Pedestrian Accidents in Atlanta, Georgia: Laws, Statistics, and Landmark Cases

Pedestrian accidents are a big problem in Atlanta, Georgia. With more people, more traffic and more public transportation, pedestrian safety is a major issue for everyone and the government. Knowing the laws surrounding pedestrian accidents, statistics and famous cases can give you a full picture of the problem and help you get justice. This article goes over the personal injury laws for pedestrian accidents in Atlanta, 2023 stats and a famous case that changed the local law.

Personal Injury Pedestrian Accident Laws in Atlanta, Georgia

For pedestrians in accidents, knowing the personal injury laws in Georgia is key to taking legal action and getting compensated. These laws define the rights and responsibilities of both pedestrians and drivers to keep everyone safe on the road.

Georgia Traffic Laws

Pedestrians in Georgia are covered by a number of traffic laws to reduce accidents and hold people accountable when accidents do happen. Here are some key laws:

Right of Way

According to Georgia law (O.C.G.A. § 40-6-91), drivers must yield to pedestrians in marked crosswalks and at intersections. Pedestrians also have the right of way in unmarked crosswalks at intersections, which are areas where crosswalks are not visible but are still legally recognized.

Drivers who don’t yield to pedestrians in these areas can be held responsible for any accidents or injuries that happen. But pedestrians should also be careful and not step into traffic when it’s not safe to do so.

Duty of Care

Drivers in Georgia have a duty of care to operate their vehicles safely and not to hit pedestrians. This means drivers must follow speed limits, be aware of heavy pedestrian traffic areas, and obey traffic signals especially near schools, parks and residential areas.

Pedestrians too have their own responsibilities under Georgia law which includes following crosswalk signals and traffic lights.

Pedestrian Responsibilities

While pedestrians have certain protections under Georgia law, they are also expected to follow the rules of the road:

Crosswalk Usage

Pedestrians must use crosswalks where available and not cross streets outside of designated areas unless it’s safe to do so. Crossing outside a crosswalk, also known as jaywalking, can reduce a pedestrian’s ability to recover damages in case of an accident especially if it was a contributing factor to the accident.

Obey Signals

Pedestrians must follow all traffic and pedestrian crossing signals, such as the “walk” and “don’t walk” signs. Crossing against these signals can make the pedestrian liable in case of an accident.

Comparative Negligence

Georgia is a comparative negligence state (O.C.G.A. § 51-12-33), which means if both the pedestrian and the driver are found partially at fault in the accident, the compensation will be reduced by the degree of fault. If the pedestrian is 50% or more at fault, they can’t recover anything.

For example, if a pedestrian was jaywalking at the time of the accident but the driver was speeding, the court may assign a portion of the fault to both parties and reduce the pedestrian’s compensation by their percentage of fault.

Legal Options

Victims of pedestrian accidents have several legal options to get compensated for their injuries. These options may be filing a personal injury lawsuit or an insurance claim.

Civil Suits

Pedestrians who are injured in an accident can file civil suits against the at-fault driver or any other liable parties. These suits are to get compensation for:

• Medical bills
• Lost wages
• Pain and suffering
• Property damage

Insurance Claim

Victims of pedestrian accidents can also file a claim through the at-fault driver’s insurance policy. But this process can be complicated and often involves negotiations with the insurance company to make sure the full extent of damages is covered. Legal representation can help simplify this process and get victims the compensation they deserve.

Statute of Limitations

In Georgia, the statute of limitations for personal injury claims, including pedestrian accidents, is two years from the date of the accident or from the date the injury was discovered (O.C.G.A. § 9-3-33). If you don’t file your claim within this timeframe you will lose your right to sue.

Pedestrian Accidents in Atlanta, Georgia (2023)

Pedestrian accidents have been a long standing issue in Atlanta and recent 2023 statistics show the magnitude and severity of the problem.

Incidents

In 2023, there were approximately 450 pedestrian accidents in Atlanta according to data from the Georgia Department of Transportation (GDOT). These accidents occurred all over the city but were highest in downtown Atlanta and other high foot traffic areas.

Fatalities and Injuries

Of the 450 incidents, 35 were fatal and 100 were serious injuries. These numbers are a slight increase from previous years and shows that pedestrian safety is still a challenge in an urban environment.

High-Risk Areas

Some areas of Atlanta were identified as high risk areas for pedestrian accidents. These are:

• Major intersections like Peachtree Street and Piedmont Avenue.
• Urban streets with high foot traffic, like Downtown Atlanta and Midtown.
• Areas near schools, parks and bus stops where pedestrians cross frequently.

Contributing Factors

Several factors contributed to the high number of pedestrian accidents in Atlanta:

• Distracted driving, like texting or using smartphones while driving.
• Speeding in areas with crosswalks or school zones.
• Failure to yield at crosswalks, especially at busy intersections.
• Alcohol impairment, for both drivers and pedestrians.

Recent Pedestrian Accident Case

One of the most notable pedestrian accident cases in Atlanta in the last decade was a MARTA bus vs pedestrian collision. This case set a legal precedent and exposed important safety issues.

Case: Smith v. Metro Atlanta Transit Authority (MARTA)

Facts

In this case, John Smith, a 47 year old pedestrian, was struck by a MARTA bus while crossing the street at a crosswalk. The accident occurred at a busy intersection where Smith had the right of way but the bus driver failed to yield. Smith suffered serious injuries including multiple fractures and a traumatic brain injury that required extensive medical treatment and rehabilitation.

Result

MARTA was found liable for the bus driver’s negligence. Smith was awarded a large settlement for:

• Medical expenses including long term care.
• Lost wages due to inability to work.
• Pain and suffering.
• Emotional distress from the trauma of the accident.

The case also led to more scrutiny of bus driver training and pedestrian safety protocols at MARTA to prevent similar cases in the future.

Effect

This case brought attention to the need for better public transit safety and highlighted the importance of drivers of large vehicles like buses to share the road with pedestrians. It also emphasized pedestrian rights and crosswalk awareness.

Pedestrian Accident Lawyers

The legal process after a pedestrian accident can be overwhelming. At Keller Swan we represent victims of pedestrian accidents and provide expert legal services to get you the compensation you deserve.

Case Evaluation and Investigation

We investigate each case to gather evidence and determine liability. This includes:

• Police reports.
• Surveillance footage if available.
• Witness statements.
• Medical records.

Liability

Liability in a pedestrian accident isn’t always clear cut. Our team assesses all the factors that contributed to the accident including:

• The driver’s actions before the accident.
• Whether traffic laws were broken.
• Public transit authorities or municipal agencies.

Customized Legal Approach

At Keller Swan we develop a customized legal strategy for each case. Whether we’re negotiating with insurance companies or going to court, our goal is to get our clients the most compensation possible including economic and non-economic damages.

Client Experience

We’re committed to advocating for our clients throughout the process. We make sure our clients feel informed, supported and empowered as they seek justice and compensation for their injuries.

Bottom Line

Pedestrian accidents in Atlanta are a big problem with big legal and personal implications. Knowing the laws, the stats and the cases can help victims and their families know their options and get the compensation they deserve. At Keller Swan we represent victims of pedestrian accidents, case analysis, customized legal approach and client support.

Call Keller Swan now to talk to us about your case.