Tucker Pedestrian Crosswalk Accidents
Many pedestrians suffer serious, life-threatening injuries as a result of being struck by a car. One of the most common locations for an accident to take place is at or near a crosswalk.
These accidents typically occur as a result of an inattentive or aggressive driver failing to stop for a pedestrian who has the right of way. An experienced attorney could help you take legal action if you suffered injuries in Tucker pedestrian crosswalk accident.
Common Crosswalk Violations
Every person in a crosswalk has the right of way over oncoming vehicles. According to Official Code of Georgia Annotated § 40-6-91, a motorist who approaches an intersection should stop and allow the pedestrians to cross. Additionally, any motorist who is approaching a vehicle stopped at a crosswalk is prohibited from passing or otherwise going around the stopped car. Tucker pedestrian accidents can happen when any party fails to follow crosswalk regulations.
Failing to Stop
One of the most common violations occurs when a motorist fails to yield to people using a crosswalk. State law mandates that a motorist in such a situation to come to a complete stop and allow pedestrians to pass, even if the pedestrians are not in the driver’s lane.
Turning in Front of or Behind a Pedestrian
It is unfortunately all too common for a motorist to attempt to take a right- or left-hand turn through an intersection with pedestrians present in a crosswalk. This is an illegal and dangerous form of driver behavior that can lead to serious or fatal injuries. A motorist should wait until a crosswalk is clear of all foot traffic before turning.
Blocking a Crosswalk
Another common way in which a pedestrian accident may occur is when a vehicle blocks a crosswalk. When a car is blocking an intersection, this forces individuals to walk around the vehicle and potentially into traffic. Drivers, whether yielding to pedestrians or stopping for a red light at an intersection, must remain stopped behind the crosswalk until it is safe to proceed.
In Tucker, a pedestrian who suffers injuries in a crosswalk accident may have a claim for damages against the driver. However, a claimant may only be able to claim damages if they can establish that the defendant acted negligently. An attorney could help an injured party establish fault by demonstrating all of the elements of negligence.
Duty of Care and Breach
Motorists are required to exercise reasonable care with respect to all others on the road, including pedestrians. This duty automatically arises by virtue of a motorist using a roadway.
An attorney may be able to demonstrate that a driver breached this duty of care by providing evidence that the driver violated a crosswalk regulation. A court considers a duty to be breached when one’s actions or inactions create a foreseeable risk of harm.
Causation and Damages
The plaintiff also must prove that the driver’s behavior directly caused their injuries. Though often straightforward, an insurance company may attempt to argue that the claimant’s injuries were pre-existing, or that they caused the accident by darting into traffic. It is important to note that only a claimant who has suffered a verifiable injury can be eligible for compensation.
Contact a Tucker Lawyer to Learn More About Pedestrian Accidents the Occur in Crosswalks
Motorists have a legal obligation to stop for pedestrians in crosswalks and otherwise exercise caution whenever people are present near or on the road. Tucker pedestrian crosswalk accidents can result in significant damages for the person who was hit. If you need legal assistance after getting hit by a car, call today.