According to the
National Highway Traffic Safety Administration (NHTSA), there were 76,000 pedestrian accidents during 2012. When most
people consider a pedestrian-motor vehicle accident, they generally imagine
a situation in which the pedestrian is the victim of a careless driver
who failed to yield the right of way.
In many cases, this is exactly what occurs, sometimes resulting in serious
injuries that could affect a person for the rest of his or her life. Sometimes,
however, pedestrians are actually the party at fault for causing an accident.
While there is little risk that vehicle occupants will be injured if the
vehicle in which they are traveling hits a pedestrian, it is possible
that a pedestrian may negligently cause an accident between two or more vehicles.
If this is the case, it is possible that the injured parties may be able
to recover for their losses by bringing a claim against the pedestrian.
While this situation is fairly rare, it does occur. As a result, it is
important for anyone who has been involved in an accident that occurred
as a result of trying to avoid hitting a pedestrian to discuss their options
with an experienced
Atlanta injury attorney as soon as possible.
Our lawyers are dedicated to helping people who have been injured by the
negligence of others obtain justice through the Georgia civil courts.
To schedule a free consultation with one of our experienced personal injury lawyers,
call Goldstein & Hayes, P.C. today at (404) 869-8600.
Examples of pedestrian negligence
There is a common misconception that pedestrians always have the right
of way. Legally, this is not the case. While pedestrians have the right
of way when they are in a crosswalk, the
Georgia code also prohibits pedestrians from leaving a curb or other place of safety
into the path of a vehicle when it is impractical for the driver to yield.
Of course, this does not give drivers the legal authority to simply run
into pedestrians who are in the road, as that itself would likely be deemed
negligent, if not criminal. Some examples of the types of pedestrian negligence
that has the potential to cause a car accident include the following:
- “Dart out” incidents
- Walking into the street intoxicated
- Walking where pedestrian access is prohibited, such as on highways or bridges
After a car accident, significant investigation may be required in order
to determine who was at fault. Often, the assistance of an attorney can
have a significant impact on your ability to recover as well as the amount
that you ultimately receive, if any. It may be necessary to obtain evidence
in the form of surveillance videos, eyewitness testimony, police reports,
or even the opinion of an accident reconstruction specialist.
In many cases, significant resources and legal maneuvering may be necessary
in order to obtain this type of evidence, a process which is best handled
by an attorney. Consequently, anyone involved in a car accident which
they suspect was caused by a negligent pedestrian should discuss their
options with an experienced
Atlanta car accident lawyer as soon as possible.