Crossing The Street – Sounds Simple, Right?
Almost everybody has “jaywalked” (as that term is commonly used), but there really is no such thing in Georgia. There are duties on the part of pedestrians and drivers as well as rules which have to be weighed and balanced to determine fault in those instances when a pedestrian is struck by a vehicle. For shear safety as a pedestrian in urban areas, it is best to cross in a marked crosswalk and only when the walk signal is in your favor. Yet, sometimes that is not possible or practical.
Pedestrians Though Can Bear Some Blame For Causing Accidents
The problem is that by crossing the street in what can be perceived as a non-designated area and being struck by a vehicle, not only do you have to struggle with your medical recovery, there is now an uphill battle with the driver's auto insurance company. You may be found to be partially or wholly at fault for the incident depending on the facts. Of even more importance is that juries tend to view crosswalks as zones protected by invisible force fields. Crossing anywhere else – the pedestrian must be at fault!
In Georgia, the jury will assess to what degree, if any, your own actions contributed to the collision. The driver will, most likely, argue that you were the only or primary cause of the collision. They will portray you as an unreasonable individual who acted in a manner causing the collision or at least prevented the driver from avoiding the accident. If the jury decides that you are 50 percent, or more, responsible for the accident, then Georgia law bars you from collecting any damages.
Get Help Proving That Your Actions When Crossing
The Street Were Not the Primary Cause Crossing the street in Atlanta should be done with the utmost in safety in mind. Nevertheless, if you were struck by a vehicle while doing so, don't assume the driver will be found at fault. Contact the Law Office of Sidney Weinstein, 24/7, at 404-522- 3108, about the incident to determine your rights. Don't delay. We can come to you at your home or any of the Atlanta, Georgia area hospitals including Grady Memorial Hospital and Atlanta Medical Center.