Jaywalking is illegal in Georgia, though it is not a legally recognized term in Georgia law.
The complex matter can play a significant role in a personal injury claim you file with the assistance of a Duluth pedestrian accident lawyer.
Understanding Georgia’s Laws on Pedestrians and Jaywalking
As noted, Georgia law does not specifically use the term jaywalking, but it does recognize the act of jaywalking – a person crossing the street outside of a crosswalk. However, Georgia law does make this process a bit more confusing than you may expect. The key to remember here is that crossing the street anywhere is allowed, even outside of a crosswalk, as long as the pedestrian yields to traffic when doing so.
The law notes that drivers must cross the roadway at intersections diagonally unless authorized by a traffic-control device otherwise. Pedestrians must cross in accordance with the traffic-control device in those situations. In short, pedestrians should take the crosswalk in most situations, but in any situation, they should not be struck by a driver just because they were not in the crosswalk.
A pedestrian is not allowed to cross the road at any point without warning. In situations where a car can yield, it should do so instead of striking or trying to go around the pedestrian. Every case can be vastly different in these areas, and that in itself can be confusing if you are hurt in an accident.
Who Has the Yield the Right of Way Is Critical
Under Georgia law, pedestrians must yield the right of way to any traffic that is approaching them unless they were already crossing the road at that time due to prior safe conditions.
When it is unrealistic to believe that a car could stop or avoid a pedestrian, and the pedestrian enters the street, the driver may not be guilty. If the person is already on the crosswalk or the street, the driver must yield to the pedestrian.
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How to Prove the Driver Is at Fault
If you were struck by a car as a pedestrian while crossing the street outside of a crosswalk, it may be hard to prove that you were not at fault. In order to hold the driver accountable, you must be able to show that they should have stopped and failed to do so, according to “What GA codes say about pedestrians.” Some examples of evidence that may help you prove that include:
- Reckless driving: Demonstrate through evidence the driver was operating recklessly. This may include speeding, running a red light, or otherwise failing to abide by the laws of the road.
- Distracted driving: The use of a phone or otherwise engaging in activities that are unsafe could have distracted the driver enough that they missed the pedestrian.
- Intoxication: If the driver was using alcohol or drugs at the time of the accident or was impaired due to the presence of prescription medications, medical reports could confirm this.
Proving a driver struck a pedestrian is not necessarily difficult if you can show that you did not just jut out into traffic. Witness statements, videos of the area from security cameras, and accident reconstruction tools may be able to demonstrate what occurred, and all should be done with the help of a Duluth personal injury lawyer. Proving this shows that even if you were jaywalking in Georgia, the driver had the responsibility to stop, but they failed to do so.
A Wide Range of Evidence May Be Available
You may be able to find a range of evidence to back up your claims, such as dashcam footage, police reports that document the incident, witness statements, traffic signal data, text messages being sent while the driver was behind the wheel, or other evidence may be available through the help of your attorney.
By hiring an attorney, you may be better able to exhaust all potential elements of evidence to prove your case regarding jaywalking in Georgia.
Comparative Negligence Laws in Georgia
If the police or court determines that you were partially at fault for illegal jaywalking in Georgia, you may still be able to file a claim for the losses you have reduced by the percentage of fault you maintain. The assignment of fault is based on many factors, including police determinations of what occurred. When split between the driver and the pedestrian, it is expressed as a percentage, such as 30% to 70%, with the pedestrian responsible for 30% of the loss and the driver 70%.
Under Georgia’s law, you can seek compensation for your injuries as long as you do not hold the majority of the fault in the case. This means you must show that the other party was at least 51% at fault, at which point you could recover up to 49% of your damages. The amount of loss you suffered is reduced by the percentage of fault you have.
Your Duluth car accident lawyer will help you prove that you were not at fault, using the same type of evidence as above when possible, such as witness statements and police reports. By working with an attorney, you have an opportunity to significantly improve your ability to prove you were not at fault or potentially to reduce the percentage of fault applied to your situation, therefore increasing the amount of your damages. If you have 51% or more of the fault in the case, as determined by the court, you cannot seek damages for your losses at all.
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Working With a Legal Team Can Be Critically Important in Jaywalking Accidents
It is not always possible to find substantial evidence to prove a pedestrian or a driver is at fault in a jaywalking case, but with the experience of an attorney, you have a better opportunity to do so.
At Slam Dunk Attorney, our pedestrian accident attorneys are committed to working hard to recover all of your damages and minimize any assignment of fault in your case. Contact us for a free consultation to learn more about Georgia jaywalking laws.
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