GA Pedestrian Accidents: Know Your Rights. Don’t Get Hurt.

There’s a shocking amount of misinformation surrounding Georgia pedestrian accident laws, especially in a city like Savannah where foot traffic is so prevalent. Are you sure you know your rights if you’re struck by a car?

## Myth #1: If a Pedestrian is Hit Outside a Crosswalk, They Are Automatically at Fault

This is simply untrue. While Georgia law does state that pedestrians should use crosswalks when available, particularly in urban areas like downtown Savannah, failing to do so doesn’t automatically make them responsible for an accident. The legal concept of negligence applies. The driver still has a duty to exercise reasonable care to avoid hitting pedestrians, regardless of where they are walking.

For example, imagine a pedestrian crossing Broughton Street mid-block because the nearest crosswalk is two blocks away. (I’ve seen this happen countless times). If a driver speeding down Broughton fails to notice the pedestrian and hits them, the driver could still be held liable, even though the pedestrian wasn’t in a crosswalk. The key is whether the driver acted reasonably under the circumstances. Were they distracted? Were they speeding? Did they have a clear view of the pedestrian?

Georgia operates under a modified comparative negligence system. This means a pedestrian can be found partially at fault and still recover damages, but their recovery is reduced by their percentage of fault. If a jury finds the pedestrian 30% at fault for crossing outside a crosswalk, they can still recover 70% of their damages. However, if the pedestrian is found to be 50% or more at fault, they recover nothing. O.C.G.A. Section 51-12-33 outlines this in detail.

## Myth #2: Drivers Always Have the Right-of-Way

Absolutely not. While vehicles generally have the right-of-way, this isn’t an absolute rule. Drivers have a legal duty to yield to pedestrians in certain situations. This includes marked crosswalks, obviously, but also any situation where a pedestrian is already in the roadway and it would be unsafe for the driver to proceed.

Think about the intersection of Abercorn and Oglethorpe in Savannah. It’s a busy intersection with a lot of pedestrian traffic. Even if the “walk” signal isn’t illuminated, drivers turning left from Abercorn onto Oglethorpe must yield to any pedestrians already in the crosswalk. Failure to do so could result in a citation and civil liability if an accident occurs.

A driver’s responsibility is to avoid hitting pedestrians. Period.

## Myth #3: Insurance Companies Will Always Offer a Fair Settlement

This is wishful thinking. Insurance companies are businesses, and their goal is to minimize payouts. They may try to offer you a lowball settlement that doesn’t adequately compensate you for your medical bills, lost wages, and pain and suffering. Remember, the minimum liability insurance a driver in Georgia is required to carry is $25,000 per person and $50,000 per accident. This is often woefully inadequate to cover the costs of a serious pedestrian injury. You might be leaving money behind.

I had a client last year who was struck by a car while walking near Forsyth Park. The insurance company initially offered her $10,000, claiming she was partially at fault for the accident. After we filed a lawsuit and presented evidence of the driver’s negligence (he was texting), the insurance company increased its offer to $75,000. The lesson? Don’t accept the first offer.

## Myth #4: If the Driver Doesn’t Have Insurance, You’re Out of Luck

Not necessarily. While it’s true that dealing with an uninsured driver can be challenging, you may still have options. One option is to pursue a claim against your own uninsured motorist (UM) coverage. This coverage protects you if you’re injured by an uninsured driver or a hit-and-run driver.

Here’s what nobody tells you: UM coverage is often overlooked, but it can be a lifeline in these situations. I worked on a hit-and-run case where my client was walking near River Street when she was struck by a car that fled the scene. We were able to recover compensation for her injuries through her own UM policy, even though we never identified the at-fault driver.

Furthermore, you may be able to pursue a personal injury lawsuit directly against the at-fault driver, even if they don’t have insurance. While recovering a judgment might be difficult if the driver has limited assets, it’s still worth exploring.

## Myth #5: Pedestrian Accidents Are Always Minor

This is a dangerous assumption. Pedestrian accidents can result in severe injuries, including traumatic brain injuries, spinal cord injuries, broken bones, and internal organ damage. These injuries can require extensive medical treatment, rehabilitation, and long-term care. The costs associated with these injuries can be astronomical.

Consider a hypothetical case: A 60-year-old pedestrian is struck by a car while crossing Victory Drive. They suffer a broken leg, a concussion, and internal bleeding. Their medical bills total $100,000, and they are unable to work for six months, resulting in $30,000 in lost wages. Their total damages could easily exceed $150,000. In such cases, it’s crucial to consult with an experienced Savannah pedestrian accident lawyer to understand your rights and options.

Navigating the complexities of Georgia pedestrian accident laws can be daunting. Don’t let misinformation jeopardize your chances of receiving fair compensation. If you’ve been injured in a pedestrian accident in Georgia, seeking legal guidance is paramount.

Don’t delay seeking legal advice after a pedestrian accident. Knowing your rights and acting quickly can make all the difference in securing the compensation you deserve. Contact a qualified attorney in Savannah to explore your options.