Liability in Norcross Pedestrian Accident Cases
Pedestrian accidents, unfortunately, occur when one or more parties are not paying proper attention or acting with appropriate caution. One split second of distraction can mean the difference between a close call and serious consequences.
After getting hit by a car, an individual may have difficulty paying for expenses such as medical bills, rehabilitation costs, especially if this person is forced to take time off of work. If a negligent driver struck you with their car, you may be able to hold them liable for damages.
However, liability in Norcross pedestrian accident cases can become complex. An experienced attorney could provide you with a clearer understanding of your legal situation and the rights you may have.
Who Can Be at Fault in a Pedestrian Accident?
In Norcross, a court generally places liability on the party that acted negligently at the time of the pedestrian accident. Sometimes, in these cases, the driver is found to be at fault because they failed to give the pedestrian the right of way. According to Official Code of Georgia Annotated §40-6, pedestrians have the right of way:
- Crossing the street at a crosswalk
- On sidewalks
- On the shoulder of the road when no sidewalk is available
- On the outside edge of a roadway if there is no shoulder or sidewalk
Regardless if someone is doing something that is expressly prohibited, such as walking against a traffic signal or jaywalking, drivers have a legal obligation to exercise due care to avoid hitting someone with their car per O.C.G.A §40-6-93. It is important to note that in these scenarios, that a court may consider this person partially at fault if they were hit by a car.
This law requires drivers to exercise caution when traveling near pedestrians. Motorists should sound their horn to warn pedestrians and avoid anyone visibly incapacitated, intoxicated, or confused.
When a Pedestrian May Be Liable
Liability may not always rest on the driver. Pedestrians have some obligations to drivers. For example, even if using the crosswalk, someone cannot merely step in front of a moving vehicle such that the driver could not possibly avoid the collision. Additionally, if an individual was intoxicated at the time of the collision, they could be partially at fault for their injuries.
When a pedestrian is partially liable in a Norcross accident case, this could impact their recovery. State law follows a partial comparative negligence rule, meaning that a party can recover damages so long as they are 49 percent or less at fault for the incident.
If an injured claimant is partly to blame for their accident, the court may reduce their compensation by their percentage of fault. A lawyer could help a claimant build a claim so that they are still able to recover if they are contributorily negligent.
Consult a Norcross Attorney Liability in Pedestrian Accident Lawsuits
If you or a loved one experienced injuries due to a collision with a motor vehicle, you should seek the professional advice of an attorney. With the help of an experienced legal ally, you may learn more about your case, and potentially gain an advocate to strive for a positive resolution on your behalf. To learn more about liability in Norcross pedestrian accident cases, reach out today for a consultation.