Drivers in Gainesville and across Georgia must yield the right-of-way to pedestrians anytime they see someone on foot using a crosswalk. According to Georgia statutes, this right-of-way is granted any time a pedestrian is on the motorist’s side of the street. Drivers may only proceed once the pedestrian has entered the other half of the road.
Georgia State Law and a Pedestrian’s Rights
Georgia law is clear on how pedestrians’ safety is prioritized on all roads, especially in crosswalks. Crosswalks are present at most intersections, even if they aren’t marked off with paint or signs.
Drivers should slow down with they see someone on foot, or in a wheelchair, nearing a crosswalk, even if they have a green light. Drivers should make a full stop anytime someone is in a crosswalk.
Article 5 RIGHTS AND DUTIES OF PEDESTRIANS § 40-6-91. Right of Way in Crosswalks:
“(a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subsection, “half of the roadway” means all traffic lanes carrying traffic in one direction of travel.”
The Georgia Governor’s Office of Highway Safety (GOHS) goes further on the subject of when vehicles that have stopped for a pedestrian may proceed. Drivers must wait until the person on foot has passed and has clearly begun to cross the opposite lane of traffic. They may not go, even if there’s room to do so, until the pedestrian is safely to the other side of the intersection.
Pedestrians also have a legal duty to prevent accidents. They must not put the driver in a position where a collision can’t be avoided.
“(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield.”
What If I’m Crossing the Street Outside of a Crosswalk?
Drivers can still be held legally responsible and liable for any accidents and injuries they cause by striking a pedestrian crossing the street and not using a crosswalk. Drivers are held to a higher degree of responsibility due to the vulnerability of pedestrians when compared to someone in a fast-moving, heavy vehicle. Drivers must slow down and do everything possible to avoid a pedestrian, even if the pedestrian is crossing in a dangerous place.
Drivers can still be held financially liable for an accident, even if the pedestrian is crossing the road outside a crosswalk. The GOHS explains that “jaywalking” isn’t a legal term in Georgia and that it isn’t even illegal in most cities as long as the pedestrian yields to traffic.
Motorists may still be charged in an accident with a “jaywalking” pedestrian. The driver’s car insurance could be held accountable for all medical bills and other damages the victim faces.
Talk to a Gainesville Pedestrian Accident Attorney Now
If you’ve been seriously injured in a traffic accident in Gainesville, Georgia, contact Weaver Law Injury Attorneys today. We’ve been serving North Georgia for more than 20 years and continue to advocate for safe trips for all pedestrians and full support for accident victims.
Our Gainesville pedestrian accident lawyers offer a free consultation to review your case and answer your questions. Contact us online to schedule your free consultation. There’s no obligation for this free case review.
And if you feel we can help you secure more for your injury, you don’t need to worry about finding the money to hire an accident lawyer. We don’t earn anything for our services unless we recover money for you. Then our fee comes out of the accident settlement check that a car insurance company must provide to you and your family.
