Car Runs Over Stab Victim on Marietta Freeway
A car struck a pedestrian on Marietta Highway Wednesday, July 27 who had already suffered several stab wounds before the collision, according to Patch.com. The car accident occurred in Roswell, Georgia, east of Coleman Road. The man was lying in the middle of the roadway when the driver of a black Acura struck him. First responders transported the man, 35-year-old Lawrence Cornelius Range, to a nearby hospital, where doctors discovered that he had suffered multiple stab wounds before the car hit him.
Auto-pedestrian Accidents Kill Thousands
Dozens of pedestrians die in car accidents in Georgia every year, according to a report by the Governors Highway Safety Association. In the first six months of 2014 alone, 50 pedestrians died after a car hit them; in the first six months of 2013, this number was even higher, at 75 pedestrians dead. The states with the highest overall totals of pedestrian deaths from car collisions are New York, California, Texas and Florida. But if you look at the number of pedestrian deaths each year per 100,000 population, Georgia is 1.7—higher than New York, and almost as high as Texas. Nationwide pedestrian fatalities fell during the first decade of the millennium, but in the last few years have risen to about the same levels as 15 years ago.
Drivers are Liable for Careless Injuries to Pedestrians
In Georgia, drivers are responsible for taking reasonable care not to injure other motorists or pedestrians while they are operating a motor vehicle. If a driver fails to follow the rules of the road and their violation of the traffic laws leads to an accident or injury, the driver can be liable for money damages in a negligence lawsuit. Even if the driver is only partly at fault, or if the pedestrian or other motorist they injure has violated the rules of the road, the driver can still be partly liable for the injuries that result. However, if the driver took reasonable care in driving and the accident still occurred, they are not liable for damages since they were not negligent.
Pedestrians Must Keep Off the Freeway
According to Section 40-6-96 of the Georgia Code, pedestrians should never walk or lie in the center of a lane of a freeway. Where sidewalks are available, pedestrians must use the sidewalks, and where sidewalks are not available but there is a shoulder, pedestrians must keep to the shoulder. When there is no shoulder or sidewalk, pedestrians may walk on the furthest right part of the furthest right lane. Therefore, a pedestrian walking in the middle of a lane of traffic would be negligent in a resulting car accident.
However, here the pedestrian had suffered injuries and was lying in the middle of the lane, perhaps unconscious or incapable of movement. If the driver who struck them was in violation of the rules of the road (for example, if she had failed to illuminate her headlamps, which caused her to strike the pedestrian), she could still be liable for negligence. But if she took all available precautions and still hit the pedestrian, she would not be liable. In that case, the person who injured the pedestrian and left him lying in the street may also be liable for any damages that occurred as a result of the collision.
Get Legal Help
If you or someone you know has been involved in a car accident, you need legal advice. Get in touch with an experienced auto accident attorney at Williams Elleby Howard & Easter in Cobb County today to find out more about your options.
