Crosswalk Injury Claims and Pedestrian Rights

From asserting your rights to achieving full recovery, Dressie Law Firm is your guide to justice and compensation.

Need information about crosswalk injury claims and pedestrian rights? The Dressie Law Firm has got you covered. Reach out to us for more details. webp to jpg (3) gif maker
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All You Need to Know About Pedestrian Accident Claims

According to the Centers for Disease Control and Prevention (CDC), there were about 8,000 pedestrian fatalities in 2021 alone. This translates to one fatality every 66 minutes!

A designated crosswalk is meant to be a safe zone for pedestrians. Unfortunately, this isn’t always the case. Pedestrian accidents on crosswalks are not uncommon, usually resulting in serious injuries and death. In Georgia, drivers owe pedestrians and other road users the duty of care and must adhere to right-of-way laws.

Pedestrians have the right to recover financial compensation from the at-fault driver’s insurance company through a personal injury claim. Understanding your pedestrian rights makes it harder for the liable parties to infringe on them and deny you justice.

If you have been injured by a driver at a crosswalk, reach out to our personal injury attorney at Dressie Law Firm for experienced legal support. We have an impressive track record of handling personal injury lawsuits and claims. We can help you seek fair compensation.

    Understanding Pedestrian Rights and Responsibilities

    Pedestrian Rights in Crosswalks

    GA code § 40-6-91 explains pedestrians’ right of way at a crosswalk. It states that drivers must stop to allow pedestrians at a crosswalk to cross the road. This means that drivers cannot cut off pedestrians crossing the street. Neither can they try to maneuver around pedestrians within crosswalks. Drivers are also barred from overtaking vehicles stopped at crosswalks during pedestrian crossing.

    The NHTSA compiled clear guidelines for pedestrians to keep safe while on the road. Below is a summary:

    • Both drivers and pedestrians have a duty of care within crosswalks.

    • Always use sidewalks and footpaths whenever available.

    • If sidewalks are unavailable, walk in the opposite direction of oncoming traffic and as far away from traffic as possible.

    • Follow traffic laws, including signs and signals.

    • When crossing the street, look in all directions and ensure the road is safe to cross.

    • Avoid alcohol and drugs while walking, as they may impair your judgment.

    • Be on the lookout for cars leaving or entering driveways or parking areas.

    Pedestrian Responsibilities

    GA code § 40-6-92 lays out clear responsibilities for pedestrians. These responsibilities include:

    • All pedestrians must allow drivers the right of way when crossing anywhere other than a marked or unmarked crosswalk.

    • Pedestrians must avoid intentionally getting into the path of oncoming traffic when it is practically impossible for the driver to yield in time.

    • Pedestrians who choose to cross outside of a crosswalk, tunnel, or overhead pedestrian crossing must yield the right of way to vehicles.

    • Pedestrians are prohibited from crossing the roadway diagonally except when authorized by traffic control devices.

    • Pedestrians must only cross the roadway within crosswalks at adjacent intersections with operational traffic-control signals.

    Crosswalk Injury Claims: Liability and Negligence

    Because pedestrians often have the right of way at crosswalks, motor vehicle drivers are usually at fault for crosswalk accidents. However, pedestrians may share fault if they fail to exercise reasonable care or violate traffic rules. A pedestrian accident attorney can help you investigate the case and determine liability for the accident.

    Since Georgia is an at-fault state, the at-fault party in an accident will be liable for any damages to the innocent party. Therefore, if you are hit by a driver at a crosswalk, you must file your claim with the driver’s insurance company.

    What Is Negligence in Auto Accidents?

    Georgia follows modified comparative negligence to determine liability and compensation in personal injury cases. This means the injured party may still be eligible for some compensation if they are partially at fault. However, their percentage of fault must not exceed 49.

    To prove the at-fault driver’s negligence, you must prove:

    • The at-fault party owed a duty of care.

    • The at-fault party breached their duty of care.

    • The at-fault party’s breach caused the accident.

    • You sustained damages

    If negligence is established, the at-fault party must compensate you for your injuries and losses.

    Filing a Crosswalk Accident Claim

    If you had a pedestrian accident at a crosswalk, you may be able to recover compensation by filing a pedestrian accident claim. Below is a step-by-step guide on how to file a pedestrian insurance claim.

    • Seek Medical Attention for your injuries.

    • Collect evidence, including photographs, videos, and witness contact information.

    • Report the incident to law enforcement and obtain a copy of the police report.

    • Seek legal advice from personal injury lawyers to assess the strength of your case and explain your rights.

    • File a claim with the at-fault party’s insurance company.

    • Negotiate with the insurance company to reach a fair settlement.

    • File a personal injury lawsuit with help from your attorney if you feel lowballed or your claim was denied.

    Recoverable Damages

    You may be eligible for the following damages in a pedestrian accident claim:

    • Medical expenses

    • Pain and suffering

    • Lost wages

    • Property damages

    • Loss of consortium

    • Disfigurement and scarring

    • Loss of enjoyment of life

    • Loss of earning capacity

    You can also file a wrongful death claim if the accident led to the death of a loved one.

    Did you recently have a pedestrian accident? If so, our legal team can help you get compensation so you can recuperate without worrying about your expenses. All you need to do is get in touch with our Atlanta pedestrian accident attorney.

    Talk to a Pedestrian Accident Lawyer Today!

    You may be eligible for compensation if you get hit by a car, motorcycle, or bicycle while at a crosswalk, and you have various legal options to recover it. Your personal injury lawyer will help you explore your options and take the right steps to justice.

    Attorneys at Dressie Law Firm will work tirelessly to ensure you get the maximum compensation possible for your injuries after a pedestrian accident. We take a client-centric approach, ensuring our clients understand every step of the process.

    Contact us today to schedule your free consultation with a dedicated, experienced attorney.

    The Dressie Law Firm Can Help You

    If you or a loved one is a victim of a reckless or negligent driver, we want you to know that the law is on your side and so is the Dressie Law Firm.

    Contact us today to schedule your free consultation!