Marietta Crosswalk Laws: What to Know for 2026

The aftermath of a Marietta pedestrian accident can be incredibly confusing, especially when questions of right-of-way arise. So much misinformation exists about who is at fault when a pedestrian is struck in a crosswalk.

Myth 1: Pedestrians Always Have the Absolute Right-of-Way in a Crosswalk

This is perhaps the most dangerous misconception out there. Many people, both drivers and pedestrians, believe that once a pedestrian steps into a crosswalk, they are automatically safe and drivers must stop, no matter what. That’s just not how Georgia law works. While O.C.G.A. Section 40-6-91 states that drivers must yield to pedestrians in a crosswalk when the pedestrian is on the half of the roadway on which the vehicle is traveling or approaching so closely from the opposite half of the roadway as to be in danger, it also places responsibilities on the pedestrian. I had a client last year, a young woman hit near the Marietta Square Market on North Marietta Parkway, who was convinced the driver was entirely at fault because she was in the crosswalk. The driver, however, argued she darted out suddenly. We had to work hard to prove the driver had a clear line of sight and sufficient time to react. The truth is, pedestrians also have a duty to exercise due care for their own safety. They cannot, for example, suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield. It’s a two-way street, literally.

Myth 2: If There’s No “Walk” Signal, Drivers Don’t Have to Stop for Pedestrians

This myth leads to countless close calls and, tragically, actual accidents. I hear it all the time: “But the light was green for me, not for them!” This line of thinking ignores the existence of unmarked crosswalks and the general duty of care drivers owe to pedestrians. In Marietta, like anywhere else, every intersection implies a crosswalk, even if it’s not painted. O.C.G.A. Section 40-6-92 specifically addresses pedestrian use of crosswalks. It clarifies that between adjacent intersections at which traffic control signals are in operation, pedestrians cannot cross at any place other than a marked crosswalk. However, at intersections without signals, pedestrians still have rights. Drivers absolutely must yield to pedestrians in any crosswalk, marked or unmarked, when the pedestrian is on their half of the road or approaching dangerously close. A green light for a driver does not automatically negate a pedestrian’s right-of-way if they are already lawfully in the crosswalk. We ran into this exact issue at my previous firm representing a man struck at the intersection of Church Street and Hansell Street. The driver insisted the light was green for her. We presented evidence that our client had already entered the crosswalk before the light changed, establishing his right-of-way.

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Myth 3: Jaywalking Means a Pedestrian Has Zero Claim for Injury

While jaywalking, or crossing outside a marked or unmarked crosswalk between intersections with signals, is illegal under O.C.G.A. Section 40-6-92(a), it doesn’t automatically absolve a driver of all responsibility. Georgia operates under a modified comparative negligence rule. This means that if a pedestrian is found to be 50% or more at fault for an accident, they cannot recover any damages. However, if they are found less than 50% at fault, their compensation will be reduced by their percentage of fault. For example, if a pedestrian jaywalks and is hit, but the driver was speeding excessively or distracted, a jury might find the pedestrian 30% at fault and the driver 70% at fault. In such a scenario, the pedestrian could still recover 70% of their damages. It’s a common tactic for insurance adjusters to immediately label a jaywalking pedestrian as 100% at fault to avoid paying out. That’s why having an attorney who understands how to fight these assumptions is essential. We once represented a client who was technically jaywalking on Cobb Parkway near the Big Chicken, but the driver was proven to be texting. Even with the jaywalking, we secured a significant settlement because the driver’s negligence was clearly the primary cause.

Myth 4: If a Pedestrian Is Hit, It’s Always the Driver’s Fault

This is another oversimplification that can harm both drivers and pedestrians in the long run. While drivers bear a significant responsibility to watch for pedestrians, pedestrians also have duties. Beyond the “due care” mentioned earlier, pedestrians must obey traffic control signals, as outlined in O.C.G.A. Section 40-6-91(b). If a pedestrian ignores a “Don’t Walk” signal and steps into traffic, and an accident occurs, they are likely to be found at fault, at least partially. Furthermore, pedestrians cannot suddenly walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. Think about someone dashing across a busy street in downtown Marietta without looking. If a driver, even a careful one, simply has no time to react, it’s not fair to place all the blame on them. I’ve seen cases where pedestrians were wearing dark clothing at night, crossing in unlit areas, and failed to yield to vehicles that had the right-of-way. These factors directly impact liability. The Georgia Department of Public Safety (DPS) frequently emphasizes pedestrian safety education for a reason; it’s a shared responsibility. According to the Georgia Governor’s Office of Highway Safety (GOHS), pedestrian fatalities remain a serious concern, highlighting the need for vigilance from all parties on the road.

Myth 5: You Don’t Need to Call the Police for a Minor Pedestrian Accident

A “minor” pedestrian accident is a contradiction in terms. Any incident where a pedestrian is struck by a vehicle has the potential for serious, delayed injuries. Not calling the police is a massive mistake. Without a police report, documenting the scene, witness statements, and initial observations of the officers, proving your case becomes exponentially harder. The official report from the Marietta Police Department or Cobb County Police Department creates an objective record of the incident. It often includes details like the date, time, location (e.g., the intersection of Roswell Street and Waddell Street), involved parties, and sometimes even preliminary findings on fault. I cannot stress this enough: if you are a pedestrian hit by a car, no matter how “fine” you feel immediately afterward, call 911. Get medical attention and insist on a police report. Adrenaline can mask pain, and injuries like concussions or internal bleeding might not manifest for hours or even days. Without that official report, you’re relying solely on your word against the driver’s, and that’s a battle you typically lose with insurance companies.

Myth 6: Insurance Companies Will Fairly Compensate You if the Driver Was at Fault

This is perhaps the most naive assumption people make after an accident. Insurance companies are businesses, and their primary goal is to pay out as little as possible. Even if fault seems clear-cut, they will look for any reason to deny, delay, or devalue your claim. They might argue you were partially at fault (see Myth 3), question the severity of your injuries, or claim your medical treatment was excessive. They will offer lowball settlements, hoping you’re desperate enough to accept. Here’s what nobody tells you: they are not on your side. After a client of mine was hit by a delivery truck near the Kennesaw Mountain National Battlefield Park, the driver’s insurance company offered a paltry sum, claiming her extensive physical therapy was unnecessary. We had to meticulously document every medical visit, therapist’s note, and lost wage statement. We even obtained expert testimony from her orthopedic surgeon. It took months of negotiation and the threat of litigation to secure a fair settlement that covered her current and future medical needs, lost income, and pain and suffering. Never try to negotiate with an insurance adjuster alone after a serious injury. Their tactics are designed to overwhelm and undervalue your claim. The complexities of right-of-way laws in Georgia require precise legal understanding to ensure justice for victims of pedestrian accidents.