Key Takeaways
- Drivers must yield to pedestrians in marked crosswalks under Georgia law.
- A turning driver is often at fault for crosswalk collisions—but not always automatically.
- The at-fault driver’s insurance typically pays for your injuries.
- Comparative fault can reduce compensation if fault is shared.
- If you were hit anywhere in Metro Atlanta, call 404-226-4236 right away.
Do Pedestrians Always Have the Right of Way?
In Georgia, drivers are required to yield to pedestrians in marked crosswalks and at many intersections.
This applies whether the crash happened in downtown Atlanta, a busy Marietta intersection, near the square in Gainesville, in residential Austell neighborhoods, or along commercial areas in Jonesboro or Dalton.
However, pedestrians must also follow traffic signals and avoid stepping suddenly into traffic when it is unsafe to do so.
The key question in most crosswalk injury cases is:
Was the pedestrian lawfully in the crosswalk when the driver made the turn?
If the answer is yes, the turning driver is often legally responsible.
Who Is Usually Responsible in a Turning Accident?
Left-turn and right-turn collisions with pedestrians are common.
In cities like Alpharetta, Sandy Springs, Norcross, and Lawrenceville—where traffic congestion and frequent turning movements are common—drivers may focus on oncoming vehicles and fail to check for pedestrians.
Common causes include:
- Failing to yield while turning left
- Looking for a gap in traffic but not scanning the crosswalk
- Distracted driving
- Speeding through an intersection
- Rolling through a right turn
If a driver hits a pedestrian while turning and the pedestrian had the right of way, the driver is typically at fault.
Police reports often cite the driver for failure to yield.
However, fault investigations may also consider:
- Traffic signal timing
- Visibility conditions
- Surveillance footage
- Witness statements
If you were hit in a crosswalk in Cumming, Braselton, Doraville, Dunwoody, or surrounding areas, call 404-226-4236 before speaking to the driver’s insurance company.
What Insurance Covers Your Injuries?
In most cases, the at-fault driver’s auto liability insurance pays for your injuries.
This may include compensation for:
- Emergency medical treatment
- Hospital bills
- Surgery
- Physical therapy
- Lost wages
- Pain and suffering
If the driver is uninsured or underinsured, your own auto policy’s uninsured/underinsured motorist coverage (UM/UIM) may apply—even though you were walking.
Insurance coverage issues can become complex quickly, especially in severe injury cases.
What If the Driver Claims You Were at Fault?
Insurance companies sometimes argue that the pedestrian:
- Crossed against the signal
- Entered the road unexpectedly
- Was distracted (for example, using a phone)
- Was outside a marked crosswalk
Georgia follows a modified comparative fault rule.
If you are found less than 50% at fault, you may still recover compensation—but your recovery will be reduced by your percentage of fault.
If you are found 50% or more at fault, you may not recover damages.
Because insurance companies often attempt to shift blame, early legal representation is critical.
Call 404-226-4236 if fault is being disputed.
What Compensation Can You Recover?
Pedestrian injuries are often serious because there is no physical protection.
Victims hit in crosswalks may suffer:
- Broken bones
- Head injuries
- Spinal injuries
- Internal bleeding
Compensation may include:
- Medical expenses
- Future medical care
- Lost income
- Loss of earning capacity
- Pain and suffering
In serious cases, long-term rehabilitation may be required.
Final Thoughts
If you were hit in a crosswalk by a turning driver in Atlanta, Marietta, Gainesville, Austell, Jonesboro, Dalton, or nearby cities like Acworth, Alpharetta, Braselton, Cumming, Doraville, Norcross, Lawrenceville, Dunwoody, or Sandy Springs, you may be entitled to compensation.
In most cases, the turning driver’s insurance pays—but fault disputes are common.
Don’t let the insurance company decide your case alone.
Call 404-226-4236 immediately to protect your rights and your recovery.