Have you recently acquired injuries from a vehicular accident as a pedestrian? The Centers for Disease Control and Prevention reports that, in 2017, approximately 137,000 U.S. pedestrians suffered nonfatal wounds from car wrecks, not counting those not treated by emergency care.
If you suffered nondeadly harm as a result of a crash while you were walking, you may have the option of filing a lawsuit to receive compensation. However, there are some things you need to know about how Georgia determines fault in pedestrian accidents first.
Georgia is a comparative negligence state
This means the court assigns blame in accidents. Full responsibility does not automatically fall on one party; it is often split between parties. Georgia uses something called “modified comparative negligence.” If you bear at least 50% of fault for your own injuries, you do not have the right to compensation.
Pedestrians may be partially at fault
Though it is rare for Georgia courts to declare pedestrians culpable in motor accidents, it does happen. You may bear some liability if the other party proves you did something negligent. This includes walking while drunk, walking in restricted areas, suddenly dashing into the road or other irresponsible behavior.
Pedestrians have right of way in most cases
Drivers are more likely to shoulder the blame because they are legally required to yield to pedestrians. Even if you are jaywalking or run out in front of a car, the driver must do everything in his or her power not to collide with you. This applies even if you are not using a crosswalk.
Georgia favors pedestrians in personal injury cases, but this does not guarantee a win. A court may deny you compensation based on your level of responsibility for the occurrence.