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Pedestrian Accidents: Who Is Liable in Georgia?

Pedestrian Accidents Concept
Written By: Michael W. Horst
Michael is a premier personal injury lawyer and managing partner at Horst Shewmaker, LLC, serving Alpharetta, GA and the surrounding areas. Practicing since 2001, Michael is known for his empathetic and professional approach to working with accident victims. He has been a Georgia Super Lawyerยฎ since 2016.

Pedestrian Accidents in Georgia: Understanding Liability

At Horst Shewmaker, our focus is on helping injury victims across Georgia recover the compensation they deserve. With more than 30 years of combined experience and over $30 million recovered for clients, our attorneys handle cases involving car accidents, pedestrian accidents, wrongful death, and other serious injuries. Clients work directly with experienced lawyers, not case managers, ensuring personal attention and strong legal support at every stage. Our mission is to fight for justice and deliver fair results for those harmed by negligence.

Pedestrian accidents in Georgia are a growing concern, with traffic crashes leading to serious injuries and fatalities across the state. Busy streets, unsafe intersections, and impaired driving place pedestrians at constant risk. Georgia traffic laws outline clear responsibilities for both drivers and pedestrians, yet negligence on either side can result in devastating outcomes.

Knowing who is liable in these accidents is critical for victims and families seeking financial recovery. An experienced Alpharetta car accident lawyer can provide the support needed to review fault, handle insurance challenges, and guide residents through the legal process.

Pedestrian Crossing

The Scope of Pedestrian Accidents in Georgia

Pedestrian accidents in Georgia affect large numbers of people each year. These crashes bring serious pedestrian injuries and fatalities across communities and cities in the Peach State.

Rising Traffic Fatalities

The Governors Highway Safety Association reports steady increases in traffic fatalities across the country, and Georgia reflects this trend. Many of these deaths involve pedestrians who are struck while walking near streets, crosswalks, or intersections. Drivers and pedestrians often share these busy spaces, and accidents happen when traffic laws are ignored or safety awareness is low.

Common Locations of Pedestrian Accidents

Most crashes occur in cities like Atlanta, where traffic volume is high and sidewalks or crosswalks are not always maintained. Intersections are a leading point of risk because drivers may fail to yield or pedestrians may cross without enough time. Poor lighting, limited infrastructure, and impaired drivers increase the danger.

Human and Financial Costs

Lives are lost each year in Georgia to these crashes. Families face the sudden loss of loved ones, and survivors often suffer long-term pedestrian injuries. Financial recovery is difficult, as medical bills, lost wages, and property costs place heavy burdens on residents. A car accident attorney helps review liability and support victims who are unable to cover expenses on their own.

Why Awareness Matters

Pedestrian accidents are preventable. Awareness, safe driving, and improved infrastructure reduce fatalities. Georgia residents must understand the risks, follow traffic laws, and support safety initiatives from the governor and transportation authorities. These steps save lives and strengthen communities across the state.

Georgiaโ€™s Traffic Laws Governing Pedestrians and Drivers

Georgia traffic laws set clear rules for both drivers and pedestrians. These laws are meant to reduce traffic crashes, improve safety, and lower fatalities on streets and intersections across the state.

Pedestrian Right of Way

Under Georgia law, pedestrians have the right of way in marked crosswalks and at intersections. Drivers must stop and allow pedestrians enough time to cross safely. Failure to yield often leads to serious pedestrian injuries and, in some instances, fatalities. Pedestrians, however, cannot step suddenly into the path of a car when the driver has no chance to respond.

Responsibilities of Drivers

Drivers must maintain awareness on roads, sidewalks, and intersections. Georgia rules require drivers to obey signals, stop at crosswalks, and avoid distractions such as phones. Driving under the influence of alcohol or drugs increases the risk of crashes and is a leading cause of pedestrian deaths in the Peach State.

Responsibilities of Pedestrians

Pedestrians must also follow traffic laws. They are required to use crosswalks where available, obey traffic signals, and avoid crossing between cars in busy streets. Walking while impaired or distracted increases risk and can make a pedestrian partly liable in a car accident.

Shared Duty of Care

Both drivers and pedestrians share responsibility for safety. Georgia law holds each party accountable when negligence leads to crashes. Awareness of traffic rules and consistent respect for right of way reduces accidents, injuries, and fatalities across Georgia communities.

Determining Liability in Pedestrian Accidents

Liability in pedestrian accidents in Georgia depends on negligence, traffic laws, and the facts of each crash. Both drivers and pedestrians may be found at fault.

Driver Liability

Drivers are often liable when they ignore traffic laws or fail to maintain awareness. Common examples include speeding, distracted driving, running red lights, or failing to yield at crosswalks. In these instances, a driverโ€™s negligence creates danger and places pedestrians at high risk of injury or death.

Pedestrian Liability

Pedestrians may also be found liable if they break safety rules. This includes crossing streets outside crosswalks, ignoring signals, or entering traffic without enough time for a driver to respond. Walking while impaired by alcohol or drugs further increases risk and can shift responsibility onto the pedestrian.

Shared Fault in Georgia

Georgia follows a modified comparative negligence rule. If a pedestrian is 50 percent or more at fault, they cannot recover financial damages. If the pedestrian is less than 50 percent responsible, they may still recover money, but the award is reduced by their share of fault. This rule applies across the state in both injury and fatality cases.

Other Liable Parties

In some crashes, liability may extend to other parties. Poorly maintained crosswalks, broken signals, or unsafe sidewalks may place responsibility on a city or district. Property owners who block paths or sidewalks may also be liable. Reviewing these instances often requires legal support from a car accident lawyer to ensure all responsible parties are identified.

Pedestrian Accident

Common Causes and Risk Factors

Pedestrian accidents in Georgia often result from a combination of driver behavior, pedestrian actions, and unsafe infrastructure. Recognizing these causes helps reduce crashes and fatalities.

Dangerous Intersections and Streets

Many pedestrian crashes occur at busy intersections and poorly designed streets. Lack of crosswalks, broken signals, and limited sidewalks increase risk. Cities with large numbers of residents, such as Atlanta, see higher rates of pedestrian injuries because infrastructure cannot always handle traffic volume.

Speed and Distraction

Speeding is a leading cause of pedestrian deaths in Georgia. A driver moving too fast cannot stop in time to avoid hitting a pedestrian. Distraction from phones, in-car screens, or other activities further reduces reaction time. These factors often combine, creating a dangerous situation on Georgia roads.

Alcohol and Impairment

Driving under the influence of alcohol or drugs is a major cause of traffic crashes involving pedestrians. Pedestrians walking while impaired also face higher risk because they may cross without enough time or fail to notice cars. Impairment on either side increases fatalities and damages communities across the state.

Nighttime and Low Visibility

A large number of pedestrian accidents happen at night. Poor lighting, dark clothing, and limited visibility make it difficult for drivers to see pedestrians. Crashes in these conditions are often severe and more likely to be fatal.

Shared Negligence

In many instances, both drivers and pedestrians share some fault. A distracted driver may strike a pedestrian who was crossing outside a crosswalk. These shared negligence cases highlight the need for awareness and respect of traffic laws to prevent further injuries and deaths in Georgia.

Financial Recovery After a Pedestrian Accident

Pedestrian accidents often leave victims facing heavy financial burdens. Georgia law allows injured pedestrians and families of those killed to pursue compensation from the parties found liable.

Types of Compensation

Financial recovery may include payment for medical bills, rehabilitation, and prescription costs. Victims may also seek damages for lost wages, reduced earning ability, and property damage. In fatality cases, families may recover compensation for funeral expenses and the loss of support.

Insurance Challenges

Insurance companies review fault carefully in pedestrian accident claims. Adjusters often try to reduce payouts by arguing that the pedestrian was partly responsible for the crash. This makes it difficult for residents to recover enough money to cover long-term pedestrian injuries or losses without legal support.

Role of a Car Accident Lawyer

A car accident attorney helps victims understand liability, gather evidence, and negotiate with insurers. Legal support increases the chances of receiving fair compensation. Attorneys also help review other parties who may share responsibility, such as cities with unsafe infrastructure.

Importance of Legal Action

Taking legal action after a pedestrian accident can mean the difference between financial recovery and ongoing hardship. Victims should act quickly to protect their rights, maintain evidence, and secure a free consultation with an experienced Georgia car accident lawyer.

Georgia Car Accident Lawyer

Get Support After a Pedestrian Accident From Horst Shewmaker!

If you or a loved one has been injured in a pedestrian accident, our team at Horst Shewmaker is ready to help. We understand Georgia traffic laws and know how to hold drivers and other parties accountable for negligence. A skilled car accident lawyer from our firm can review your case, explain liability, and fight for the financial recovery you deserve.

Contact us at (404) 400-1175 for a free case consultation today!

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