Pedestrian Injuries

Determining who is negligent in pedestrian cases can be tricky. Many factors must be taken into account: Were you paying attention to traffic when you crossed? O.C.G.A. § 40-6-90. Were you jaywalking or crossing in a designated crosswalk? O.C.G.A. § 40-6-91. Did the car run a red light? If possible, you should try to get witnesses who can verify your account of the accident.

In general, pedestrians have the right of way, unless they cross the street in non-designated areas or against crossing signals. O.C.G.A. § 40-6-91. If a child is the one who ran out into the street, and if there is a school or playground nearby, the driver may have been aware that children were in the area. This can be used to show the driver wasn't taking proper precautions to avoid an accident. In addition, it may be possible to show that the child wasn’t properly supervised or that adequate crossing assistance was not provided.

A third party can also be responsible in pedestrian accidents. If a crossing signal or traffic light malfunctioned, it may be possible to hold the municipality responsible for failing to adequately maintain or repair the light

In all automobile accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries.