Pedestrian accidents can affect any person who is walking, jogging or simply standing when they become tangled in an accident with a vehicle on public roads. But these accidents can occur all over the place — not just at crosswalks.
Negligent drivers can be held accountable for striking a pedestrian on the road or in a parking lot, or even when simply backing out of their driveway. An Alpharetta personal injury lawyer can help you hold these drivers accountable and seek the compensation you deserve. Regardless of your situation, we’re here to review your case and help you figure out the best path forward.
Reach out to our team today to schedule your first free, confidential case evaluation (with no obligation). At the CEO Lawyer Personal Injury Law Firm, we’re here to help you tackle the difficult road to recovery, and we can help you protect your rights along the way.
Call us at (470) 323-8779 or contact us online today to discuss your options.
Working With an Alpharetta Pedestrian Accident Attorney
Last year, nearly 7,500 pedestrians were killed across the United States. In Georgia alone, 340 pedestrians were killed after fatal accidents, including 14 more deaths than the previous year, with 321 pedestrians killed in 2021.
So, with pedestrian deaths on the rise, it’s more important than ever to make sure that you’re protecting your rights as a pedestrian after an accident with a motor vehicle. While you may feel isolated by the complications that come with navigating the confusing road forward, keep in mind that Georgia has one of the highest pedestrian fatality rates in the country, so it’s important to hold negligent drivers accountable for any accident they cause.
Our attorneys fight for your legal right to seek reasonable compensation for all damages you have suffered. We will help you find the care you need and then file a claim for all medical costs and other losses.
Reach out to us to get an all-important assist for your pedestrian accident injury claim.
What Are the Different Types of Pedestrian Accidents?
Pedestrian accidents can happen in a wide range of places under a wide range of circumstances. Here are some of the most common examples:
- Crosswalk Accidents: These accidents occur when pedestrians are struck by vehicles while legally crossing the road at designated crosswalks. Drivers are required to yield the right-of-way to pedestrians in these areas, and your lawyer can help hold them accountable for their negligence.
- Sidewalk Accidents: Unfortunately, even pedestrians on sidewalks can still be vulnerable to accidents caused by vehicles leaving driveways, reckless cyclists, or especially unruly drivers.
- Parking Lot Accidents: In busy parking lots, disaster may strike when drivers fail to watch for people walking to and from their cars. These accidents often involve slow-speed collisions but can still result in injuries.
- Intersection Accidents: Intersections are frequent sites for pedestrian accidents, especially when drivers fail to yield, make illegal turns, or disobey traffic signals. Pedestrians may be crossing the road or walking alongside it when these incidents occur.
- Hit-and-Run Incidents: Hit-and-run accidents involve a driver who flees the scene after colliding with a pedestrian. These cases present their own unique challenges but are especially important to follow up on.
- School Zone Accidents: These accidents occur near schools and often involve children or young students. Drivers who fail to obey reduced speed limits or stop for school buses are putting children at risk.
- Public Transportation Accidents: Pedestrian accidents can happen at bus stops, subway stations, or light rail platforms when passengers are boarding or disembarking. Negligent drivers may collide with commuters in these areas, but they’re still considered pedestrian accidents.
- Pedestrian Collisions in Unmarked Areas: In some cases, pedestrians may be involved in accidents while walking in areas with no designated crosswalks or sidewalks. These incidents often hinge on right-of-way disputes and can be complex to resolve.
- Construction Zone Accidents: Construction sites often disrupt pedestrian pathways, and accidents can happen (seemingly) out of nowhere while pedestrians are simply trying to navigate these confusing zones — especially when drivers fail to exercise caution or follow detour signs.
Pedestrian accidents are far from rare — and there are many laws, rules and legal codes in place to protect you from them.
Pedestrian Accidents: Understanding Local Laws and Regulations
In Alpharetta, both pedestrians and drivers should take the time to learn the laws that govern pedestrian accidents. These laws and legal codes were put in place to ensure each party’s safety and help establish responsibility when damages occur.
So, let’s break down some of Alpharetta’s key pedestrian laws and how these intersect with Georgia’s state regulations.
Alpharetta Pedestrian Laws
- Crosswalk Regulations: Alpharetta, like many municipalities, has specific rules governing crosswalks. Pedestrians generally have the right-of-way when they are within a marked crosswalk or at an unmarked crosswalk at an intersection.
- Right-of-Way Rules: Drivers must yield the right-of-way to pedestrians at crosswalks and intersections. This means coming to a complete stop and allowing any pedestrians to cross safely.
- Pedestrian Signals: Alpharetta may have pedestrian signals at certain intersections, so it’s important for both drivers and pedestrians to know these signals, as they indicate when it’s safe to cross.
Georgia State Laws
- Comparative Negligence: Georgia follows a comparative negligence system, which means that if both the pedestrian and the driver share responsibility for an accident, each party’s compensation may be adjusted accordingly.
- Statute of Limitations: In Georgia, the Statute of Limitations provides the limited timeframe within which a pedestrian (or driver) can file a personal injury lawsuit. In most cases, this will be two years, but you should file your claim as soon as possible to keep the ball rolling.
- Insurance Requirements: Georgia drivers are not allowed to operate a vehicle unless they have (at least) the following in liability insurance coverage: $25,000 per person and $50,000 per accident in bodily injury coverage, and $25,000 per accident in property damage coverage.
Relevant Legal Codes in Georgia
- Georgia Code § 40-6-91: This code outlines the rules for pedestrians’ right-of-way at crosswalks. It specifies that drivers must stop and yield the right-of-way to pedestrians in marked crosswalks, as well as at unmarked crosswalks at intersections.
- Georgia Code § 40-6-93: This outlines the duty of care that drivers owe to pedestrians on roadways and stipulates that drivers must exercise due care to avoid colliding with pedestrians — as well as must their horn when necessary to give warning.
- Georgia Code § 40-6-144: This code pertains to pedestrians who are walking along roadways. When sidewalks are not available, pedestrians are advised to walk on the left side of the roadway or on the shoulder, facing oncoming traffic.
- Georgia Code § 9-3-33: Here, you’ll find the specific statute of limitations for personal injury claims in Georgia. As noted, it typically allows two years from the date of the accident for an injured party to file a compensation-seeking lawsuit.
Understanding these rules, legal codes, and regulations is essential because they define the rights and responsibilities of both pedestrians and drivers. They also establish guidelines for safe conduct and set time limits for taking legal action.
That said, you can’t be expected to know them all on your own, which is where your pedestrian accident attorney comes in. Our team can help you use these laws to your advantage when needed to ensure you’re building the strongest claim possible.
Understanding Liability in Pedestrian Accidents
Determining liability in pedestrian accidents is a critical part of the legal process. ‘Liability’ refers to who is legally responsible for the accident and its resulting injuries. In Alpharetta and throughout Georgia, establishing liability relies on several factors:
- Driver Liability: In many cases, the driver of the vehicle involved in the accident will bear the mass of the responsibility for the accident. If the driver failed to yield to the pedestrian’s right-of-way, was speeding, driving under the influence, or engaged in other distracted driving behaviors, they may be found negligent and thus liable for the accident.
- Pedestrian Liability: While pedestrians generally have the right-of-way, they must also exercise reasonable care for their safety. If a pedestrian’s actions contributed to the accident, such as jaywalking or darting into traffic, they may share some degree of liability. Notably, Georgia follows a comparative negligence system, where compensation is adjusted based on the degree of fault of each party.
- Shared Liability: Sometimes, both the driver and pedestrian may share fault for the accident. For example, if a pedestrian was crossing against a traffic signal, but the driver was speeding, the court may apportion liability accordingly. This is where comparative negligence will be especially important.
- Establishing Negligence: Proving negligence is the key to establishing liability. In any personal injury claim, this will involve demonstrating that the responsible party breached a duty of care owed to the other, which then directly caused the accident and resulted in any relevant injuries.
How to Find a Alpharetta Pedestrian Accident Law Firm
If you’ve been involved in a pedestrian accident — whether as a pedestrian or a driver — be sure to reach out to our team today. We can review all of the factors involved in your specific situation to ensure that you’re not leaving out any key information and filing the strongest claim possible.
We can also work with you and your loved ones to ensure that your rights are protected throughout the entire process so you can focus on recovering from your accident.
So call our team today at (470) 323-8779 or contact us online to see how we can help you choose the best path forward. At the CEO Lawyer Personal Injury Law Firm, we’re here to help Alpharetta residents build a better, safer community.