Pedestrians are vulnerable road users. People on foot are much more likely to sustain serious or even fatal injuries in traffic accidents.
Pedestrians have certain rights on public roads in Georgia. Automobile drivers must yield to pedestrians in certain situations. However, pedestrians must yield the right of way in other scenarios.
It’s important for Georgia pedestrians and motorists to understand when they must yield the right of way so they can share the road safely. Let’s briefly review Georgia pedestrian laws and when you should yield the right of way to others.
If you were injured in a Georgia pedestrian accident, contact Sherrod & Bernard, P.C., today to learn more about how you can claim compensation for your losses in a free initial consultation.
Who Is Considered a ‘Pedestrian’ in Georgia?
According to § 40-6-96 of the Georgia Code, a pedestrian is any person traveling on foot, including those standing, walking, jogging, or running. Individuals using manual or motorized wheelchairs or mobility scooters are considered pedestrians, too. Everyone who uses public roads is a pedestrian at some time or another.
Like motorists and other road users, pedestrians are required to obey traffic signs and signals, and other rules of the road. However, pedestrians are much more vulnerable than other road users, so for pedestrian safety, they are granted certain unique privileges intended to keep them safe.
When Do Pedestrians Have the Right of Way in Georgia?
The following sections of Georgia state law outline the circumstances in which pedestrians have the right of way on the road:
- § 40-6-91 – Motorists must yield to pedestrians the right of way in a marked crosswalk when pedestrians are on or approaching the same side of the road as the vehicle. Drivers are required to stop and stay stopped to allow pedestrians to cross in these situations.
- § 40-6-94 – All drivers in Georgia must yield the right of way to any blind pedestrian who is using a white walking stick or who is accompanied by a guide dog.
In addition to these rights to the road, pedestrians also have certain legal responsibilities, including:
- § 40-6-90 – Pedestrians must obey traffic control signs and signals and all traffic regulations unless otherwise instructed by a law enforcement officer.
- § 40-6-95 – Pedestrians are prohibited from walking along the edge of the roadway or road shoulders while under the influence of alcohol or any intoxicating drug.
- § 40-6-96 – Pedestrians may not stand or walk along the edge of the roadway in locations where sidewalks are provided unless there are no vehicles on the road or the sidewalk presents an imminent hazard. If sidewalks are not available, pedestrians may walk along road shoulders or edges as far as possible from traffic.
When Do Motorists Have the Right of Way in Georgia?
Georgia’s traffic code also outlines several scenarios in which pedestrians are required to yield the right of way to motorists, including:
- § 40-6-91 – Pedestrians may not suddenly step from a curb, sidewalk, or other safe place and into the path of an approaching vehicle that is close enough that the driver has no practical amount of time to stop or yield.
- § 40-6-92 – Pedestrians crossing the road at any point that is not a designated marked crosswalk (this is sometimes called jaywalking, even though jaywalking is not a legal term in the Georgia code) or unmarked intersection are obligated to yield the right of way to vehicles on the road unless the pedestrian has already begun to cross under safe conditions. Pedestrians must also yield to vehicles on the road when they choose to crossroads despite the availability of pedestrian tunnels or overhead crossings.
§ 40-6-96 – Unless the law specifies otherwise, pedestrians have to yield the right of way to vehicles any time they are on public roadways. However, § 40-6-93 instructs drivers to exercise due caution to avoid colliding with any pedestrians who are on the road, including by sounding their horns as needed.- § 40-6-99 – Pedestrians must yield the right of way to active emergency vehicles with their sirens, lights, or both engaged on public roadways.
Do You Always Have to Yield to Pedestrians in Georgia?
No. As a motorist, you are legally required to exercise caution while driving near pedestrians and to yield the right of way to pedestrians in certain circumstances.
Pedestrians generally have the right of way in crosswalks when they are legally using those crosswalks. When you approach a pedestrian on or near your side of the road in a marked crosswalk, you must come to a full stop and remain stopped until the pedestrian has finished crossing.
Pedestrians also have the right of way on sidewalks. If you are backing out of a driveway or crossing over a sidewalk, you must yield to any pedestrian who is passing behind or in front of you on the sidewalk.
However, there are situations in which a pedestrian does not have the right of way. You are not expected to yield to pedestrians who suddenly move in front of your vehicle on the road or decide to cross the roadway without using crosswalks or other pedestrian walkways.
Who Is Liable When a Motorist Hits a Pedestrian in Georgia?
It depends on the facts of the pedestrian accident. The person who failed to yield the right of way is generally at fault. Either the motorist or the pedestrian may be liable. It’s not always easy to determine who actually had the right of way in a given traffic scenario.
To determine who is liable after a Georgia pedestrian accident, investigators may use the following types of evidence:
- Police accident reports – When police officers write up accident reports, they often include information such as the time of day, location, any citations they issued, and their official opinions regarding who was at fault.
- Photos and video footage – Photos of the accident scene and footage from traffic or dashboard cameras can be used to demonstrate the exact positions and trajectories of vehicles and pedestrians involved in a collision.
- Eyewitness statements – If any witnesses saw the accident occur, they can provide statements to support your pedestrian accident claim.
- Expert witness testimony – Expert witnesses such as accident reconstruction specialists can use evidence from the crash to create diagrams that illustrate the likely causes and effects of a pedestrian accident.
If you have questions about who was at fault in a pedestrian accident, our attorneys can review the facts and offer guidance.
Get Help from a Georgia Pedestrian Accident Lawyer
A Georgia pedestrian accident can leave you with painful injuries, missed time at work, and overwhelming financial difficulties. If you suspect you may have grounds for a pedestrian accident claim against a negligent road user, contact Sherrod & Bernard, P.C., to discuss your situation in a free consultation initial case review.
