When Does a Georgia Court Say a Pedestrian is At Fault in an Accident?

Usually, when we see a pedestrian get hit by a car or SUV, it’s on television. When you see it in the movies it’s usually funny – something to laugh at, In the real world, if you get hit by a car or bus it isn’t funny at all. Its’ embarrassing and painful. I cannot imagine being there on my bicycle knowing I can’t get out of the path of a truck or SUV. Atlanta pedestrian accident lawyers hear about cases like this all the time. Their client is on their way to the park one minute and lying on a hospital stretcher the next.

These accidents are some of the most dangerous, yet we don’t hear about them as often as we should. Law enforcement does a good job of reminding people during National Pedestrian Week. But aside from that, there aren’t a whole lot of safety measures put into place for pedestrians. Georgia is actually the 6th most dangerous state when it comes to pedestrian accidents. Close to 200 people are killed in Georgia every day this way. That’s why we have our team of Atlanta pedestrian accident lawyers.

General Rule – Pedestrian is the Innocent Victim

The general rule is that the pedestrian always has the right of way. Of course, this isn’t technically true. If someone is hit by a car and they aren’t walking in a crosswalk it isn’t going to look good for them from a legal standpoint. The same is true if someone is walking drunk on a dark road in the middle of the night. But for the most part, if you’re hit by a vehicle while on foot, there’s a good chance the court is going to rule in your favor.

As mentioned above, though, there are times when the court may feel the non-driver was at fault. They may think you caused the crash. This can be hard to fathom. However, consider a few possible scenarios where this may happen:

  • The pedestrian darts out into traffic on a busy highway
  • The pedestrian had just leapt out of a moving car
  • The person walking is drunk and stumbles into the middle of the road
  • The pedestrian is lying down in the middle of the road
  • the pedestrian doesn’t use the crosswalk or walks while the signs reads, “Don’t Walk”

The judge will take all of this into account when making their decision. They have to look at the evidence submitted by both parties.

Your Atlanta Pedestrian Accident Lawyer Still Has to Prove Negligence

Just because you were hit by a car, that doesn’t guarantee you damages. You still have to file a claim against the person who hit you. Even if you prove damages, your Atlanta accident lawyer will still have to prove the driver was negligent. In order to do this, your attorney has d do the following:

  • The defendant owed you a duty of care – This is a given. All motorists owe everybody on the road a certain level of common courtesy.
  • They breached this duty – Perhaps they were speeding or didn’t have their lights on
  • You were hurt – You need to go to the hospital so they can document your injuries.
  • Your Atlanta pedestrian accident lawyer needs to prove that your injuries were caused by the defendant

This is why an Atlanta accident lawyer will remind you how important it Is to go to the hospital clinic. This way, you’ll have a licensed doctor look at you and make sure you aren’t hurt,

The Defense May Claim It Was Your Fault

It’s important to remember that the defendant’s lawyer will be working as hard as your Atlanta pedestrian accident lawyer. They’ll try to prove you were at fault. If you give them any reason to think you purposely got hit by the car, they’ll run with it. That’s why it’s critical that you stay off social media. Someone could post a joke on your page about the accident and the defense will use it against you.

Talk to an Experienced Atlanta Pedestrian Accident Lawyer Today

If you or your loved one are hurt in a pedestrian accident, call our office. You don’t have to handle this all by yourself. Schedule your free, initial consultation with one of our Atlanta pedestrian accident lawyers right away. They can answer any questions you have and give you an idea of what your claim is worth.