Every year dozens of pedestrians are killed on Georgia crosswalks. Thousands are injured. Whether you are crossing the road in downtown Atlanta or in Newnan, you have rights. Often drivers fail to see or respect walkers on crosswalks.
Many towns and cities in Georgia were built around the car. Pedestrians wanting to cross the road can face a challenge. On occasions, they take unnecessary risks.
You are afforded greater rights if you cross the highway on a crosswalk than in other places.
The right of way in Georgia crosswalks is set out in § 40-6-91. The law states the driver of a car, truck, motorcycle or another vehicle shall “stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk.”
The Law Related to Georgia Crosswalks
The law also applies if the walker is on half of the roadway the vehicle is traveling on or when the walker is approaching and is within a single lane of the half of the highway the vehicle is traveling on or turning onto. This law appears complicated but “half of the roadway” means all traffic lanes containing traffic in one direction of travel.
Put simply, don’t try to drive around, squeeze by or cut off a pedestrian who is in a crosswalk even if you think you have room. Simply stop.
The law also puts the onus on pedestrians to be responsible on Georgia crosswalks. Pedestrians should not suddenly leave the curb or another safe place and run into the path of a car. In these cases, the driver may not have time to stop before reaching the crosswalk.
If a vehicle is stopped at a marked or an unmarked crosswalk or is allowing a pedestrian to cross at an intersection, another driver cannot overtake the stationary vehicle.
Under Georgia law, a pedestrian who is not crossing the road at a crosswalk or an intersection must yield the right of way to drivers. If a pedestrian tunnel or overhead pedestrian crossing is provided, people on foot should yield the right of way to vehicles upon the roadway if they choose not to use the tunnel or crossing.
Accidents at Georgia Crosswalks – When You Can File a Claim
Not all crosswalk injury claims are cut and dry. If you are on a crosswalk and a driver has a red light but hits you, the driver is clearly at fault.
Likewise, a driver with a straight green light who hits you when turning on a marked crosswalk is likely to blame.
However, if pedestrians cross against a ‘don’t walk’ sign the driver is unlikely to be found to be at fault unless he was speeding, drunk, texting or some other factor prevented him from taking any action to avoid the crash.
If you are partially liable for your accident and injuries, you will only be able to recover a portion of your demand.
Georgia’s crosswalk safety laws can be complicated. Talk to a Georgia personal injury lawyer today for help at (404) 913-1529.