While it’s often assumed that drivers are solely at fault in car accidents involving pedestrians, that isn’t always the case. A pedestrian hit can be found partially or fully responsible for an accident under certain conditions, especially if their behavior contributed to the crash. This concept is known as comparative negligence, where fault is divided among the involved parties based on their actions.
Pedestrian fault often arises when they fail to follow traffic laws or behave recklessly in areas where vehicles are present. For example, if a pedestrian crosses the street outside of a designated crosswalk, jaywalks, or ignores traffic signals, they may be contributing to an unsafe situation that leads to an accident.
Furthermore, distracted walking, such as texting or talking on the phone while crossing a street, can increase the pedestrian’s level of responsibility for the accident. These actions impair the pedestrian’s awareness and ability to react to oncoming vehicles, making them partially liable for any injuries sustained.
The Role of Comparative Negligence When Pedestrian Hit By Car
In Georgia, the comparative negligence rule plays a key role in determining the outcome of personal injury claims involving pedestrian accidents. According to this rule, if the pedestrian is found to be less than 50% at fault for the accident, they can still recover damages—but their compensation will be reduced based on their percentage of liability.
For instance, if a pedestrian is 30% at fault, they would only receive 70% of the total damages.
Understanding how pedestrian actions impact fault and personal injury claims is crucial for both drivers and pedestrians. The division of liability can significantly affect the compensation a pedestrian can receive for injuries sustained in an accident.
When Can a Pedestrian Be Found at Fault?
The most common reason a pedestrian may be found at fault in a car accident is distracted walking. Examples of distracted walking are texting, talking on the phone, using headphones, looking at a device, and not paying attention to surroundings. Pedestrians, like drivers, must remain alert in traffic areas to avoid accidents.
Other actions that may lead to pedestrian fault include:
Walking under the influence: Just like driving, walking while intoxicated can lead to dangerous situations, particularly in busy areas such as downtown Suwanee or parking lots.
Ignoring road signs and signals: Disregarding “don’t walk” signs or failing to obey directional signage, particularly in areas with bike lanes, can result in pedestrian responsibility for an accident.
Jaywalking: Crossing outside of designated crosswalks or intersections is illegal in Georgia and can severely limit a pedestrian’s ability to file a personal injury claim.
What If I’m a Pedestrian Hit by a Vehicle?
If you’re injured while crossing the street, you may still be eligible for compensation, but your share of liability in the accident is crucial. In Georgia, as long as you're less than 50% at fault, you can still receive personal injury benefits. However, your compensation may be reduced based on your level of liability.
For example, if you were texting while crossing and are found to be 20% responsible for the accident, your compensation may be reduced by 20%. So, if you were seeking $20,000 in damages, you would only receive $16,000.
What Should You Do If You Hit a Pedestrian?
If you're involved in a car accident with a pedestrian, it's crucial to remain calm and take the right steps immediately. First and foremost, stay at the scene. Leaving, even if you believe you aren’t at fault, could lead to serious legal consequences and make it appear as though you have something to hide. By staying put and waiting for law enforcement to arrive, you help ensure a thorough investigation and provide both your side of the story and the pedestrian's.
Next, call the police right away to report the accident. They will document the incident, which will be critical in determining fault or liability later. This report will also serve as an important piece of evidence if a personal injury claim arises.
Be cooperative and honest when speaking with the police. Whether or not you believe you're at fault, your behavior can significantly impact how liability is perceived. Keeping "clean hands" by being cooperative and forthcoming helps avoid unnecessary suspicion. If you're not liable or if liability is reduced, it's important to demonstrate that you acted responsibly from the start.
Conclusion
Being involved in a pedestrian accident or suffering a personal injury in Georgia is a challenging experience. However, knowing the immediate steps to take, understanding your legal options, and having a skilled attorney by your side can make a significant difference.
The Edmonson Law Firm is committed to guiding you through every stage of the recovery process, ensuring that your rights are protected and that you receive the compensation you deserve.
If you or a loved one has been involved in an accident, don't hesitate to take action. Contact The Edmonson Law Firm for a free case assessment. Call us at (678) 271-9111, book online, or fill out our hassle-free injury questionnaire to get started. Our team is here to help you secure the justice and compensation you need to move forward.
Disclaimer: Please remember that this post offers a general overview and should not be considered as legal advice. Always consult with an attorney with the experience necessary to secure fair compensation for you.
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