There are laws in place that define who has the right of way in Georgia. In addition, Georgia law has clear guidelines relating to jaywalking. Yet, there can be times when a pedestrian gets struck by a motorist and can seek damages in accordance with Georgia’s laws.
At John Foy & Associates, we can teach you the ins and outs of Georgia pedestrian right of way and jaywalking state laws. For more information about these laws, get in touch with our team. We can connect you with an attorney that can answer any questions you have regarding the pedestrian right of way and jaywalking state laws in Georgia.
How a Pedestrian Is Defined in Georgia
In Georgia, a pedestrian is defined as anyone that is traveling without a motorized vehicle. Pedestrians walk, jog, and run along roads across Georgia. They must keep an eye out for motor vehicles — and if they do not, they could suffer a pedestrian accident and injury.
The definition of a pedestrian is based on Georgia Code §40-6-96, which is designed to protect against pedestrian accidents. Per this code, it is illegal for a pedestrian to travel on the side of a road when a sidewalk is accessible. The code also defines instances in which it is against the law for a pedestrian to travel on, around, under, or through a bridge or railroad crossing.
If you are involved in a pedestrian accident in Georgia, consult with John Foy & Associates. Our team of attorneys can review your pedestrian accident case and help you determine if you have a valid claim. We can help you seek damages from anyone responsible for your pedestrian accident and injury.
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When a Pedestrian Has the Right of Way in Georgia
If a pedestrian is traveling in a crosswalk, a motorist is legally required to stop and let this individual cross the street. Meanwhile, if a pedestrian is blind, a motorist must yield the right of way. In this scenario, the pedestrian is accompanied by a guide dog or uses a white walking stick.
Georgia does not have a law in place regarding jaywalking. However, crossing the street outside of a crosswalk is legal in many instances, as long as a pedestrian yields to traffic. If a pedestrian ignores traffic and is struck by a motorist, it may be difficult for this individual to pursue damages in a personal injury lawsuit.
Motorists in Georgia must always follow the rules of the road. If a motorist is intoxicated, speeds, or is otherwise negligent in any other way, they can cause a pedestrian accident. When a motorist ignores the rules of the road and harms a pedestrian, they can be held financially accountable for any injuries they cause.
When a Motorist Has the Right of Way in Georgia
A motorist can strike a pedestrian but not be held responsible for the accident. Instances in which this may be the case include:
- A pedestrian steps off a curb or sidewalk. A pedestrian may suddenly step onto a roadway and get struck by a motorist that does not have enough time to stop their vehicle.
- A pedestrian crosses the road without looking. It is a pedestrian’s responsibility to look for cars before they cross the road outside of a crosswalk.
- There is an emergency. A pedestrian is required to yield the right of way to ambulances and other emergency vehicles on public roads.
Georgia motorists do not always have to yield to pedestrians. When driving near pedestrians, it is a good idea to proceed with caution. Otherwise, if you travel too close to pedestrians, there is a risk that you could cause a pedestrian accident.
How to Determine the At-Fault Party in a Pedestrian Accident in Georgia
Each pedestrian accident is different, and there are many factors that can dictate who is at fault. If you are injured in a pedestrian accident, it pays to meet with an attorney. Next, the attorney can review the facts surrounding your accident and determine who is responsible for it.
If you believe a motorist is responsible for your pedestrian accident, it is in your best interests to seek damages. You can pursue compensation for any quantifiable and subjective losses you incur due to your accident. To get damages, you will need evidence to compel the court to rule in your favor.
In a pedestrian accident case, you can use a police report, photos and videos of the accident scene, and other pieces of evidence to support your request for damages. A pedestrian accident lawyer can help you evaluate the evidence at your disposal and figure out the best way to present it in court. If your personal injury case goes to trial, your lawyer will do everything in their power to help you get the most damages possible.
When to Move Forward with a Georgia Pedestrian Accident Lawsuit
Following your pedestrian accident, go to a doctor. This allows you to treat any injuries you incurred. You can also start gathering evidence that may be used in a personal injury lawsuit.
Do not wait to meet with a pedestrian accident lawyer in Georgia. You have up to two years from the date of your pedestrian accident and injury to request damages from an at-fault party in Georgia. If you choose not to file a personal injury lawsuit during this period, you lose the right to do so at a later date.
When you meet with a pedestrian accident attorney in Georgia, ask questions and get the insights you need to make an informed decision. If you feel confident in an attorney’s ability to protect your legal rights, hire this lawyer. Then, you and your attorney can work together to build a compelling argument.
Get Started with a Georgia Pedestrian Accident Lawyer
The team at John Foy & Associates can help you navigate the ins and outs of the legal process. For more information or to request a free consultation with a Georgia pedestrian accident lawyer, please contact us today.