In a bustling city like Atlanta, pedestrians often share the road with a high volume of vehicles, making crosswalk safety a critical concern. Pedestrian collisions can result in severe injuries and leave victims with mounting medical bills and lost wages.
Understanding Atlanta’s pedestrian crosswalk laws is essential for injured pedestrians seeking compensation and clarity on liability. Here, our Georgia personal injury attorneys at Ashby Thelen Lowry explain essential crosswalk laws, explore who may be liable in pedestrian crashes, and discuss how we can help injured pedestrians navigate their legal options.
Understanding Atlanta’s Pedestrian Crosswalk Laws
Georgia state law provides specific rules to protect pedestrians and clarify the responsibilities of both drivers and walkers.
In Atlanta, pedestrian crosswalk laws include:
- Right-of-Way in Marked Crosswalks: Drivers must yield to pedestrians in marked crosswalks. If a pedestrian has entered a crosswalk, vehicles must stop and allow the pedestrian to cross safely.
- Unmarked Crosswalks at Intersections: Even if a crosswalk isn’t marked, pedestrians still have the right of way at most intersections. Drivers should approach intersections carefully and be prepared to yield to pedestrians crossing the street.
- Yielding at Signalized Crosswalks: When traffic signals control a crosswalk, pedestrians must follow the traffic signals. For example, pedestrians should only cross when the “walk” signal is on and avoid entering the crosswalk during a red light or “do not walk” signal.
- Pedestrian Responsibilities: Pedestrians are also responsible for following traffic rules. They must not suddenly step into the path of a vehicle when it is too close to stop safely. Additionally, crossing outside designated crosswalks or jaywalking can impact liability in a case.
These laws aim to reduce the risk of pedestrian crashes by ensuring that drivers and pedestrians adhere to safe practices at crosswalks and intersections.
Determining Liability in Georgia Pedestrian Collisions
Determining who is liable for a pedestrian crash in Georgia can be complex. Liability typically depends on whether the driver or the pedestrian violated traffic laws.
Some common factors that influence liability include:
- Driver Negligence: If a driver was speeding, distracted, impaired, or failed to yield to a pedestrian in a crosswalk, they may be considered negligent and therefore liable for the crash.
- Pedestrian Negligence: If a pedestrian crosses the street illegally, ignores traffic signals, or steps into traffic without allowing sufficient time for a vehicle to stop, they may share liability.
- Shared Fault: In Georgia, pedestrian collisions may involve comparative negligence. If the driver and pedestrian share fault, Georgia law allows the injured party to recover damages if they are less than 50% at fault. However, the injured party’s percentage of fault will reduce the total compensation.
Liability in pedestrian crashes is often determined through an investigation of the circumstances of the incident. Witness statements, traffic camera footage, and crash reports are all essential in assessing fault.
Types of Compensation Available to Injured Pedestrians in Georgia
Injured pedestrians in Atlanta may be entitled to various forms of compensation, depending on the extent of their injuries and the circumstances of the incident.
Common types of compensation in pedestrian collision cases include:
- Medical Expenses: Compensation for hospital stays, surgeries, rehabilitation, medications, and any ongoing medical care related to the injuries.
- Lost Wages: If the injury prevents the pedestrian from working, they may be entitled to compensation for lost income, both past and future, if the injury affects their ability to work long-term.
- Pain and Suffering: Non-economic damages to account for the physical pain, emotional distress, and reduced quality of life caused by the crash.
- Rehabilitation and Therapy: Costs related to physical therapy, counseling, and other rehabilitative services needed for recovery.
In Georgia, the at-fault driver’s auto insurance typically covers the damages in a pedestrian collision. However, securing compensation can be challenging, as insurance companies may attempt to minimize payouts. Insurance adjusters may argue that the pedestrian was partially at fault or try to dispute the extent of the injuries. Our attorneys can handle negotiations with the insurance company to ensure fair compensation and protect the rights of the injured pedestrian.
Additionally, if the driver is uninsured or underinsured, the pedestrian’s auto insurance policy may offer coverage through uninsured/underinsured motorist (UM/UIM) protection. This coverage can help bridge the gap if the at-fault driver’s insurance is insufficient to cover the full extent of the damages.
How Our Atlanta Personal Injury Attorneys at Ashby Thelen Lowry Can Help
At Ashby Thelen Lowry, our Atlanta personal injury lawyers understand that a pedestrian collision can turn your life upside down. Whether you need support in determining fault or assistance with the claims process, we’re here to guide you every step of the way. If you or a loved one has been injured in a pedestrian collision in Atlanta, contact us for a free consultation. We’re ready to fight for your rights and help you confidently move forward.
Pedestrian crosswalk laws are designed to keep Atlanta’s roads safe for everyone. Understanding these laws and your rights is the first step toward justice if you’ve been injured. Let us advocate for securing the compensation you deserve and holding the responsible parties accountable.