Who’s Liable for My Pedestrian Accident in Atlanta?

pedestrian accident

Pedestrian accidents are a huge cause of concern for many people living in Atlanta.  Like motorcyclists, pedestrians are highly likely to get knocked over by a moving vehicle. When that happens, the victims can suffer severe injuries and in extreme cases, lose their lives. So, while it’s very relaxing to take a walk down the road, it can be precarious too.

If you are a victim of an Atlanta pedestrian accident, you can and should get adequate compensation for your injuries. However, to do that, you would first seek professional help from a qualified Atlanta pedestrian accident attorney. You will also need to determine who was at fault in the accident. That’s because Georgia is a fault state and whoever causes an accident is liable to pay damages.

Unfortunately, it’s not always easy to determine fault in pedestrian accidents as many factors may be responsible for the crash. We’ve discussed those factors in this article. However, to be sure of who’s liable in your case, it’s always wise to verify from a personal injury lawyer.

What Are the Major Causes of Atlanta’s Pedestrian Accidents?

The following factors significantly increase the risk of pedestrian accidents in Atlanta, Georgia:

  • Urban and Suburban Areas

Pedestrian accidents are more likely to happen in urban areas than rural ones. One primary reason for that is the high population concentration in urban communities.

  • Low Visibility or Poor Lighting Conditions 

To keep safe on the highway, you must be able to see your surroundings clearly. That’s why pedestrian accidents may occur more at night than in the day.

  • High HorsePower Vehicles and SUVs

High horsepower cars have great speed and powerful engines. So, apart from being more likely to hit a pedestrian, they can cause severe, life-threatening injuries too. Also, according to a report, SUVs are more likely to kill a pedestrian than cars.

  • Busy Roads 

It’s a well-known fact that the busier a road is, the more likely traffic crashes will be.

  • Open Roads and at Non-Intersection Locations 

According to the CDC, pedestrian accidents are more likely to happen outside of intersections. However, many such accidents happen on open roads too.

When Is a Driver At-Fault in an Auto-Pedestrian Crash?

In pedestrian accidents, the vehicle driver is almost always at fault. That’s because drivers have a duty of care to use the roads in a manner that guarantees pedestrian safety. According to Georgia Statute §40-6-93,  “Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, shall give warning by sounding his horn when necessary, and shall exercise proper precautions upon observing any child or any obviously confused, incapacitated, or intoxicated person.” Unfortunately, most times, pedestrian-vehicle collisions happen because the motorist wasn’t driving carefully.

In summary, Atlanta drivers would be liable for a pedestrian accident if they drove negligently or recklessly on the r0ad. Such negligent behaviors include:

  • Drinking and driving
  • Speeding
  • Distracted driving
  • Failure to yield the right of way to pedestrians
  • Refusal to halt at crosswalks and intersections
  • Disobeying any traffic rule or regulation

Also, motorists in Atlanta must never forget that:

  • Pedestrians almost always have the right of way. As such, they must yield to pedestrians when it is necessary to do so.
  • When driving into garages, parking lots, and driveways, they must watch out for pedestrians and yield to them.
  • A driver’s duty of care also extends to cases where the pedestrian is using the road illegally.

Can a Pedestrian Be Liable for an Auto Accident?

While drivers have a huge responsibility to ensure pedestrian safety, pedestrians can also cause accidents in some cases. They may be liable for an accident by doing the following:

  • Running into the road suddenly and without any warning
  • Walking in prohibited areas
  • Disregarding traffic signals
  • Jaywalking (disregarding a designated crosswalk while crossing a street)
  • Texting or making phone calls while walking on the road
  • Walking with headphones at high volumes
  • Walking on the road while under the effect of alcohol or drugs

When pedestrians cause an accident, the crash victims can pursue a personal injury claim against them. Depending on the specifics of each case, such an at-fault pedestrian may not be able to recover any compensation.

Find the Best Personal Injury Attorneys at The Weinstein Firm Today!

As an innocent driver or pedestrian in a traffic crash, you may suffer serious bodily injuries and psychological trauma. Many times, you may also suffer property loss or damage. In such cases, you’ll need ample compensation to cover your injuries and losses. If you are in Atlanta, our injury attorneys at The Weinstein Firm can help you get damages. Schedule a free consultation with us immediately.

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