Get the Help You Need

- Auto Accidents
- Workers’ Compensation
- Social Security (SSDI/SSI)
- Bankruptcy

Proving fault in a car accident with a pedestrian

On Behalf of | Oct 31, 2018 | Western Georgia Personal Injury

Car accidents involving pedestrians can be devastating. Injuries are often severe and life-altering. In such cases, pedestrians will often take legal action seek compensation for their pain and suffering.

While such lawsuits can frequently be successful, a driver’s guilt in such cases is not a foregone conclusion. It’s important to understand the different traffic laws affecting drivers and pedestrians, which can play a major role in determining fault in such accidents.

Driver fault

Georgia law stipulates that a driver must stop for a pedestrian at any crosswalk if:

  • The pedestrian is on the driver’s half of the road–i.e., the side of the road on which the car is driving or turning–or
  • The pedestrian is approaching the driver’s half of the road from the opposite side and is less than one lane away from the driver’s half of the road.

In addition, if a driver stops to allow a pedestrian to cross the street at any crosswalk or intersection, it is unlawful for another driver to pass that driver.

Pedestrian fault

Under Georgia law, a pedestrian must yield to vehicle traffic whenever they are crossing the street and:

  • Not at a marked or unmarked crosswalk,
  • Not at an intersection or
  • On a street for which there is a separate pedestrian tunnel or overpass.

A judge could also find a pedestrian to be wholly or partially at fault in an accident for:

  • Jaywalking,
  • Failing to follow traffic signals,
  • Stepping into the road in front of a moving vehicle without warning,
  • Walking in a pedestrian-prohibited area or
  • Walking in the street while intoxicated.

Due to all of the factors that go into assessing fault in traffic collisions with pedestrians, it’s important to seek the help of an experienced personal injury attorney who can build a strong argument for your full compensation. 

Our office has successfully handled many of these types of claims are are standing by to help you also.  If you or a loved one has been seriously injured due to someone else’s reckless driving, you may be suffering from physical and psychological trauma. Our experienced personal injury attorneys can help you claim the full compensation you deserve. 

I Attorneys

Office Location

Van Pelt & Dufour Law Firm
527 Newnan Street
Carrollton, GA 30117

Phone: 770-884-6854

Carrollton Law Office
Email Us