When a car hits a pedestrian, most people assume the driver is automatically at fault. While drivers do carry a significant duty of care on the road, pedestrians can also share fault under certain circumstances. Georgia law recognizes that pedestrians, like drivers, must protect their safety and comply with traffic laws. A Tucker car accident lawyer from Fox Injury Law can help you understand your legal rights if you’ve been injured in a pedestrian accident.
Can a pedestrian be at fault for an accident?
Yes. In Georgia, pedestrians can be held partially or entirely at fault for an accident, depending on how and where the accident occurred. Like drivers, pedestrians must follow traffic laws, and failing to do so can impact their ability to recover compensation if they are injured.
What actions might make a pedestrian at fault?
While individuals have important pedestrian rights, they also have responsibilities under Georgia law. An injured pedestrian may be found at fault or partially at fault in a car accident if they:
- Jaywalk or cross the street outside a designated crosswalk
- Cross against a traffic signal, such as a “Don’t Walk” sign
- Suddenly dart into the road without warning
- Walk along highways or roads where pedestrian access is prohibited
- Are impaired by alcohol, drugs, or other substances
- Are distracted while walking, such as by texting or using headphones
These behaviors violate a pedestrian’s duty of care and may reduce or eliminate their ability to collect damages.
Can a pedestrian share fault with a driver?
Yes. Georgia follows a modified comparative fault rule. If a pedestrian is 50% or less at fault, they may still recover damages, though the court will reduce their award by their percentage of fault. For example, if an insurance company determines a pedestrian was 30% responsible for crossing the street in a non-crosswalk area and a car was speeding, the pedestrian can still recover 70% of the total damages.
How does distracted driving affect fault?
Even if a pedestrian shares some fault, a distracted driver may still be held primarily responsible. Distractions like texting, eating, or using a phone are common causes of car accidents and can shift more liability to the driver.
What happens if a car hits a pedestrian who was jaywalking?
Even if a pedestrian is jaywalking, the driver may still hold some responsibility, especially in case the driver was speeding, drunk driving, or otherwise negligent. Hitting a pedestrian does not automatically mean the driver is off the hook just because the pedestrian was not in a designated crosswalk. Law enforcement and insurers will evaluate both parties’ actions.
What compensation can an injured pedestrian receive?
If another party is liable for injuring a pedestrian in a car accident, the pedestrian may be eligible to recover compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Ongoing rehabilitation
- Emotional distress
If the pedestrian is found to share fault, the court will reduce the total compensation accordingly.
Should I talk to the insurance company without a lawyer?
No. Avoid giving a statement to an insurance company without first consulting our experienced accident lawyers. Insurance adjusters often attempt to minimize payouts by arguing the pedestrian was fully or mostly at fault. Having skilled injury lawyers on your side can protect your rights and improve your chances of a fair settlement.
Do I need a pedestrian lawyer in Tucker, GA?
Yes, especially if the circumstances of the accident are unclear or if the insurance company is disputing fault. Our pedestrian accident lawyers can gather evidence, reconstruct the accident scene, speak to witnesses, and negotiate with insurers to fight for your compensation.
Contact a Tucker car accident lawyer today
At Fox Injury Law, we understand the complexities of car-pedestrian accident cases. Whether you are dealing with serious medical bills or seeking damages for pain and suffering, our dedicated injury lawyers are here to help. If a car hits a pedestrian, determining liability can be complicated, but you do not have to navigate it alone. Contact us today at (404) 777-7778 or online for a free consultation.
