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Law Offices of Shane Smith

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My teenager was hit while crossing in a Roswell crosswalk; however, she was talking on her cell phone at the time. Can we still bring a claim against the driver for failing to yield to her?


Even if your daughter was talking on her cell phone while walking, if the driver was at fault, you most likely have a claim for damages. Although pedestrians shouldn’t text, talk, or use cell phones while walking, it is not illegal. Additionally, if she was crossing the street in a crosswalk with the pedestrian traffic signal, then it sounds like the driver is at fault for hitting her. 

Pedestrians would be at fault in a Georgia pedestrian accident if they crossed the street outside of a crosswalk, against the traffic signal, or stumbled out into the pathway of traffic due to their cell phone use that distracted them. Unfortunately, many pedestrians have become distracted walkers due to smartphone technology. 

It sounds like your daughter may not be at fault in this scenario, but we would need to discuss the case in more detail with you to determine if you have a valid case. In the meantime, it is important to your potential case that you do the following:

  • Get your daughter medical attention immediately
  • Follow all the doctor’s orders
  • Find out if there were any witnesses to your daughter’s pedestrian accident
  • Take pictures of your daughter’s visible injuries and the accident scene
  • Call an experienced Roswell pedestrian injury lawyer

For a free initial consultation, contact the Law Offices of Shane Smith at 770-487-8999 to discuss your case in more detail. 

Shane Smith
Advocate for the Seriously Injured in Georgia