Understanding Pedestrian Rights and Safety in Georgia

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Pedestrian rights are key issues in Marietta and Cobb County, with specific laws for drivers and pedestrians.

If you are ever involved in a pedestrian-vehicle incident, seek medical attention and talk to an experienced Marietta personal injury lawyer to discuss legal options.

What is Pedestrian Right-of-Way in Georgia?

Georgia pedestrian laws govern the rights of people using the sidewalk or crossing the road. If an accident occurs, these precise laws are designed to determine who is liable.

Ga. Code § 40-6-91 says that pedestrians have the right of way when crossing the roadway within a crosswalk. Similarly, Ga. Code § 40-6-92 states that pedestrians crossing a roadway at places other than a marked crosswalk shall yield the right of way unless the person has already, and under safe conditions, entered the roadway.

This ruling indicates that drivers need to yield if a person is already on the road, whether fully on the road, halfway, or just crossing. The driver must give the pedestrian the right of way. 

Further, in Ga. Code 40-6-93, the law states that drivers must take care to avoid colliding with any pedestrian in the roadway. The code provides stipulations for drivers to exercise caution and honk the horn, especially when observing a child or person who is confused, incapacitated, or intoxicated.

Traffic Rules and Regulations for Georgia Pedestrians

Traffic rules apply to both drivers and pedestrians. In Georgia, when a car hits a pedestrian, the right-of-way rules frequently prevail. 

However, there are some situations where pedestrians may contribute to or cause an accident. If a person has left the ‘place of safety’ and moved suddenly onto the road, the driver may not be able to stop. 

A person who is driving may not be liable in a variety of instances, such as a person wandering on a busy street, a person sitting or lying on a busy road, or a pedestrian walking with disregard for lights and traffic regulations.

Proving Liability in Georgia

In Georgia, a driver has a legal duty to be careful and alert. Yet, accidents can occur from a variety of causes. Proving liability often requires determining whether the driver or pedestrian had the right of way. 

Supporting evidence may include eyewitness statements, photographic images, footage from surveillance cameras, and accounts from bystanders. If police are called to the scene, they will gather evidence and file an official report of the incident. 

Staying Safe as a Pedestrian in Cobb County

Cobb County government offers practical tips to help pedestrians stay safe when crossing the road. First, minimize distractions by paying attention and staying off of electronic devices. 

Many of the pedestrian tips are ones that we learned as children but may forget to follow as adults. Look both ways before crossing. Always use pedestrian-activated signals when available in crosswalks. Make eye contact with drivers. Walk on the sidewalk when possible. Watch for vehicles backing up. Keep small children close.

The county advises pedestrians to use crosswalk signals to cross the road safely. If you see the solid yellow hand, it means wait. 

Have You Been Involved in a Cobb County Pedestrian-Vehicle Accident?

Paying attention to pedestrian and driver safety can help you and your family stay safe in Cobb County. If you have been involved in a pedestrian-vehicle accident, talking to an experienced lawyer may be useful to understand your legal options.

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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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