Attempted Highway Crossing Leads to Pedestrian Accident

A Clayton County pedestrian accident lawyer at Shane Smith Law can review the incident and advise a victim of his legal rights.

A Berkmar High School student was recently killed while attempting to cross Lawrenceville Highway in Gwinnett County. The student was standing in the center turning lane waiting to cross the road when he was struck and killed by a vehicle attempting to make a left turn from the center lane.

The driver turned herself in to law enforcement authorities and was charged with second-degree vehicular homicide and a turning lane violation. Police reported that weather could have been a factor and it was not believed that the accident was intentional. Speed and alcohol were also not factors in the accident.

Georgia law explicitly states that drivers are supposed to avoid pedestrians on the road and are supposed to use precautions when pedestrians are near. A pedestrian is permitted to cross the street at any intersection provided they remain within the area between the sidewalks on each corner even if a crosswalk is not explicitly drawn. However, pedestrians are at great risk when they are walking in unexpected areas.

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A pedestrian may be at fault when he is crossing the street between intersections that has a sign or signal indicating that the corner should not be used as a crosswalk. This will likely be viewed as jaywalking. It can make damages recovery difficult for an injured pedestrian and makes it even more crucial that a victim seek an experienced Clayton County pedestrian accident attorney.

Victims of pedestrian accidents may seek relief for such things as lost wages, medical expenses and pain and suffering. Victims should seek the assistance of a Clayton County pedestrian accident attorney to protect their rights by securing police reports, eyewitness testimony and physical evidence and to deal with insurance representatives.