Two children were reportedly hit by a pick-up truck while walking to school in Hahira, Georgia, on the morning of October 19, 2017. The children, a brother and a sister, ages 12 and 11, respectively, were transported by a Life Flight helicopter to South Georgia Medical Center in Valdosta. The sister was then airlifted to a hospital in Tallahassee with serious injuries. The accident is still being investigated, but the Georgia State Patrol has indicated that speed was not a factor and no criminal charges are expected in the case.
Pedestrian Accidents in Georgia
Pedestrians and vehicle drivers each have a duty to act with reasonable care. When either pedestrians or drivers violate a Georgia Rule of the Road, they are presumed to have breached this duty. Driver negligence is a common cause of pedestrian accidents, and includes things like:
• Speeding;
• Texting or engaging in other distracting activities while driving;
• Failing to yield when a pedestrian is using a crosswalk;
• Running a stop light or stop sign;
• Failing to use a turn signal; and
• DWI/DUI.
However, accidents are frequently caused by pedestrian negligence as well. Pedestrians should be aware of the Georgia traffic rules governing pedestrians. Parents and guardians should make sure children understand these rules before letting them walk along roadways.
Many people erroneously believe that pedestrians always have the right of way. But in most scenarios pedestrians only have the right of way when they are using a crosswalk. When pedestrians cross a roadway at any other place, they normally have a duty to yield to vehicles. There are a few exceptions to this rule that involve situations where no crosswalk is available. This does not, of course, mean that a driver has no duty to avoid hitting a pedestrian that crosses a road at a point other than a crosswalk, but it does mean that if an accident occurs the pedestrian will be presumed negligent.
Another important provision is found in §40-6-91(b) of the Official Code of Georgia. This law states that “no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield.” Pedestrians should also generally avoid walking along a roadway when there is a sidewalk provided, and should not walk upon a roadway when they are intoxicated.
If You or a Loved One Has Been Injured in a Pedestrian Accident, Contact Williams Elleby Howard & Easter, to Discuss Your Case Today
Pedestrian accidents can cause devastating harm. If you or a loved one has been injured due the negligence of someone else, it is imperative that you are aware of your legal rights and options. Victims of personal injuries caused by someone else’s wrongful conduct deserve compensation. These cases can be complicated, and winning claims often requires qualified legal assistance.
The experienced Kennesaw Car Accident Attorneys at Williams Elleby Howard & Easter, understand pedestrian accident law and are dedicated to getting accident victims the compensation they deserve. When insurance companies do not treat pedestrians fairly, our attorneys are ready and able to take the case to trial just as we did earlier this year in Newton County where we secured a $366,000.00 verdict for our client:
Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and serves clients throughout the state. To discuss your case, call 833-LEGALGA today.
