Are Pedestrian Accidents Always the Driver’s Fault?

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Auto Accident

The Atlanta region is widely known as one of the most dangerous metropolitan areas for pedestrians. All Georgia drivers have a legal duty to stop and yield to a pedestrian in a crosswalk. But pedestrians must also exercise care. Among other things, if a pedestrian crosses a road outside of a clearly marked crosswalk, he or she must yield to traffic. A pedestrian who ignores this rule assumes the risk of injury and may not be able to win a personal injury claim if hit by a car.

Politzer v. Xiaoyan

Here is an example of how Georgia courts will not show much sympathy for a pedestrian who fails to follow the rules of the road. The plaintiff in this case was out walking in her neighborhood one evening. It was already dark out and the plaintiff was wearing mostly black clothing. As she was completing her walk and returning home, the plaintiff crossed a road outside of the crosswalk, which she claimed was “unsafe” because drivers were known to speed through the intersection without stopping and yielding to pedestrians.

The defendant was driving a vehicle down the road the plaintiff was crossing. The plaintiff testified that she thought the defendant was still “far enough away” that she could finish crossing the road. Unfortunately, that was not the case, and the defendant’s vehicle “struck her when she was a few steps away from the other side of the road,” according to court records.

The plaintiff sued the defendant for negligence. She also served her own uninsured motorist carrier, which would have been liable for the balance of any judgment that the defendant could not pay. The trial court granted summary judgment to the defendant and the insurer. The plaintiff appealed, but a three-judge panel of the Georgia Court of Appeals unanimously affirmed the trial judge’s ruling.

As the appeals court explained, the mere fact that there was a collision between a motorist and a pedestrian does not establish that the motorist was negligent. The plaintiff must prove some wrongful act on the part of the defendant. For instance, if the defendant was speeding or driving drunk when he hit the plaintiff, that could prove negligence. But in this case, the Court of Appeals said there was no evidence that the defendant “was speeding, was violating any rules of the road, or saw [the plaintiff] before striking her.” This alone justified the trial court’s decision to dismiss the plaintiff’s personal injury lawsuit.

Even if there was evidence of the defendant’s negligence, the plaintiff could still have lost at trial due to her own failure to “exercise ordinary care for her own safety.” While the Court of Appeals did not expressly address this issue, it noted that it was the plaintiff, not the defendant, who was cited by the police following the accident. In fact, the plaintiff entered a guilty plea to a charge of “darting into traffic.” And as discussed above, she was wearing all-black clothing on a dark night.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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