Establishing liability is an essential first step toward financial recovery when you have been injured in a pedestrian accident, as the responsible party should pay for the damages you sustained. However, figuring out who contributed to the accident helps determine how to pursue compensation after an accident and whether damages are likely.
While drivers are responsible for watching out for pedestrians even in areas where they do not have the right of way, motorists are not automatically responsible. Multi-vehicle collisions could mean that a third party is at fault, and manufacturing defects, mechanical failures, and other issues could also lead to a third-party sharing liability in Gainesville pedestrian accident cases. By talking to a diligent pedestrian accident attorney at Smith Hulsey Law, you could get advice about your potential remedies and understand how to proceed with your claim.
In most cases, drivers are liable for pedestrian accidents. Even when a pedestrian fails to yield the right of way, the driver is still responsible for stopping if they can safely do so. Georgia Code Annotated § 40-6-91 discusses pedestrian right of way but does not provide an absolute right of way. On the contrary, pedestrians only have the right of way in designated and undesignated crosswalks and do not always have it at those crosswalks as traffic signals indicate whether it is okay for them to proceed. They also cannot step into a crosswalk when an oncoming vehicle does not have time to stop for them. However, once a driver is in the street, whether or not they are in a crosswalk, a driver should stop to avoid hitting them whenever possible.
Georgia law does not prohibit the practice commonly known as jaywalking, which involves walking into the street in places other than crosswalks. It is perfectly legal for pedestrians to walk in the street, in any location. However, they must yield the right of way to drivers, bikers, and cyclists in Gainesville, which can complicate liability in pedestrian accident cases.
While drivers are usually responsible for looking out for pedestrians, there are some scenarios where a pedestrian’s negligent behavior can lead to responsibility. Dashing into the road when a driver cannot stop could make a pedestrian responsible for their injuries. Additionally, entering a crosswalk when the “Don’t Walk” signal is on can result in liability. Just like driving, biking, or cycling while drunk can lead to accidents, so can walking while drunk.
Sometimes, a non-driver third party could be liable for injuries in a pedestrian accident. If a person’s failure to maintain their property caused a pedestrian to fall into the street in Gainesville, they may be liable for the accident. If construction, failing traffic lights, or poorly maintained public property led to the accident, then a city, county, or state agency may be responsible for the injuries.
There is always the possibility that a third party’s willful activity could lead to a pedestrian accident. The most obvious example would be if someone intentionally pushed a person into traffic.
Establishing liability in Gainesville pedestrian accident cases depends heavily on the circumstances. An experienced attorney from Smith Hulsey Law could evaluate the circumstances to provide information about who may be at fault.
Our lawyers have a history of getting successful pedestrian resolutions, including three million dollar-plus awards in the last three years. Our seasoned legal team could help you determine how to seek compensation for your injuries. Schedule a consultation with our tenacious lawyers today.
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