Driver error is one of the most common causes of pedestrian accidents that occur in and around Gwinnett County, Georgia. However, it is not the only cause of these accidents and injuries.
Drivers have a duty to operate their vehicles in a prudent, safe, and careful manner at all times and to obey all traffic rules and laws when driving their vehicles on Gwinnett County roadways, parking lots, and parking garages. Drivers also have a duty to be on the lookout for pedestrians and to yield the right of way to them, especially at crosswalks and other areas of the road specifically designated for pedestrian traffic.
When drivers disregard traffic signals at intersections, run stop signs, speed through neighborhoods (especially where children are present), and fail to use their mirrors in parking lots and parking garages, they significantly increase their chances of colliding with a pedestrian at some point. Even when a motor vehicle collides with a pedestrian at a relatively low rate of speed, the collision can still result in severe injuries for the pedestrian, especially when the collision catches the pedestrian off-guard.
Closely related to negligent motor vehicle operation is distracted driving. Today, almost everyone carries cell phones and other electronic devices with them in their vehicles.
When drivers use these devices to make phone calls, read emails, and send text messages while driving, they are not devoting all of their attention to the road (where it belongs) and are more apt to strike a pedestrian or another motor vehicle, bringing about serious and sometimes debilitating injuries. When a driver turns their head away from the road for just a few seconds, that is often sufficient time for a collision with a pedestrian to occur.
In addition to negligent and distracted driving, intoxicated or drunk driving is also a common cause of pedestrian accidents in the state of Georgia. Georgia statutes establish a 0.08 percent blood alcohol concentration (BAC) limit for most drivers who are 21 years of age or older. Much lower BAC limits apply to minors who are under 21 years old (effectively a zero-tolerance policy) and commercial drivers who hold a CDL.
Drunk and drugged driving is such severe problems because they often impair a driver’s vision, perception, reaction time, and ability to properly and safely operate a motor vehicle. When a driver is under the influence of alcohol or drugs while behind the wheel of a vehicle, they might not see a pedestrian lawfully walking across a crosswalk.
Similarly, the driver might not stop the vehicle in time to avoid colliding with the pedestrian. When an intoxicated driver strikes a pedestrian, the driver is subject to criminal charges, fines, and penalties. A civil lawsuit filed by the injured pedestrian can also name the driver as a defendant in any civil lawsuit in the state court system.
In addition to driver error and negligence, defects present on concrete sidewalks, driveways, parking garage floors, and roadways can lead to pedestrian accidents and civil liability. Serious pedestrian falls can occur, for example, where there is concrete spalling, cracks, and uneven walking surfaces in these areas.
Premises owners have a duty to ensure that these walking areas are free from defects in most cases. Moreover, if a defect does exist, the premises owner has a duty to at least warn about the defect, or better yet, to repair the defect so that it no longer presents a hazard. Depending upon the circumstances, the premises owner can also owe a duty to inspect their premises for potentially unknown defects on the property, and if any exist, to promptly take measures to warn about or correct them.
If you or a loved one sustained injuries in a pedestrian accident that you believe was caused by another person or entity’s negligence, you have legal options that are available to you. The experienced Gwinnett County pedestrian accident attorneys at Brauns Law Accident Injury Lawyers, PC can help you understand all of these options and take legal action against all potentially responsible parties.
