Pedestrian Accident Lawyer in Stone Mountain GA

U.S. pedestrian deaths have reached an all-time high. Some pedestrian fatalities are caused by driver fault, including distracted or reckless driving. However, at times, the pedestrians themselves are at fault. With nothing to protect them, pedestrians often suffer serious injuries when they have a collision with a vehicle, motorcycle, or bicycle. If you get injured due to a driver’s negligence, a personal injury attorney in Stone Mountain, GA, can help you secure compensation through a personal injury claim.

Georgia Law for Pedestrians

The following overview of Georgia’s laws for pedestrians will help you understand how these accidents occur and what a pedestrian accident attorney in Stone Mountain can do to help victims recover compensation.

Right of Way at Crosswalks

A crosswalk is any portion of the roadways with lines or markings indicating a path for pedestrian crossing. Pedestrians always have the right of way at crosswalks. They can maximize their safety by using designated walking areas like footpaths along the road and crosswalks. In Georgia, jaywalking is when a pedestrian walks outside a marked crosswalk. However, a pedestrian can cross a roadway with no crosswalk as long as they yield to oncoming traffic. Ignoring crosswalk laws and oncoming traffic to cross an intersection is illegal.

According to O.C.G.A § 40-6-90

A. Pedestrians must obey the instructions of traffic control devices or the traffic police.
B. All pedestrians shall be subject to traffic laws.

According to O.C.G.A § 40-6-91

A. A driver should yield to any pedestrian that has crossed half of the roadway or has crossed to one lane of the half of the roadway on which the motor vehicle is turning or traveling.
B. No pedestrian is allowed to leave the curb and run or walk into the path of a vehicle that cannot stop in time to yield to them.
C. If a vehicle has stopped to give right of way to pedestrians at a marked or unmarked crossway, any other vehicle coming from the rear of the first vehicle cannot overtake or pass it.

According to O.C.G.A § 40-6-92

A. Unless a pedestrian has entered the roadway, they must stop and yield to all vehicles on unmarked crosswalks at intersections and on marked crosswalks on other roadways.
B. If an overhead crossing or pedestrian tunnel is present on a roadway and the pedestrian doesn’t use it, they’re required to yield to the oncoming traffic.
C. Pedestrians aren’t permitted to cross at any place other than crosswalks between adjacent intersections controlled by traffic signals.
D. Unless the traffic control device or a traffic control officer authorizes it, no pedestrian is permitted to cross a roadway intersection.
E. Subsection (a) of Code O.C.G.A § 40-6-91 doesn’t apply to the conditions of subsection (b) of this Code.

The laws for pedestrians in Stone Mountain, GA, are complex. For more information, contact an experienced personal injury attorney.

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Statistics for pedestrian accidents in Georgia

In 2019, 60% of all pedestrian accidents in Georgia occurred in the Atlanta area.
Around 79% of pedestrian fatalities in Georgia in 2019 occurred in places other than intersections.
Pedestrian accident fatalities increased by 4% from 2019 to 2020.
7,3888 pedestrian fatalities were recorded nationwide in 2021, with more than 60,000 pedestrian injuries.

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Common causes of pedestrian accidents in Stone Mountain, GA

The following are some of the most common reasons for pedestrian accidents in the Stone Mountain area and elsewhere in Georgia.

Speeding

Most of the accidents caused by speeding motorists occur at intersections. If pedestrians are involved in such a situation, they can suffer severe injuries, some of which can lead to wrongful death. Negligent drivers who run red lights or stop signs while speeding are one major cause of pedestrian accidents.

Distracted driving

A person distracted by their phone while driving can take up to 27 seconds to regain complete focus on the road. If a distracted driver closes in on a crosswalk, it could result in a devastating pedestrian accident. In Georgia, it’s illegal for motorists to use their phones even at red lights. Despite such strict traffic laws, pedestrian accidents caused by distracted drivers happen regularly.

Drunk driving

Intoxicated drivers are a threat to every road user, especially pedestrians. Alcohol or drug intoxication can significantly reduce a motorist’s ability to react to sudden changes on the road, resulting in an accident.

Unmarked crosswalks

Unmarked crosswalks are another frequent cause of pedestrian accidents. Signaled crosswalks can reduce the risk of serious accidents. Clearly marked crosswalks are crucial, as drivers are less likely to yield to pedestrians at unmarked crosswalks.

Establishing fault for a pedestrian car accident

If the driver or pedestrian doesn’t take reasonable action to prevent the accident, either party can be liable for it. A pedestrian accident lawyer in Stone Mountain will assess the facts of the case to establish fault. One piece of evidence that can help is the police report, which may include witness statements and other evidence that can help an attorney determine whether the pedestrian or the driver broke the law and caused the accident. Georgia is one of the states that follow the comparative negligence rule. This rule implies that both the pedestrian and the motorist could share fault in the accident. According to this rule, the compensation awarded to the plaintiff can be reduced based on their share of fault in the accident.

Contact a car accident attorney to get more information regarding the comparative negligence law and seek guidance as you go through the personal injury claim process. Georgia is one of the states that follow the comparative negligence rule. This rule implies that both the pedestrian and the motorist could share fault in the accident. According to this rule, the compensation awarded to the plaintiff can be reduced to their share of fault in the accident. You can contact a car accident attorney for your more details regarding the comparative negligence law and to guide you through the personal injury claim process.

What damages can I recover in a personal injury case?

Accidents involving pedestrians often result in serious injuries to the victim, especially in a truck accident. Victims can claim compensation for monetary damages, such as medical treatment, lost wages, wrongful death of a loved one, medical malpractice, property damage, and more. Accident victims can also recover non-monetary damages, known as pain and suffering, including compensation for emotional distress, disability, disfigurement, loss of enjoyment, and quality of life. A pedestrian accident attorney in Stone Mountain can accurately calculate your damages.

How can a personal injury lawyer help?

Pedestrian accidents can result in high medical bills, long-term rehabilitation, and other expenses in personal injury cases. You’ll need solid evidence to build a strong case to recover full compensation for your suffering. You must also ensure that you don’t miss the deadline for filing a pedestrian accident case, which is two years, according to the statute of limitations of Georgia. Gathering evidence, keeping up with paperwork, and establishing liability can get complicated. A personal injury lawyer can help you in this process. Get in touch with Turnbull, Moak & Pendergrass to retain the services of a pedestrian accident lawyer in Stone Mountain. Our personal injury lawyers can handle all the paperwork, negotiate with the insurance company, and gather evidence to increase your chances of obtaining full compensation in a personal injury lawsuit. Contact us today to schedule a free consultation with a capable personal injury lawyer in Stone Mountain, GA.