Can I File a Pedestrian Accident Claim in Georgia If I Was Hit by a Car Outside a Crosswalk?

You have the right to file a pedestrian accident claim in Georgia even if you were not in a crosswalk at the time of the accident. Whether your claim succeeds will depend on the unique facts of the case. Our experienced pedestrian accident lawyers can review the evidence and advise about a path forward.

What Are Georgia’s Pedestrian Laws Regarding Crosswalks?

Georgia law provides legal protection to pedestrians crossing roadways using both marked and unmarked crosswalks at roadway intersections. The law requires drivers to stop and remain stopped for pedestrians who are in the half of the roadway they are traveling on or are approaching within one lane.

It is illegal for a driver to pass a stopped vehicle waiting for a pedestrian or to cut through a crosswalk while someone is crossing. The pedestrian safety rules apply whether the crosswalk has painted lines or is unmarked, as most intersections in Georgia legally include crosswalks even if no lines are visible.

Are Pedestrians Required to Yield to Traffic When They Are Not in a Crosswalk?

When a pedestrian crosses a roadway outside a marked or unmarked crosswalk, Georgia law requires them to yield the right-of-way to vehicles. That means a pedestrian cannot suddenly leave a place of safety and step into traffic if a vehicle approaching is too close to stop safely.

However, crossing the street outside of a crosswalk is not automatically illegal. It becomes unsafe or unlawful only when the pedestrian fails to yield or crosses between two intersections with traffic control signals.

What Are a Driver’s Responsibilities Regarding Pedestrians in Georgia?

Georgia drivers must operate their vehicles with care around pedestrians, regardless of whether a crosswalk is marked. Several state laws outline drivers’ specific duties to help prevent collisions and protect people on foot. Drivers are responsible for:

• Stopping and remaining stopped for pedestrians in crosswalks
• Yielding to pedestrians on sidewalks when exiting driveways or alleys
• Avoiding overtaking vehicles stopped for pedestrians
• Exercising due care to avoid hitting any pedestrians
• Obeying traffic control signals

What Is Georgia’s Comparative Negligence Law?

Comparative negligence is a legal principle that acknowledges the possibility that multiple parties can share responsibility for an accident, in this case, both the driver and the pedestrian. Under Georgia’s modified comparative negligence law, a pedestrian may still recover compensation if they are less than 50 percent at fault, but their compensation would be reduced in proportion to their percentage of fault.

For example, if a pedestrian is found to be 20 percent responsible for crossing outside a crosswalk, their recovery will be reduced by 20 percent. If they are 50 percent or more at fault, they cannot recover any compensation.

In What Scenarios Would the Driver Be at Fault?

A driver may be found at fault for a pedestrian accident in a variety of circumstances, even if the pedestrian was not in an unmarked or marked crosswalk. Whether a driver bears responsibility depends on whether they failed to act with reasonable care or violated traffic laws.

Some examples of cases in which a driver would likely be at fault include:

• Speeding or driving too fast for conditions
• Failing to stop for a pedestrian already in the roadway
• Driving while distracted or impaired
• Ignoring official traffic control devices like traffic signals or signs
• Passing a vehicle stopped for a pedestrian in a traffic lane
• Failing to yield when exiting a driveway or parking lot

What Situations Would Favor the Pedestrian in the Accident?

Certain facts may strengthen a pedestrian’s claim even if they were not in a crosswalk. These situations often show driver negligence or appropriate caution on the pedestrian’s part:

• The pedestrian was crossing slowly and visibly when struck by oncoming traffic
• Approaching vehicles failed to brake or take evasive action for a pedestrian crossing the street with the right-of-way
• A green light or a walk signal indicated that the pedestrian could cross safely
• The pedestrian was crossing streets near an intersection, school zone, or bus stop
• Witnesses confirm the pedestrian checked for approaching vehicles before crossing the street

What Types of Compensation Could Be Available in a Georgia Pedestrian Accident Claim?

Georgia pedestrians who get hit by a motor vehicle may be able to recover compensation for their resulting financial and personal losses. Depending on the specific facts of the case, compensation may include:

• Medical bills, including the costs of hospitalization, doctor visits, rehabilitation, and anticipated future care
• Lost income and reduced earning capacity if the injuries limit their ability to work
• Pain and suffering, including physical pain, emotional distress, and reduced quality and enjoyment of life

What Happens If the Driver Who Hits the Pedestrian Does Not Have Enough Insurance?

In some cases, the at-fault driver may not have sufficient insurance to fully cover an injured pedestrian’s losses, and possibly no insurance coverage at all. However, the pedestrian may still have options for recovery.

For example, an injured pedestrian might turn to their auto insurance policy’s uninsured or underinsured motorist (UM/UIM) coverage, which applies even when the policyholder is injured while walking. Other possible sources include the driver’s personal assets or third parties (such as employers or vehicle owners) who may share liability for the accident.

Is There a Time Limit for Filing a Pedestrian Accident Claim in Georgia?

Georgia’s statute of limitations for personal injury claims gives pedestrians just two years from the date of the accident to file a lawsuit against the at-fault driver. If the pedestrian died in the accident, their surviving family members generally have two years from the date of death to file a wrongful death claim, although the deadline may be paused until any associated criminal proceedings have concluded.

In addition to preserving your right to seek compensation, promptly initiating legal action makes it easier to gather and preserve critical evidence, such as witness statements, surveillance videos, and police reports. It also gives your pedestrian accident lawyer time to investigate liability, negotiate with insurers, and prepare a strong claim before deadlines expire.

Contact a Georgia Pedestrian Accident Lawyer Near You

If you were injured in a Georgia pedestrian accident, you deserve the chance to hold the driver accountable for your financial and personal losses. Let the team at R. Alan Cleveland, LLC, provide the support you need. Our Athens personal injury attorneys take pride in offering personalized service and getting the results our clients deserve, totaling more than $150 million to date.

Contact us today for a free consultation with an experienced pedestrian accident attorney to discuss your claim.

R. Alan Cleveland

An Athens resident Alan Cleveland grew up in Rockdale County. As a founding partner of the personal injury law firm of R. Alan Cleveland, LLC he proudly serves his community and provides skilled representation to injury victims and their families all around Georgia. Alan earned his undergraduate degree from the University of Georgia and went on to graduate, summa cum laude, from Atlanta’s John Marshall Law School. He is also a graduate of Gerry Spence’s renowned Trial Lawyers College (TLC) in Wyoming. In his free time, Alan frequently speaks at continuing legal education seminars. He also volunteered as a youth baseball coach and assists with Georgia’s high school moot court competition held annually. Alan serves as a Trustee of Historic Athens and is a member of the Development Authority of the Unified Government of Athens-Clarke County.

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