Is The Pedestrian Right of Way Always Guaranteed in GA? (PDF)
The Georgia Governor’s Office of Highway Safety states that pedestrians have priority in many cases. Motorists must fully halt and permit them to pass. In the event of an accident caused by a car, those injured may be eligible for remuneration. An attorney specializing in pedestrian accidents can help build a case to secure compensation for medical costs, missed earnings, and other damages.
Pedestrians always have precedence when exiting an alley, driveway, or building. At places where two roads intersect, drivers will commonly be expected to facilitate the pedestrian’s safe crossing. Again, should a motorist strike a pedestrian while going across, they may be held accountable for any injuries that result.
Click here to see more of Pedestrians Georgia Laws.
After a collision, what should an injured pedestrian do?
If a pedestrian gets hit by a car, some considerations could affect their injury claim. The pedestrian should:
- Accept medical attention. A pedestrian has no protection from a motor vehicle’s impact. Even if they can stand and walk away from the scene, they should still accept medical attention. Medical attention may include going to the hospital or visiting a healthcare provider.
- Document everything. If possible, an injured pedestrian should take photos of the accident scene and their injuries. Later, their attorney can use these documents to prove fault and liability.
- Report the incident. By notifying law enforcement of the accident, officers can create an accident report. This document will outline the time, date, and location of the crash, along with other details.
- Consider legal help. Pursuing compensation via an insurance claim or lawsuit can quickly get complicated. Partnering with a pedestrian accident lawyer can reduce the stress on the injured claimant. A lawyer can investigate the collision, calculate the injured claimant’s damages, and advocate for what they need.
- Refrain from sharing information publicly. Pursuing compensation is a sensitive legal matter. Anything you share online (including on social media) could jeopardize your right to damages.
After a collision, pedestrians should also avoid doing many things. For example, they should refrain from giving recorded statements to the insurance company. This could jeopardize their injury case.
The right of way doesn’t always apply to pedestrians
Pedestrians should act with reasonable caution, even if they have the right of way in many situations. For instance, imagine a situation where a pedestrian darts into the road, not giving cars enough time to stop. Because motorists did not have adequate time to stop, the pedestrian could be in the wrong.
Is there a compensation program in Georgia for pedestrians who sustain injuries?
An injured pedestrian may file a claim against the liable party after sustaining injuries in a pedestrian accident. In this case, the injured party can recover damages incurred as a result of their injuries. These are known as recoverable damages, and they refer to the injuries the claimant suffered as a result of the accident.
Economic damages compensate the injured pedestrian for their monetary expenses. The cost of these damages depends on the accident’s circumstances and the injury’s severity. For instance:
- Medical expenses: Medical care costs could include emergency room visits, ambulance rides, hospitalizations, doctor’s office visits, surgeries, medications, and any other medical-related costs.
- Lost income: Suffering serious harm in a pedestrian accident can cause the victim to miss time from work. Financial recovery can account for lost freelance work, bonuses, tips, and commissions. It can also account for any harm to the injured person’s working ability.
- Any out-of-pocket expenses. Each pedestrian accident comes with its own set of recoverable economic losses. For instance, one may require temporary transportation arrangements to and from doctor’s appointments. They may require assistance with basic tasks, such as bathing and dressing. These miscellaneous expenses are recoverable via legal action.
A pedestrian can recover non-economic damages following sustaining an injury, such as:
- Pain and suffering: Injury victims could recover compensation for the physical stress they experienced because of their injuries. Pain can include aches, limitations on activity, potential shortening of life, and anguish.
- Emotional distress: This accounts for any mental suffering from a traumatic experience or event. Signs of mental anguish include anxiety, depression, the loss of ability to perform tasks, post-traumatic stress disorder, or fear.
- Disability. Pedestrian accidents can cause life-altering conditions, such as paralysis. Compensation for disability accounts for the hardship of living with a disabling condition.
If the pedestrian dies as a result of their injuries, their families may be entitled to compensation, in a wrongful death case can include:
- Final medical expenses: A pedestrian may require extensive medical care before their passing, such as life support or various end-of-life services.
- Loss of consortium: Surviving family members could recover compensation for the loss of companionship and support their loved one provided.
- End-of-life services: Any expenses related to laying the decedent to rest, which includes funeral expenses, celebration-of-life expenses, or the costs associated with the burial or cremation.
By reviewing your receipts, invoices, and bills, an attorney can calculate your economic damages.
