Pedestrians struck by vehicles are at high risk of serious injury or death. Georgia law protects pedestrians in crosswalks and at intersections, but drivers often fail to yield.
Under Georgia law, pedestrians must use crosswalks when available and drivers must stop for pedestrians in crosswalks. Unfortunately, accidents involving pedestrians in Georgia are still far too common and are often the result of:
If you’ve been injured as a pedestrian in Georgia, you may be entitled to seek compensation from several types of insurance depending on the circumstances of the incident. Understanding these options ensures you don’t leave any money on the table and obtain maximum compensation for your injuries.
If a driver's negligence caused them to strike you with their vehicle, their liability insurance may cover your medical expenses, lost wages, pain and suffering, and long-term rehabilitation costs when necessary. Since most Georgia drivers are required to carry liability insurance, this is typically the first source of recovery your attorney will pursue on your behalf.
If the driver whose vehicle hit you has insufficient coverage to pay for your damages or has no insurance at all, your uninsured or underinsured motorist coverage kicks in. This is true even though you were not in a vehicle when you were injured.
If you elected to purchase this kind of coverage under your own automobile insurance policy, you can use it to pay for your medical costs up to the amount of coverage that you purchased. You can use this type of coverage even if you were at fault.
If poor roadway design, malfunctioning traffic signals, or improperly maintained sidewalks contributed to your accident, you may be able to file a claim against the city and request payment for your damages.
The insurance company will often argue that the pedestrian was atually at fault because they either did not cross at a cross walk at all while crossing the street, or they used the crosswalk but walked against a "Do Not Walk" sign.
Under the right circumstances, this can be an effective defense agasint paying for damages. However, it is important to point out that unless the pedestrian directly runs out in front of an oncoming vehicle, jaywalking can reduce your compensation but it generally does not void your claim.
Additionally, as long as a pedestrian enters a crosswalk pursuant to a "Walk" signal, they have a right to continue through the crosswalk once the signal switches to "Do Not Walk".
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The Barionnette & Eisenhower Law Firm, LLC
2310 Parklake Drive, Suite 460 - Atlanta, GA 30345
P: 404-225-1501 — F: 678-305-0908