According to the National Highway Traffic Safety Administration (NHTSA), pedestrian accidents account for 11 percent of all fatalities involving motor vehicles. Distracted drivers or pedestrians can contribute to the accidents. 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.


If you were involved in a Georgia pedestrian accident you will likely have many questions. You should always contact an attorney for a personal consultation but there are some common questions:


  • Does a pedestrian always have the right of way?

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.

  • Will a pedestrian receive damages if he is at fault for the accident?

Under Georgia's contributory negligence system, a pedestrian may still be entitled to recovering damages even if he is partially at fault. In the comparative fault system a pedestrian's recovery is reduced by the percentage the pedestrian is at fault up to 49 percent. A pedestrian who is determined to have been at least 50 percent at fault for the accident would be precluded from receiving a damage award. However, if a pedestrian is found to be 25 percent at fault and his damages (past and anticipated medical expenses, loss of income, lost future earnings, pain and suffering, etc.) are $200,000 then the damages would be reduced by 25 percent to $150,000.


  • Should I hire an attorney?

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 and ask to schedule a free legal consultation.

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Advocate for the Seriously Injured in Georgia

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