You may have heard the common saying, “Pedestrians always have the right-of-way.” It’s probably because of this saying that many Georgia drivers believe pedestrians can never be at fault in a car accident, but that’s not always true. Although most pedestrian-related car accidents are caused by negligence on the part of the motorist, there are circumstances where pedestrians can be at fault for accidents.
Fault In Georgia
The most crucial element for knowing if you can recover any damages for your car accident is fault. Georgia is an at-fault state, meaning you can collect compensation for the percentage of damages for which you were not responsible. However, if you are 50 percent or more responsible for the accident, you cannot claim any damages. As an example, if a driver was in an accident with a pedestrian and the pedestrian was 60 percent at-fault, the driver could collect 60 percent of the damages. If the accident was caused 50 percent by the pedestrian and 50 percent by the driver, neither party could sue for damages.
When A Pedestrian Could Be At Fault
Usually pedestrian accidents are caused by driver inattentiveness and negligent behaviors, such as using a cell phone, eating, speeding, or aggressive driving. While they won’t be able to cause as much damage as a car, a pedestrian could be considered negligent and at fault for an accident if they can be proven to have acted without reasonable care for their own safety. The following could be considered negligent behavior on the part of a pedestrian:
● Walking or running into traffic
● Not using designated crosswalks/jaywalking
● Failing to pay attention while using cell phone, playing music, etc.
● Crossing during a “don’t walk” signal
Pedestrians are also more likely to be involved in accidents if they are intoxicated. According to the National Highway Traffic Administration, 34 percent of pedestrian crash victims had blood alcohol levels of 0.08 g/dL or more.
What To Do If You Are In A Pedestrian Crash
If you are driving and are in an accident with a pedestrian it is very important that you take the proper steps in the aftermath. Regardless of whether you believe the accident was the fault of the pedestrian or your own, stop the car and check for injuries. Make sure to provide aid to the pedestrian if necessary. Gather any evidence, through photographs, and exchange information with all parties involved in the accident. Report the accident and cooperate with appropriate law enforcement. You should report the accident to your insurance company. Because hitting a pedestrian can be punishable both civilly and criminally, it is important to speak to an attorney about your options.
Contact An Attorney For Help With Your Car Accident
Vehicle-pedestrian accidents can lead to devastating injuries, regardless of who was at fault in the accident. If you’ve been involved in a pedestrian crash in Cobb County, either as a driver or as a pedestrian, it’s important to speak to an attorney regarding your rights. Contact Williams Elleby Howard & Easter to speak to an experienced car accident attorney who can help you with your case in Marietta, Cobb County, Atlanta, and anywhere in Georgia. 833-LEGALGA
