What is a Pedestrian?
A pedestrian is anyone walking on a sidewalk or road. Most of the time, this includes joggers, students walking to school, or people out for a walk. It also includes people in wheelchairs and small children on scooters or tricycles. Basically, a pedestrian is anyone on the road, not in a car.
Accidents involving pedestrians are incredibly dangerous. They tend to be more severe than other kinds of accidents because even a slow-moving car can cause significant damage to a pedestrian. Almost all pedestrian accidents cause injuries, and many can even be fatal. In addition, many of these accidents involve children, which can make them especially tragic.
The law treats accidents with pedestrians the same way it treats accidents between cars. The accident victims have the right to recover compensation for all their medical bills and other losses. The insurance companies will determine who was at fault for the accident, and they will have to cover the damages.
Who is at Fault in a Pedestrian Accident?
Even though pedestrians are meant to have the right of way, it doesn’t mean they are never at fault for a pedestrian accident. Pedestrians who cross the street illegally or run into a roadway without warning may be partly or fully to blame for an accident, even if they suffer severe injuries. Cell phones are also a common cause of accidents involving pedestrians because the driver, the pedestrian, or both parties are distracted by them.
Sidewalks are not always a factor when determining fault in a pedestrian accident. There are roads without sidewalks in every GA town, but it is usually still legal for pedestrians to walk along the side of the road. Who is to blame depends on the specifics of the accident, whether there were sidewalks and marked crosswalks, and how careful each person was.
What if the Pedestrian is at Fault for the Accident?
If the pedestrian is at fault in an accident, they might be responsible for the driver’s expenses, such as car damage and lost wages. But this isn’t very common. Most of the time, the driver is at least partially responsible for an accident with a pedestrian. This is because drivers are expected to uphold their duty of care and watch out for pedestrians, and yield to them.
Bicycle accidents are often handled the same way as pedestrian accidents, except bicyclists are supposed to follow many of the same rules as cars.
Contact the Pedestrian Accident Lawyers at The Brown Firm
If you or someone you care about was hurt in a pedestrian accident, either as a pedestrian or a driver, you should talk to the experienced attorneys at The Brown Firm. Our attorneys offer free consultations to accident victims in Georgia and South Carolina. Call 800-529-1441 to discuss your legal options with our personal injury team today!
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