The Georgia Department of Transportation (GDOT) Pedestrian Safety Action Plan reports that it averages over 100 pedestrian fatalities per year. GDOT estimated that 2012 pedestrian deaths would likely exceed those in 2011.


Of the pedestrian fatalities, 91 percent occur in the roadway and only 5 percent occur in marked crosswalks. According to GDOT, over half involve either an impaired driver or a distracted pedestrian.


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


According to GDOT, more than 4,000 pedestrians died in motor vehicle accidents in 2009. Many of these fatalities were due to distracted walking, distracted driving or a combination of the two. Georgia law protects pedestrians but there are circumstances where a pedestrian may contribute to or be the cause of the accident. Official Code of Georgia Annotated (O.C.G.A.) Section 40-6-93 states that drivers should "...exercise due care to avoid colliding with any pedestrian...and shall exercise proper precautions upon observing any child or any obviously confused, incapacitated, or intoxicated person." However, a pedestrian who does not behave as a reasonably prudent person would under the same circumstances may be held partially or entirely at fault.

Georgia pedestrians are encouraged to be alert and vigilant to walking dangers. These include poorly marked or unmarked crosswalks, sight obstructions caused by parked cars, short traffic signals and traffic exceeding the speed limit.


Pedestrians who are texting while walking, even in a crosswalk, put themselves at unnecessary risks. Common sense dictates that the person should refrain from texting until after he has safely crossed the intersection. Pedestrians should also remove ear buds while crossing so they can hear any sounds around them.


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. 

Shane Smith
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Advocate for the Seriously Injured in Georgia

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