If you were injured in a pedestrian accident which someone else caused, you could be entitled to recover compensation for related losses, including medical bills, lost income from time off work, and pain and suffering. Unlike motorists, who can depend on safety features like seat belts and air bags to protect them from the force of a collision, pedestrians are often directly impacted during an accident. This can lead to life-altering injuries and exorbitant medical costs.
Most pedestrian accidents can be traced back to some form of negligence. In many cases, driver negligence is responsible, although pedestrians can contribute to accidents as well. If you were hit by a car while on foot, contact Brauns Law Accident and Injury Lawyers, PC today for a free consultation. Our Georgia pedestrian accident lawyers have the resources to help you determine the cause of the accident and bring a strong case against the liable party.
Pedestrian Accident Statistics in Georgia
According to the Georgia Department of Transportation (GDOT), 82 percent of pedestrian deaths occur overnight. Of all pedestrian fatalities, 90 percent happen outside of designated crosswalks.
Motorists are responsible for 33 percent of pedestrian fatalities, and pedestrians are responsible for another 33 percent of fatalities. Nine out of 10 pedestrians who are hit by a vehicle going at least 40 miles per hour are killed as a result.
According to national Centers for Disease Control (CDC) data, 5,977 pedestrians died in traffic-related accidents across the U.S. in one recent year. That means that one pedestrian was killed every 88 minutes. The majority of pedestrian fatalities happen at night, in urban regions, at non-intersection locations.
Causes of Pedestrian Accidents
Both motorists and pedestrians can be at-fault for pedestrian accidents, although as the CDC notes, pedestrians are much more likely to be injured in a collision than occupants of passenger vehicles are. Some of the most common causes of pedestrian accidents include:
- Distracted driving – Distracted driving describes any activity that causes a motorist to take their eyes off the road, hands off the wheel, or attention off the task of driving. Common examples of distracted driving include texting, eating and drinking, talking to passengers, and adjusting the radio.
- Drunk driving – Alcohol and drugs can lead to impairment. Drunk or drugged drivers have difficult properly judging traffic situations and might fail to notice pedestrians walking near the roadway.
- Fatigue – Driver fatigue is also a leading cause of pedestrian accidents. Fatigue mimics the effects of alcohol, inhibiting a driver’s ability to focus and causing them to improperly judge traffic situations. Like intoxicated drivers, fatigued drivers might not see pedestrians or might not notice traffic signage.
- Speeding – The faster a motorist is traveling, the less time they have to react to a pedestrian crossing the street in front of them.
- Failure to obey traffic signage – Failing to stop at stop signs and traffic lights can lead to an accident if pedestrians are crossing at a designated crosswalk.
- Failure to check blind spots when backing up – Many pedestrian accidents occur because motorists fail to check their blind spots when backing out of a parking space or a driveway.
- Failure to stop or slow down at crosswalks – When traffic signage gives pedestrians the right of way to cross at an intersection, oncoming traffic must slow down and stop until they are safely out of the way. Impatient or distracted motorists who fail to slow down may hit crossing pedestrians.
In each of the above scenarios, a motorist would be considered the at-fault party, and could therefore be held liable for the pedestrian’s injuries.
Still, pedestrians are also obligated to walk near roadways in a safe manner and to obey traffic signage. Pedestrians can contribute to traffic accidents through negligent actions such as:
- Being distracted by a phone or other electronic device while walking
- Walking while under the influence of alcohol or drugs
- Listening to loud music while walking
- Ignoring traffic signage at a crosswalk
- Jaywalking (crossing a road illegally)
- Running out in front of approaching traffic
In some cases, a motorist and a pedestrian can both be found liable for a given traffic accident. However, as long as a jury finds the pedestrian to be less than 50 percent at-fault for the accident, they can still recover compensation under Georgia’s modified comparative negligence rule. The amount of compensation they receive will be reduced in portion to the amount of fault they bear for the accident. So, for example, a pedestrian who suffered $100,000 in losses because of an accident for which they were 20 percent at fault could receive $80,000 in compensation.
Pedestrian Safety Tips
Following these pedestrian safety tips can reduce your risk of being involved in an accident while you’re walking near roadways:
- Make yourself visible. Wear bright clothing so that motorists can easily see you. At night, consider wearing reflective gear, such as a reflective vest. The vast majority of pedestrian accidents occur at night, so it is especially important to make sure you are visible to motorists after dark.
- Don’t listen to music through earbuds or headphones. Doing so can block your hearing and prevent you from noticing nearby traffic.
- Use sidewalks when they are available. If they aren’t, always walk on the far left side of the road in the direction of oncoming traffic.
- Don’t get distracted by your phone. Texting or talking while you are walking near roadways can have deadly consequences. You could end up walking right into approaching traffic if you aren’t paying attention to your surroundings.
If you are injured in a pedestrian accident, you should call 911 or have someone else call for you. Law enforcement will make a report at the scene, a copy of which you will need to obtain when you file your insurance claim. If possible, take photos of your injuries and the scene of the accident. You should also collect contact details from nearby witnesses who may be able to give a statement on your behalf at a later date. Finally, you should contact an experienced attorney to help you pursue the financial relief you need to get your life back on track.
Contact a Georgia Pedestrian Accident Lawyer Today
Were you hit by a motor vehicle while walking on foot? If so, contact a Duluth pedestrian accident lawyer at Brauns Law Accident and Injury Lawyers, PC today for a free consultation to discuss the details of your case.
