Posted on Tuesday, February 18th, 2025 at 8:00 am
Car accidents involving pedestrians are often assumed to be the driver’s fault. However, there are instances when a pedestrian’s actions can directly cause or contribute to an accident. For a pedestrian to be at fault for a car accident in Georgia, they must have acted in a way that put the safety of the other parties at risk where the driver could not reasonably avoid a collision. Some pedestrians are wrongfully blamed, while others might share liability in the matter.
Liability in car accidents involving pedestrians is a complicated issue, and you should seek help from a pedestrian accident attorney in Georgia. Our legal team at Jonathan R. Brockman, P.C. can assess situations when a pedestrian may be at fault and clarify your legal rights and options.
Scenarios a Pedestrian Can Be at Fault in a Georgia Car Accident
Georgia law generally gives pedestrians the right of way in most scenarios. The law also imposes specific responsibilities on pedestrians to ensure safety. When a pedestrian violates these responsibilities, they may be held at fault for an accident. Here are some common situations where a pedestrian can be at fault:
Jaywalking
Georgia has no specific law regarding jaywalking. However, crossing the road outside of designated crosswalks or against traffic signals is usually considered negligence in traffic crashes involving pedestrians.
Georgia law requires pedestrians to use marked crosswalks and obey traffic signals. When a pedestrian disregards these rules, drivers may not have enough time to react, leading to accidents.
Darting into Traffic
Pedestrians who suddenly step into the path of a vehicle, especially in areas where they are not expected, can cause accidents. Drivers have limited reaction times, and sudden movements by pedestrians can lead to dangerous collisions.
Walking While Distracted
According to a recent study, the leading distraction for pedestrians is the use of headphones. Inattentive pedestrians lack awareness of immediate situations and are unable to respond to sudden obstacles. Failure to notice oncoming vehicles or traffic signals can result in accidents for which the pedestrian may be liable.
Impairment
Just as drivers can be impaired, pedestrians under the influence of drugs or alcohol may act unpredictably, putting themselves and others at risk of drunk driving crashes. Impaired pedestrians may fail to follow traffic laws, leading to avoidable accidents.
Walking on Restricted Areas
Pedestrians are prohibited from walking on highways or other restricted zones where foot traffic is not allowed. Ignoring these restrictions creates hazardous situations for both pedestrians and drivers.
Seeking Compensation for Pedestrian Injuries
When a pedestrian shares blame, it can be challenging, though not always impossible, for the pedestrian to pursue full damages through a personal injury lawsuit or insurance claim.
Georgia adopts a modified comparative fault system in handling instances of shared fault. This mandates that if a pedestrian is found to share responsibility for the crash, they may still pursue and secure financial recovery, so long as they were less than 50% responsible. However, their recovery will reduce proportionately to their level of fault.
Call Jonathan R. Brockman, P.C., for a Free Consultation
Have you been involved in a car accident where a pedestrian’s actions are in question? In such situations, engage a Georgia pedestrian accident lawyer to investigate the factors of the crash and determine the pedestrian’s fault and their level of fault.
The legal team at Jonathan R. Brockman, P.C., has over seven decades of combined experience handling personal injury cases in Georgia. We will evaluate your case, explain your legal options, and help you secure a fair settlement.
Call us today at 770-205-8887 to schedule a free case review.