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Henry County Pedestrian Accident Lawyer

Pedestrians can experience disastrous consequences when they are involved in an accident on the road. Fortunately for pedestrians, laws in the state of Georgia may provide rights and protections for pedestrians who have been injured after being struck by a car or truck.

If you have been injured in an accident while walking on the road, a Henry County pedestrian accident lawyer could help you navigate the legal system and seek compensation for your injuries and losses. If the accident was a result of the other person’s carelessness, a skilled personal injury attorney could help you hold the responsible party accountable.

Georgia Pedestrian Accident Laws

Under the Official Code of Georgia Annotated § 40-6-91, pedestrians always have the right of way when following signs or signals at a designated crosswalk. This means all motor vehicles are required to stop completely at the crosswalk and allow the pedestrian to cross the road completely.

However, there are situations in which a pedestrian could be held liable for an accident. A Henry County pedestrian accident lawyer could help a claimant understand and potentially mitigate a situation if:

  • The pedestrian suddenly left the side of the road and entered the road in a manner that made it unsafe or impractical for a driver to stop
  • The pedestrian failed to cross at a properly marked crosswalk and also crossed at a point in the road where adjacent intersections with traffic signals were present
  • The pedestrian failed to cross at a designated crosswalk and failed to yield the right of way to motor vehicles on the road, specifically when a pedestrian tunnel or overhead crossing was provided

While “jaywalking” is technically not an offense under Georgia law, pedestrians cannot cross a road unless a traffic signal is present that allows for crossing. Pedestrians who are not attempting to cross a road should use sidewalks where possible or stay as close to the curb as possible.

Determining Liability

Specific rules apply to pedestrians crossing the road, but there are additional considerations in determining liability if the pedestrian was simply walking alongside the street. Generally, Georgia’s modified comparative negligence system is used to determine liability, which means the liability of each party is based on the percentage of fault of the parties involved.

The plaintiff can recover compensation if they are deemed partially responsible for the accident, but the fault attributed to them must be no more than 49 percent. The amount of compensation they may be rewarded is then reduced by the percentage of fault attributable to them.

There may be additional factors beyond fault that determine liability as well. For example, a poorly maintained sidewalk or roadway could have partially caused the accident, meaning the property owner responsible for maintaining the sidewalk or even the government (in the case of poorly maintained roads) could be held liable. Get in touch with a Henry County pedestrian accident lawyer for more information.

How a Henry County Pedestrian Accident Attorney Can Help

Being involved in a pedestrian accident can be frustrating, especially if you have been seriously injured in the accident. If you believe the accident was caused by another party, you may want to contact one of our Henry County pedestrian accident lawyers to begin the process of filing a personal injury claim. Seasoned attorneys could begin advocating on your behalf for fair compensation for your financial losses and pain and suffering today.