On the morning of December 12, 2017, 60-year old Hubert Herring was killed when he was struck by a Brooks County Sheriff’s Office patrol car in Boston, Georgia. It was reported that Herring was attempting to cross the eastbound lane of traffic when he walked in front of the patrol car. Eyewitnesses to the accident reported that the driver of the car had almost no time to react before the collision occurred.
Pedestrian Accidents
Pedestrian accidents happen frequently in the United States, including in Georgia. These types of accidents occur in large cities, small towns, and rural areas alike. According to the National Highway Traffic Safety Administration (NHTSA), there were roughly 70,000 pedestrians injured and 5,376 killed in traffic accidents in the United States in 2015. This means that, on average, a pedestrian is killed every two hours and injured every seven minutes in traffic crashes in the United States in 2015.
Statistics gathered by the NHTSA show that approximately 74% of pedestrian accidents occur at night, nearly 15% of pedestrian accidents involve children, and that alcohol is a factor in nearly half of all pedestrian fatalities. When pedestrians are struck by negligent drivers, they are entitled to compensation for whatever harm they have suffered. In fatal accident cases, a victim’s family can bring a wrongful death action.
However, compensation from the driver involved is not guaranteed merely because an accident occurred. Pedestrians, just like auto drivers, have a duty to adhere to certain rules of the road. For a pedestrian to win a personal injury claim against a driver, they must prove not only that the driver was negligent, but also the driver’s negligence as the cause of the accident.
The Georgia “Rules of the Road” Governing Pedestrian Accidents
Auto drivers and pedestrians each have a duty to act with reasonable care when using roadways. When Driver or pedestrians violate rules of the road, they are presumed negligent. This means that if an accident occurs, they will be presumed to be negligent and may owe the other party compensation.
Common causes of pedestrian accidents that are the result of driver negligence are speeding, distracted driving, failing to yield the right of way to a pedestrian in a crosswalk, running a stop light or stop sign, failing to use a turn signal at a right-hand turn, and of course DWI/DUI. Even when drivers are otherwise adhering to these rules of the road, they also have a duty to exercise due care to avoid colliding with a pedestrian in all circumstances.
Although the overall focus of Georgia traffic laws, which are found in Title 40 of the Official Code of Georgia, is on regulating auto drivers, Georgia law has also recognized that there is also a strong public safety interest in regulating pedestrian conduct. Georgia law contains specific rules of the road that apply to pedestrians on all Georgia roadways. Title 40 Chapter 6 Sections 90-99 outline the rights and duties of pedestrians.
Major rules of the road that all Georgia pedestrians should be aware of are:
• Just like drivers must obey traffic lights and traffic regulations, pedestrians also must obey traffic control devices and traffic regulations. § 40-6-90.
• Pedestrians have the right of way only when walking across a crosswalk. When pedestrians cross a roadway at a place other than a crosswalk, vehicles have the right of way. § 40-6-92.
• Georgia law also holds 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.” § 40-6-91.
• A pedestrian may not walk upon a roadway when they are intoxicated “to a degree which renders him a hazard.” § 40-6-95.
• Pedestrians should generally avoid walking upon a roadway when a sidewalk is provided. § 40-6-96.
For More Information, Contact Williams Elleby Howard & Easter
Pedestrian accidents can raise complex legal questions and the issue of liability is often hotly contested. If you or a loved one has been injured in a pedestrian accident, the experienced personal injury attorneys at Williams Elleby Howard & Easter, can help you understand your legal rights and options. Williams Elleby Howard & Easter, is dedicated to helping victims get the compensation they deserve. Call 833-LEGALGA today to schedule a free consultation.
