We have handled a number of cases involving clients who were severely injured while crossing both within a cross walk and outside of a cross walk. Despite popular belief, there are times when an injured pedestrian may recover for the negligence of a driver even if the accident does not happen within the confines of the cross walk. The rights and duties of pedestrians in Georgia are outlined below.
Ga. Code § 40-6-92.
(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway unless he has already, and under safe conditions, entered the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway if he uses the roadway instead of such tunnel or crossing.
(c) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
(d) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices. When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
While all pedestrian should cross in crosswalks when possible, there are many situations will lend themselves to crossing at point in the road other than in a crosswalk (such as where, for example, there is no crosswalk within a reasonable vicinity).
While crossing in a cross walk, a pedestrian must yield to vehicles which are already in the intersection or close to it, unless the pedestrian has already entered the roadway, in which case it is up to the vehicle to yield to the pedestrian.
The laws in Georgia are clear regarding who has the right of way when it comes to pedestrians and vehicles upon the roadway. If the pedestrian is already in the roadway, than the vehicle must yield to the pedestrian. However, “it a matter of principle” is not something that should come into play in these situations, since, if you’re the pedestrian and you are struck by a negligent automobile driver, your injuries will almost always be catastrophic and life-impairing. It is always better to yield and live to talk about it another day then to stand on principle and jut out into the street and into the path of a speeding car.
Attorney Robert J. Fleming has been handling wrongful death cases, automobile pedestrian accidents, personal injury cases, dental malpractice and medical malpractice lawsuits for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 20 years in and around Atlanta, Georgia and its surrounding areas, including Alpharetta, Austell, Avondale Estates, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously injured and would like quality legal representation, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.