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Decatur Pedestrian Accident Lawyer


Although the rules of Georgia’s roadways aim to keep pedestrians and drivers in their designated areas, often their paths cross, and significant tragedy can befall the pedestrian. When this happens, and a negligent driver injures you, you may recover financial compensation from them.

The expenses associated with a pedestrian crash can pile up quickly. Between medical bills, prescriptions, rehabilitation, and loss of income, you could face a huge financial burden following a pedestrian accident. Thus, you will need a Decatur pedestrian accident lawyer who will file a personal injury claim on your behalf. At Marks Law Group, our accident attorneys will help you prepare, research, and fight to get you the compensation you deserve. Call our injury law firm today at (404) 939-1485, or chat with us online to schedule a no-cost initial consultation.

Why Do Pedestrians Get Hit by Cars?

According to the National Highway Traffic Safety Administration (NHTSA), the primary reasons pedestrians get hit by cars include:

  • Failing to yield right of way;
  • Crossing an intersection or a roadway improperly;
  • Poor visibility;
  • Being intoxicated;
  • Standing, playing, lying, or working in a roadway;
  • Running into the roadway.

Also, pedestrians get hit by cars on the road because of distractions, such as texting, answering calls while crossing the roads. Further, physical impairment, walking the wrong way, or being on roads or highways that prohibit pedestrians are other reasons pedestrians get hit by cars. 

pedestrian crossing

Where Do Pedestrians Get Hit the Most?

60% of pedestrians get hit by cars in urban areas, and 67% get hit in rural areas. Further, 64% of pedestrian-vehicle accidents occur where no traffic control exists.

In cities, non-intersections are the highest rated places where pedestrians are hit most by cars. According to the NHTSA, in 2018, 79% of pedestrians were hit by motor vehicles in urban environments, 74% of pedestrians were involved in motor vehicle crashes on the open roads, and 25% of pedestrian-vehicle accidents happened on intersections.

What is a Negligent Pedestrian?

Often, pedestrian accidents result in serious injuries. Mostly, pedestrian crashes are caused by the negligent actions of a driver. However, sometimes the actions of the pedestrian can cause an auto accident. 

Typically, pedestrians have substantial protection when they’re in and around the roads. In most situations, motor vehicles, including motorcycles, commercial trucks, and buses, have to yield to pedestrians. Motorists are required to treat every intersection or corner as a crosswalk, whether marked or unmarked. 

Pedestrians are also required to obey all traffic signal control devices. And if there are no marked crosswalks and traffic control devices, pedestrians are required to proceed cautiously. Pedestrians shouldn’t cross the street unless traffic is clear or there is enough space between cars on the road to cross safely. 

If there are no traffic signals, drivers must stop and yield the right of way to pedestrians and must continue stopping until the pedestrian passes the lane where the vehicle is stopped. Drivers approaching a vehicle that has stopped for pedestrians to cross the roadway must not overtake or pass that vehicle. Drivers who don’t abide by Georgia pedestrian right of way laws may be charged with a misdemeanor offense and they risk facing jail time or fines. 

There are many situations where a pedestrian may be considered negligent and responsible for an accident. These include:

  • Pedestrians walking along roadways or crossing railways where there’s no visible pedestrian crosswalk or pedestrian pathway. In such cases, pedestrians are responsible for their actions, and they must recognize the risk of these negligent actions.
  • Pedestrians under the influence of alcohol or drugs might not make reasonable decisions. Drunk pedestrians are more likely to walk into traffic or fall onto the roadway. It's hard for drivers to predict the actions of drunk pedestrians. 
  • Pedestrians who ignore traffic signals or traffic laws and cross the roadway illegally may be at fault for any accident that occurs. 
  • Pedestrians who are reckless when crossing the road or when near the roadway by running across the road or wandering in and out of traffic might be at fault if a crash occurs. 

If you’re in a motor vehicle crash with a negligent pedestrian, speak with a personal injury attorney about your case as soon as possible. Often, drivers are viewed as the responsible party in a pedestrian accident, thus, negligent pedestrian accident claims require extensive investigation to determine liability. A personal injury lawyer can help you uncover evidence in these cases, including video surveillance or photos, eyewitness accounts, police reports, and more.

georgia pedestrian accident

Who is Liable When a Car Hits a Pedestrian in Atlanta?

Like any other accident in Atlanta, liability can fall on either party depending on the circumstances behind the accident. A car driver can be liable, but so does a pedestrian. The law of negligence in Georgia is used to determine fault in cases like these. This means that the party that was behaving unlawfully or recklessly is likely to carry the blame for the accident.

Common ways drivers can be at fault in an Atlanta pedestrian accident include:

  • Failing to yield to a pedestrian;
  • Failing to look out for kids playing in the street;
  • Not looking for pedestrians standing on the corner at intersections;
  • Not seeing pedestrians walking in a crosswalk;
  • Ignoring traffic lights;
  • Distracted or impaired driving; and
  • Speeding.

Essentially, those are issues that could get drivers in trouble no matter who or what they get into an accident with. 

A pedestrian is liable for a pedestrian crash that caused his or her injuries if he or she was:

  • Walking on the roadway or other areas that are unsafe for pedestrians, including areas that are marked as unsafe for pedestrians;
  • Jaywalking;
  • crossing a crosswalk when the light is red;
  • Partaking in distracted or dangerous behaviors, such as texting, or making calls when on the roadway.

Sometimes both the pedestrian and the driver may be liable for the accident. In any state, a jury needs to find what percentage if any the injured party contributed to the accident. For instance, the jury may find that a pedestrian who was jaywalking is 60% responsible, and the speeding driver that hit the pedestrian was 40% liable. In some states, the driver may be required to pay the pedestrian 40% of the pedestrian’s damages associated with the accident.

However, under Georgia’s comparative negligence laws, the injured pedestrian can recover financial damages as long as the jury or court finds that he or she is no more than 49% liable for the accident. If the jury or court finds that the pedestrian is 50% or more liable for the accident that caused their injuries, then the pedestrian can’t recover monetary damages. Thus following a pedestrian accident, it's essential to contact a pedestrian accident attorney who can help you recover fair compensation to cover your medical expenses and other damages from the accident.

The pedestrian accident lawyer at Marks Law Group have helped pedestrian accident victims in Decatur recover millions of dollars in pedestrian and personal injury claims and they can help you too.

Call a Decatur Pedestrian Accident Lawyer Today!

At Marks Law Group, we have helped many pedestrian accident victims in Decatur and throughout Georgia recover damages after sustaining injuries in a pedestrian accident. We understand how important it is to seek legal representation during this tragic time, and we have the resources and expertise to help you build a strong pedestrian accident claim. Don’t hesitate to contact our Georgia personal injury attorney today at (404) 939-1485, or chat with us online for a free initial consultation.

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