Crossing the street can be risky, especially when not using designated crosswalks. Many pedestrians wonder about their rights if a car hits them while jaywalking. In Georgia, factors like driver negligence and the specific circumstances of the accident play crucial roles.
What does the law say about jaywalking?
Georgia law addresses pedestrian behavior on roads. Pedestrians must use crosswalks when available. If there is no crosswalk, they should yield to vehicles. However, this does not mean drivers can disregard pedestrian safety. Drivers should exercise due care and avoid hitting pedestrians. Here are key points about jaywalking in Georgia:
- It is illegal to cross between adjacent intersections with traffic signals.
- Pedestrians must give way to vehicles when crossing outside a crosswalk, while drivers must exercise caution and try to avoid hitting pedestrians.
Even if you were jaywalking, you could still have a case if there is proof of the driver being negligent or reckless.
How does the comparative negligence law affect your case?
Georgia uses a modified comparative negligence rule. You can still get damages if you are less than 50% at fault for the accident. But your compensation will drop by your fault percentage. For example: If you are 30% at fault, you can get 70% of the damages, meanwhile if you are 51% or more at fault, you cannot get any damages.
Your fault level will depend on factors like:
- How visible you were to the driver
- Whether you suddenly ran into traffic
- The driver’s speed and focus
A thorough investigation of the accident is crucial to find fault accurately.
What Steps Should I Take to Protect My Rights?
If a car hits you while you jaywalk, your actions can affect your chance to get compensation. Collecting evidence, knowing Georgia’s laws, and building a strong case can be challenging. An attorney who knows pedestrian accident cases can help. They assess your situation, explain your rights, and guide you through the legal process. They work to maximize your potential compensation and navigate Georgia’s comparative negligence laws.