Pedestrian accidents are rarely minor. While some people may walk away with a few cuts and bruises, more serious crashes can cause severe injuries, disability, or worse.
Unlike motor vehicle operators, pedestrians are completely exposed. When they get hit by a car, the consequences can be devastating. But who has the right-of-way when a pedestrian crosses the street outside of a crosswalk?
In Georgia, pedestrians generally must yield to vehicles when crossing outside a marked crosswalk (and outside an unmarked crosswalk at an intersection). Do pedestrians have the right of way outside of a crosswalk? In most cases, no—but drivers may still be liable if they fail to use reasonable care.
But that doesn’t mean drivers have a right to hit someone simply because they’re crossing outside a designated crosswalk.
Right of Way Rules Outside a Crosswalk (Georgia)
When pedestrians must yield
While it may be assumed drivers should always yield to pedestrians attempting to cross the street, this isn’t always true. If you’re trying to cross a street outside of a designated crosswalk, drivers typically aren’t required by law to stop for you. In many situations, the pedestrian should wait until traffic has cleared before crossing.
Georgia law doesn’t use the term “jaywalking” in a simple yes/no way for every situation, but the key point is that crossing outside a crosswalk generally means the pedestrian must yield to vehicles.
When a driver can still be liable
Fault in a pedestrian accident often depends on right-of-way and whether each party acted reasonably. For example, if a pedestrian steps into oncoming traffic without giving drivers enough time to stop, the pedestrian may be responsible (fully or partially) for their injuries.
There are situations where both the pedestrian and the driver may share fault, including:
- A pedestrian crossed outside a crosswalk, but the driver was intoxicated or distracted
- The driver operated the vehicle without working headlights
- The driver struck the pedestrian on purpose
- The driver failed to react despite clear visibility and enough time to slow down or stop
Even if the driver is found partially at fault, you may recover only a percentage of compensation if you did not have the right of way.
Safety note (brief)
If you must cross outside a crosswalk, consider basic precautions:
- Use a well-lit area and cross only after traffic clears
- Avoid distractions (phone, headphones at high volume)
- Make eye contact with drivers when possible
Claims, Liability, and Damages
If you’re a pedestrian injured by a negligent driver, you may be able to file a personal injury claim with the driver’s insurance company. Depending on the facts, you can request compensation for medical care, lost wages, future medical or rehabilitation costs, and pain and suffering.
For more about legal options after a crash, visit our pedestrian cccident/personal injury practice area.
Were You Injured in a Pedestrian Accident in Atlanta? Talk to a Pedestrian Accident Attorney
Were you injured by someone else’s negligent driving? Are you thinking about making a personal injury claim against the driver, but you’re not sure where to start? Allow the experienced pedestrian accident attorneys at the Dressie Law Firm to help you understand your options.
Contact us or call our Atlanta office at 678-619-2977 for a free case evaluation.