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Home » Driver vs. Pedestrian Collisions and Cases

Driver vs. Pedestrian Collisions and Cases

December 18, 2020 GA Injury Advocates

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In Georgia, They’re More Complicated Than You Think!

In This Issue: Who Wins in the Case of Driver vs. Pedestrian?

Driver vs. Pedestrian Collisions and Cases

If you get hit by a car, you might think your case against the driver for your injuries, loss of wages, and diminished quality of life is open and shut, but that’s far from the truth. According to a handful of statutes in Georgia law, cases of drivers versus pedestrians can go either way, depending on the specifics of the situation that led to the accident.

According to the 2018 Fatal Motor Vehicle Crashes report released by the National Highway Traffic Safety Administration (NHTSA), while the total number of Georgia traffic deaths has decreased for two straight years, the number of pedestrian deaths in the state has gone up for a third straight year. There were 261 pedestrian fatalities in 2018, which is eight more than the 253 that occurred in 2017. Pedestrian deaths in Georgia have increased by 60 percent over the last five years.

Walking or Running on the Side of the Road

If there is a sidewalk alongside the road, then pedestrians are required by law to use it for walking and running. If there is no sidewalk, then you have to run or walk on the shoulder, as far away from the road as possible while not causing harm to yourself. If the road has no shoulder, then you should run or walk as close to the outside edge of the road as possible, always moving against traffic when the road has two lanes.

If a pedestrian is walking in the road, then they have to yield the right of way to any cars they encounter. However, this rule does come with a few stipulations and exceptions. Georgia drivers do have to exercise caution to avoid hitting pedestrians and warn them of oncoming traffic by honking their horns.

According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration, pedestrian fatalities occurred overwhelmingly after dark (76 percent), when many pedestrians had some alcohol in their systems (38 percent), and were not at intersections (74 percent; i.e., crossing in the middle of a street or road).

Pedestrians Involved in Fatal Accidents: Marietta vs The State of Georgia

fatal accidents pedestrians marietta ga

Crossing the Road With and Without a Crosswalk

Drivers must yield to pedestrians when they are crossing the road at designated crosswalks, at least until they are done crossing the half of the road that the driver is using. However, if the pedestrian steps in front of a moving vehicle and leaves no time for the driver to properly yield, then the fault of the accident lies with the pedestrian.

Contrary to popular belief, it is actually perfectly legal to cross the road where there is no crosswalk, provided a few things are true. First, you have to yield to any oncoming traffic before crossing. Second, at intersections where traffic signals are operational on both sides of the street, you can’t cross anywhere except at the intersection itself. Third, you can’t cross the street diagonally — you must cross between the closest two points on either side of the street unless otherwise indicated by the crosswalk.

Whether you have a case for your accident depends on which of these laws were in play. For help navigating all the different factors, call GA Injury Advocates today at (770) 766-0555.

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Daniel Seidán Boquete
Daniel Seidán Boquete
14:43 21 Jun 22
It's a great staff, who is really engaged with their client's situations
Edwin Aviles
Edwin Aviles
16:38 25 Mar 22
"I don't want to lose my job" something as simple as this, you believe you wont have trouble getting worker Comp from... right ? WRONG the fact that i work even a month with a messed up knee in the job trying everything to keep it and be in good term with the company. I'm toss out. I was so lost in the process cause the fact they're were denying me cause of how late i apply for it and the fact i was still walking was more then enough reason for them to say i'm good. Wasn't having it so i came here cause i didn't know where to look and let me tell you John Paul LaBouff is the go to man/bro/boss whatever guy you need cause he'll make sure the insurance company get a run for there money literally. (Update 9/12 : WE WON I CANT BELIEVE WE WON! after many months that has pass from me being AWOL a bit and him in the background doing as much as he can to do everything he can to not only get me an settlement but to make sure I was ok and honestly the best lawyers to go to for anything not just cause of issue but really would not bat a eye to help as much as possible and I can’t express how much I’m grateful for him and his team to make all this happen. Don’t hesitate to reach out cause it’s one call that they will definitely change your life fr!🔥read more
Tameka Wilburn
Tameka Wilburn
11:47 05 Jan 22
I used their services recently for a workers compensation case. This was the best experience ever. My attorney, John... Paul always returned my calls asap. His team, Ivette, Anna and Daniel were so professional and kind. Please use them they will always help you and even when you're upset they are complete professionals. They also got me way more money than I expected. Thanks so very much guys! God bless you all and your families!read more
antonio patton
antonio patton
04:43 04 Nov 21
Everything about this business is very true. They made sure that I was taken care of and they communicated with me... throughout the whole process. I'm very thankful to have used them as my representatives. They went out and beyond. Thank you.read more
Ashley Williams
Ashley Williams
00:45 26 Jul 21
To be fully honest,  no amount of words can ever express how amazing my lawyer John Paul Labouff has been, as well as ... the best paralegal there is, Ivette Sanchez. They're a unstoppable team who genuinely worked hard on my case, as well as thorough. John Paul even brought in another attorney to advise him on my unique situation.  I will forever be grateful to them, and everyone at GA injury advocates. They worked quickly but carefully and made sure I got every ounce of what i deserved and more.  From a business stance they are air tight.  On a character level, I feel as though they are the type of friends you'd want in your life forever.   Even after my case was settled and their job was done. They were immediately there for me when I had an issue with my bank that I didn't know how to handle. They both were happy to help me sort through the issue, and encouraged me to reach out any time i needed them.I feel choosing anyone else to represent you, would be a mistake.John Paul & IvetteI personally want to say thank you so much again.  You truly changed my life to the betterread more
A Evans
A Evans
15:27 14 Jun 21
I had a wonderful experience with these guys. Made the process super simple for me. Referred me to a terrific... chiropractor after my accident. Worked hard on my case, especially Ivette, she's great.....explained everything to me step by step in great detail. The lawyers are not only very competent but empathetic and personable. I definitely recommend working with this firm.read more
karla avalos
karla avalos
03:46 29 Apr 21
The staff is very friendly and professional. Mrs. Rodriguez makes you feel like a friend. I will definitely recommend... him to family and friends.read more
David Ramirez
David Ramirez
18:37 06 Nov 20
Best car injury attorneys kn atlanta. Got the best deal for case and it was settle quickly. I would highly recomend... them. They do an excellent job. Thanks John and Ivette!!!!read more
Rafael Nieves
Rafael Nieves
00:57 21 Feb 20
GA injury advocates are a very professional Group they go the extra mile to make sure you're Happy. The staff it's very... professional as well Ivette Sanchez is a very special employees I'll use them anytime anywhere.read more
SANI MAMMAN
SANI MAMMAN
14:47 02 Feb 20
Thanks for the job well done. I really appreciate the your service. Best place to go for your accident settlement.... Thanks.read more
Beavers Family
Beavers Family
18:52 20 Sep 19
A big thank you to Rodriguez and Associates for getting me the maximum settlement for my Personal Injury claim. I was... involved in a terrible car wreck on April 1, 2019 and received my settlement on September 18, 2019! Mr. Rodriguez and his wonderful office staff were very helpful during the process and did a great job keeping me informed of the developments during my case. Mr. Rodriguez effectively negotiated the settlement with three different insurance companies in just a matter of months. I couldn’t be happier with the outcome considering the terrible circumstances. I highly recommend GA Injury Advocates. Thanks again so very much!read more
Andy Sanchez
Andy Sanchez
13:55 08 Sep 19
I got information every set of the way, Ivette is great.
Johnny Sanchez
Johnny Sanchez
13:50 08 Sep 19
Ivette does great work, always maintained me updated
Ary Reyes
Ary Reyes
14:01 31 Aug 19
Ivette sanchez stood with me until the end of the process.Kept me updated and informed me until the process was done.... 100% recommended!!read more
Kimberly .mlove
Kimberly .mlove
19:28 28 Aug 19
Ivette Sanchez is amazing!
G H
G H
13:40 04 Apr 19
Ivette is Great!!She’s very attentive and makes sure all your needs are reached. They do everything in a timely manner,... and make sure to keep you updated at all times.You are always able to reach a live person on the phone. Great staff! Highly recommended :)read more
Jose Chaires
Jose Chaires
22:10 18 Feb 19
Mr.Erkic did an amazing job with the way he handle the case.I am happy with the results that came out.He did a... fantastic jobread more
Marilly Alvarado
Marilly Alvarado
18:03 27 Nov 18
They were super amazing ! Erick Lara kept me updated on everything! Every detail i needed to know I was aware of it ! I... recommend this attorney to anyone that gets into an accident !read more
Cesar Montoya
Cesar Montoya
15:05 16 Oct 18
As a customer for years, if you like personalized and exceptional service, this firm is the one to hire. Not only do... they follow up until cases are completed, everyone in the office is a friend. You will not be disappointed.read more
Ray Aguiar
Ray Aguiar
00:54 04 Oct 18
I get requested very often to rate individuals, products and companies. I never really fulfill these requests because I... don't have time, I am not interested, or I don't have a strong reason why! Today I have a good reason and his name is Erick Lara Paiz. Erick the legal assistant with Rodriguez & Associates, a law firm that represented me in a car accident injury. Erick is a very respectful and well spoken person. He is extremely knowledgeable and always more than willing to help. Erik is great with keeping me informed with what is going on with the case. I love the fact that anytime I call with questions on inquires Erick will almost ALWAYS answer. In the event that he doesn't pick up and I leave a message, he calls me back so QUICKLY. Anybody who is looking to hire a law firm to represent them. Please give Rodriguez & Associate a call and ask for Erik Lara Paiz!read more
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