduced by 20 percent. However, if you are 50 percent or more at fault for the accident, you are barred from recovering any money.
Before a pedestrian accident lawsuit reaches trial, insurance companies may assert that you are at least 50 percent at fault for the accident, so they can avoid paying you anything. So, it is crucial to consult with an experienced pedestrian accident attorney as soon as possible after an accident.
At Bayuk Pratt, your attorney will work hard to build a robust case on your behalf, including developing defenses against insurance companies’ strategies to dispute claims and justify low settlement offers. Our founding attorneys once represented insurance companies. They know their common tactics and how to counter them.
What Can a Pedestrian Do To Keep Themselves Safe?
In some situations, pedestrians cannot avoid accidents. For instance, a pedestrian cannot stop a driver from racing through a red light, failing to pay attention, or driving so fast that they cannot safely slow down to avoid a collision.
Still, when you are walking on or near the road in Georgia, you will reduce the risk of a crash by taking the following precautions:
- Always use the sidewalk when available.
- Only cross the road at a designated crosswalk.
- Obey traffic signals and signs.
If you run or walk along busy streets, wear brightly colored clothing or reflective gear so drivers can see you. By keeping a proper lookout for oncoming traffic at all times and following the road rules, you will reduce the risk of suffering a pedestrian injury.
Contact a Georgia Pedestrian Accident Lawyer
Let our Atlanta personal injury lawyers at Bayuk Pratt explain your legal options and discuss whether you should consider a personal injury lawsuit. We offer over 50 years of combined legal experience and a record of success, including recovering over $300 million on behalf of our clients.
While past results do not guarantee future outcomes, our case results show our experience guiding injured pedestrians and others through the personal injury claims process.
As former high-stakes defense attorneys, we’re very familiar with insurance companies’ tactics to minimize claims, and we know how to fight back. Our battle-tested Atlanta personal injury attorneys are relentless in our pursuit of results for accident victims.
Contact us today to speak to an Atlanta pedestrian accident attorney about the specific facts of your case in a free consultation.
