According to the United States Department of Transportation data an average of over 60,000 pedestrians are injured in the United States each year. The Research and Innovative Technology Administration (RITA) published a study that indicated the actual number of pedestrian injuries is likely much higher as reported data only includes injuries sustained in accidents with vehicles or bicycles.


If you are injured a Clayton County pedestrian accident attorney at the Law Offices of Shane Smith can review the incident and advise you of your legal rights.


Most accidents involving pedestrians are due to the negligence of an automobile or bicyclist. Frequently, such accidents involve someone turning into a crosswalk or speeding through an intersection while a pedestrian crosses the street. Data show that the majority of pedestrian accidents are the fault of the driver or the cyclist though a pedestrian may contribute to the accident's causation by jaywalking.


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.

In Georgia, a pedestrian is not liable for an accident if he crosses the street in a crosswalk or at another legal crossing area at an appropriate time and in a manner that allows oncoming traffic time to stop and acceptable visibility. Pedestrians also are not liable for accidents on sidewalks when they have the right of way.


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.


A Clayton County pedestrian accident attorney can help if you were a pedestrian and struck by a vehicle. Call the Law Offices of Shane Smith at 866-979-1629 for a free legal consultation.

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Advocate for the Seriously Injured in Georgia

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