As a pedestrian in the high traffic metro Atlanta area, one of the greatest hazards you can face is vehicular traffic. Atlanta was not laid out with pedestrians in mind and there are numerous streets without sidewalks and areas where it is over 1,000 yards to a crosswalk. I have represented multiple clients that have been hit by a car in Atlanta and can tell you firsthand about the shortcomings of Georgia roadway design. Buford Highway alone has a pedestrian run down incident almost daily.

The rights of the pedestrian are laid out in the Official Georgia Code. Under O.C.G.A. § 40-6-93 "every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, shall give warning by sounding his horn when necessary, and shall exercise proper precautions upon observing any child or any obviously confused, incapacitated, or intoxicated person."

O.C.G.A. § 40-6-92 governs jaywalking and pedestrian crossings. Under section (a), every pedestrian crossing the street (crosswalk or not) shall yield the right of way to all vehicles unless he has already safely entered the road already.

Under section (c) if you cross the road between adjacent intersections at which traffic-control signals are in operation and you do not use the crosswalk, you are jaywalking and in violation of the law. In the civil setting, you can be charged with neglience per se which may make recovery for serious injuries more challenging. Understand though that the key here is you must be between adjacent traffic light controlled intersections for the rule to apply.

In every case where a pedestrian has been hit by a car, securing eyewitness testimony is critical. The lawyer also needs to investigate the lighting conditions, conspicuity of clothing, the familiarity of the driver with the pedestrian traffic patterns in the area.

Pedestrian injury cases in Georgia are a complex subcategory of injury law and if you have further questions, please telephone our law office.