Key Takeaways:
- Georgia law protects pedestrians—but also holds them accountable for safe behavior.
- Drivers must yield to pedestrians in crosswalks and intersections.
- Pedestrians must use crosswalks and follow traffic signals to avoid citations or shared fault in an accident.
- In a collision, fault can be shared under Georgia’s modified comparative negligence law.
- Hines Law fights for injured pedestrians across Georgia, especially in high-risk areas like Atlanta, Marietta, and Gainesville.
Do Drivers Always Have to Yield to Pedestrians?
Under O.C.G.A. § 40-6-91, drivers must stop and yield to pedestrians who are:
- In a marked crosswalk
- Crossing at an intersection with traffic signals
- Already in the driver’s half of the road (or close enough to be in danger)
- Even if there’s no traffic light, if a pedestrian is crossing legally, drivers must stop.
- Failing to yield can result in fines, points on your license, and civil liability if a pedestrian is injured.
Where Pedestrians Have the Right of Way
Pedestrians have the right of way when:
- Using a marked crosswalk
- Crossing at a 4-way stop
- Following a walk signal
- Walking on the sidewalk or crossing a driveway entrance
In busy cities like Atlanta and Gainesville, crosswalks are often painted but ignored by drivers rushing through turns—this creates a serious danger.
When Pedestrians Can Be at Fault
Pedestrians do not always have the right of way. You can be cited or share blame if you:
- Cross outside a crosswalk (jaywalking)
- Ignore traffic signals (walking against a red light)
- Suddenly enter traffic from between parked cars
- Walk along a roadway where sidewalks are available, but unused
Even if you’re hurt, you may be found partially at fault if your actions contributed to the crash.
Georgia’s Comparative Fault Rule for Pedestrian Accidents
Georgia uses a modified comparative fault system. Here’s how it works:
- You can recover damages if you’re less than 50% at fault.
- Your compensation is reduced by your percentage of fault.
Example: If a jury finds you 20% at fault for crossing outside a crosswalk, and your damages are $100,000, you’ll receive $80,000.
That’s why it’s so important to have a lawyer push back against unfair fault claims from insurance companies.
Common Causes of Pedestrian Accidents in Georgia
At Hines Law, we see pedestrian injury cases caused by:
- Distracted drivers (texting or using GPS)
- Left-turn accidents (drivers don’t see people in the crosswalk)
- Speeding in neighborhoods or school zones
- Failure to yield during right turns
- Delivery vans or rideshare drivers rushing
- Poorly marked crosswalks or no sidewalk access
Pedestrians in high-Latino population areas like Marietta, Jonesboro, and Gainesville are especially at risk because many walk to work, school, or bus stops.
What to Do If You’re Hit by a Car While Walking
If you’re a pedestrian hit by a vehicle:
- Call 911 and get medical help
- Take photos of the car, your injuries, and the location
- Get the driver’s info and license plate
- Write down witnesses
- Do NOT speak with insurance adjusters without legal help
- Call Hines Law immediately
Even if you were partially at fault, we may still be able to win compensation for medical bills, lost income, and pain.
How Hines Law Helps Injured Pedestrians
We’ve helped injured walkers and families recover six- and seven-figure settlements in pedestrian cases—especially involving:
- Children hit near schools
- Elderly victims crossing near their homes
- Spanish-speaking clients unsure of their rights
- Accidents involving Amazon, UPS, or rideshare drivers
- Hit-and-run pedestrian crashes
- Bilingual team available 24/7
- We serve Atlanta, Gainesville, Marietta, Jonesboro, and beyond
- No upfront cost—you only pay if we win
- We help schedule medical care and protect your immigration status
FAQ – Georgia Pedestrian Laws
If I crossed outside the crosswalk, can I still file a claim?
Yes. You may still recover damages if the driver was mostly at fault. We’ll fight to prove that.
What if the driver says I “came out of nowhere”?
We use witnesses, security footage, and scene analysis to prove that the driver had time to stop or should’ve seen you.
The driver fled the scene—can I still get help?
Yes. We’ll investigate hit-and-run crashes and may be able to file against your uninsured motorist coverage or other resources.
Injured as a Pedestrian? Call Hines Law Today
Don’t let confusion or fear stop you from getting the help you need. Whether you were walking to work, crossing at a crosswalk, or injured with your children—we’re here to help.
- Call or WhatsApp us 24/7
- Free consultation in Spanish or English
- Offices across Georgia—from Atlanta to Gainesville
- No win = no fee
Yo Soy Tu Abogado. If you walk, we walk with you—until justice is served.