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Drivers must always stop and stay stopped for pedestrians in crosswalks. However, many drivers frequently disobey the law, causing serious injuries to pedestrians. You should retain a pedestrian accident attorney immediately if you are struck in a crosswalk. The liable driver may owe you compensation for your injuries and losses.
Laws For Stopping At Crosswalks
All 50 states have laws aimed at protecting pedestrians in crossings. In Georgia, for example, the law regarding drivers stopping for pedestrians in crosswalks is primarily outlined in the Official Code of Georgia Annotated, Section 40-6-91. This statute requires drivers to stop and remain stopped for pedestrians in crosswalks under specific conditions, prioritizing pedestrian safety over merely yielding the right of way. The law applies to both marked and unmarked crosswalks at intersections, ensuring pedestrians can cross safely without vehicles attempting to pass or squeeze by.
Driver Responsibilities in Crosswalks
According to state law, a driver must stop and stay stopped to allow a pedestrian to cross a roadway within a crosswalk when the pedestrian is either on the half of the roadway on which the vehicle is traveling or approaching and within one lane of that half of the roadway. “Half of the roadway” refers to all traffic lanes moving in one direction.
This means that if a pedestrian is in or near the driver’s side of the road in a crosswalk, the driver is legally obligated to stop and wait until the pedestrian has safely crossed or moved out of the driver’s half of the roadway. It is illegal for drivers to drive around, cut off, or pass through a crosswalk while a pedestrian is present, even if there is room to do so.
Prohibition on Passing Stopped Vehicles
The law further stipulates that if a vehicle is stopped at a marked or unmarked crosswalk to allow a pedestrian to cross, other drivers approaching from the rear are prohibited from overtaking or passing the stopped vehicle. This rule prevents drivers from bypassing a vehicle that is lawfully stopped for a pedestrian, reducing the risk of collisions or endangering pedestrians who may not be visible to drivers in adjacent lanes. This is particularly critical on multi-lane roads, where drivers are required to stop at least 10 feet before the crosswalk to ensure visibility for other drivers.
How Pedestrian Accidents Happen
Pedestrian accidents are a significant concern, with New Mexico, Florida and Arizona ranking among the highest in the U.S. states for accidents. These accidents occur due to a combination of driver negligence, pedestrian behavior, environmental factors, and infrastructure challenges. Urban areas, such as Atlanta, which accounted for over 16 percent of the state’s car accidents in recent years, experience the highest rates of pedestrian incidents int he state of Georgia, due to dense traffic and complex road systems.
Driver Negligence
A leading cause of pedestrian accidents is driver negligence, often manifesting as distracted driving, speeding, or failure to yield. Distracted driving, particularly texting or using smartphones, diverts a driver’s attention, reducing their ability to notice pedestrians in crosswalks or along roadways. For example, the Georgia Department of Transportation reported over 158,000 confirmed or suspected distracted driving accidents in 2022, many involving pedestrians.
Speeding
Speeding is another critical factor, with high speeds cited in nearly 12 percent of pedestrian accidents. Speeding reduces a driver’s reaction time, and at speeds of 40 mph or higher, 90 percent of pedestrian collisions result in fatalities.
Drunk driving further exacerbates the issue, with over 31 percent of pedestrian fatalities in a recent year involving a driver with a blood alcohol concentration above 0.08 percent.
What To Do If You’re Hit As A Pedestrian
Take the following actions immediately if a car hits you in a crosswalk:
Seek Immediate Medical Attention
Your health is the top priority after being struck by a vehicle. Even if injuries seem minor, such as bruises or soreness, seek medical attention immediately at a hospital or urgent care facility. Some injuries, like traumatic brain injuries or internal bleeding, may not show symptoms right away but can be life-threatening if untreated.
Pedestrian accidents often result in severe injuries like broken bones, spinal cord damage, or head trauma. A medical evaluation creates a record of your injuries, which is essential for any insurance claim or lawsuit. Follow through with all recommended treatments, including physical therapy or specialist visits, to document the extent of your injuries and demonstrate your commitment to recovery.
Report the Accident to Police
Call 911 or have someone else do so to report the accident to law enforcement. As an example, In Georgia, police must be notified of any accident involving injury, death, or property damage exceeding $500. A police report is a critical piece of evidence, detailing the scene, driver and witness statements, and any citations issued to the driver (e.g., for failure to yield or distracted driving).
Provide a clear, factual account of the incident to the officer, avoiding speculation or admitting fault. You do not want to say anything that can be twisted to place the blame on you. Obtain the officer’s name, badge number, and a copy of the police report for your records, as this will be vital for insurance or legal proceedings.
Gather Evidence at the Scene
If you’re physically able, collect evidence at the accident scene to strengthen your case. Take photos or videos of the location, including the crosswalk, traffic signals, road conditions, and any vehicle damage. Capture the driver’s vehicle, license plate, and surrounding area to document skid marks or other indicators of fault. Exchange contact and insurance information with the driver, and note their name, phone number, driver’s license number, and insurance policy details.
Identify witnesses and collect their contact information, as their statements can corroborate your account. Avoid discussing fault or making statements that could be misinterpreted, as these could be used against you later. If you’re too injured to gather evidence, ask a bystander for help or rely on your attorney to collect this information later.
Notify Your Insurance and Understand Coverage
Contact your own insurance company to report the accident, even if you believe the driver is at fault. If you have personal injury protection (PIP) or medical payments (MedPay) coverage under your auto insurance policy, it could be applicable, and may cover medical expenses regardless of fault. However, since pedestrians often lack auto insurance, you’ll typically pursue compensation through the driver’s liability insurance.
Some states require drivers to carry minimum liability coverage of $25,000 per person for bodily injury, but this may be insufficient for serious injuries. If the driver is uninsured or underinsured, your uninsured/underinsured motorist (UM/UIM) coverage, if applicable, may provide protection. Be cautious when speaking with insurance adjusters, as they may try to minimize your claim or elicit statements to reduce liability. Avoid signing any settlement offers without legal advice.
Consult a Personal Injury Attorney
Hiring an experienced personal injury attorney is highly recommended, especially for accidents involving serious injuries or disputes over fault. They will assess the accident and even consult with experts to ensure you are not unfairly blamed. An attorney can investigate the accident, gather evidence like surveillance footage or traffic camera recordings, and negotiate with insurance companies to maximize your compensation for medical bills, lost income, pain and suffering, and future care. Most personal injury attorneys work on a contingency fee basis, meaning you pay nothing upfront, and they only collect a fee if you win.
How Much Is A Pedestrian Accident Claim Worth?
You should always retain a pedestrian accident lawyer if you’re hit by a car in a crosswalk. The driver is likely liable, and you could have serious injuries and damages. How much you can receive in a settlement depends on the following factors:
Economic Damages
Economic damages form the foundation of most pedestrian accident claims, covering tangible financial losses. These include medical expenses, such as hospital bills, surgeries, physical therapy, medications, and future medical care for long-term injuries like traumatic brain injuries or spinal cord damage. For example, a pedestrian with a fractured leg requiring surgery and rehabilitation could face medical costs exceeding six figures.
Lost income
Lost earnings are another component, compensating for income lost due to the inability to work during the recovery period. If the injury causes permanent disability, the claim may include loss of earning capacity, calculated based on the victim’s age, occupation, and projected future income. Other out-of-pocket expenses, like transportation to medical appointments or assistive devices, are also included. Accurate documentation, such as receipts and pay stubs, is critical to proving these losses and maximizing the claim’s value.
Non-Economic Damages
Non-economic damages encompass the intangible impacts of the accident, including pain and suffering, emotional distress, and loss of quality of life. These damages are subjective and more complex to quantify, but they often constitute a significant portion of the claim, especially in cases involving severe or permanent injuries.
For instance, a pedestrian who suffers from chronic pain or cannot engage in hobbies due to mobility issues may receive compensation for these losses. Courts and insurance companies often use methods like the multiplier method, where pain and suffering are calculated by multiplying economic damages by a factor, typically ranging from one to five, based on the severity of the injury. A serious injury like paralysis might justify a higher multiplier, potentially increasing the claim to hundreds of thousands of dollars, while minor injuries like bruises may result in lower amounts.
Insurance Coverage
Insurance coverage requirements vary by state and are the source of compensation for injury accidents. The driver’s financial resources also play a role in determining the claim’s worth. If the driver has higher policy limits or the pedestrian has uninsured/underinsured motorist coverage, the potential recovery increases.
In hit-and-run cases or when the driver is uninsured, compensation may depend on the pedestrian’s own insurance or identifying other liable parties, such as a property owner for unsafe conditions. Punitive damages, awarded in cases of egregious behavior like drunk driving or reckless speeding, can significantly increase the claim’s value but are rare and capped at $250,000.
Strength of Pedestrian Accident Attorney: The strength of legal representation and the quality of evidence also significantly influence the outcome of the claim. An experienced personal injury attorney can negotiate with insurance companies to avoid lowball settlements, which are common when victims lack representation.
Without a pedestrian accident lawyer, the victim might have accepted a much lower initial offer. Most pedestrian accident claims settle out of court; however, if a lawsuit is filed, the process can take one to two years. The statute of limitations is the timeframe for filing an injury lawsuit. For example, in Georgia you have two years from the date of the accident. Factors like the attorney’s skill, medical records, and expert testimony on future care needs can push settlements into the six-figure range for catastrophic injuries or limit them to tens of thousands for minor injuries.
In summary, the value of a pedestrian accident claim typically ranges from a few thousand dollars for minor injuries to several hundred thousand dollars or more for severe cases, depending on economic losses, pain and suffering, fault allocation, and the availability of insurance. Thorough documentation, prompt medical care, and skilled legal advocacy are essential to achieving fair compensation, as is acting within the legal time limits to protect your rights.
Talk To A Pedestrian Accident Lawyer Now
If you or a loved one was injured or were killed in a pedestrian accident, you are not alone. A trusted pedestrian accident attorney can be your biggest ally during this challenging time. Due to strict timelines for filing claims or lawsuits, you should always call a lawyer as soon as possible. Most personal injury lawyers offer free, confidential consultations. And typically you don’t pay unless they win.
Did another driver injure you in a crosswalk? Contact a pedestrian accident attorney in your community today to learn if you have a case.
