The Governor’s Office of Highway Safety reports that 279 pedestrians lost their lives in Georgia traffic accidents in 2019. Accidents involving pedestrians often cause devastating injuries, which is why it is important for motorists and pedestrians to understand what state law says about who has the right of way.
Pedestrian Definition
If you are a pedestrian, by definition, you do have the right of way in Georgia in certain circumstances, but what is a pedestrian according to Georgia law? The state’s code section defines a pedestrian as anyone who is walking, standing, running, jogging, or otherwise afoot.
Georgia Right of Way Laws
Either motorists or pedestrians may have the right of way, depending on the circumstances. Georgia law states that drivers must stop to allow pedestrians to cross the street within a crosswalk when:
- The pedestrian is on the same half of the road as the vehicle
- The pedestrian is approaching the side of the road with the vehicle and is one lane or closer to that side of the road
Drivers may not pass a vehicle that is stopped to let a pedestrian cross the street.
Georgia Code § 40-6-92 further states that pedestrians must yield the right of way to vehicles when not crossing at a crosswalk or intersection unless they have already entered the roadway when it is safe to do so.
Pedestrians must also yield the right of way to vehicles if they cross the roadway instead of using available pedestrian tunnels or overhead crossings. Pedestrians are prohibited from entering the path of a vehicle so suddenly that the driver cannot yield.
In most situations, pedestrians have the right of way to cross the street in designated areas. What about when pedestrians are in the street but not attempting to cross? Georgia law makes it illegal for people to stand or walk on the road when there is a vehicle within 1,000 feet or unless the sidewalk poses an imminent danger.
It is also a crime in Georgia to cause serious injury to a pedestrian by failing to yield the right of way, and accident victims may also be able to file an insurance or legal claim to receive damages for their injuries.
Georgia Pedestrian Accident Facts
- In 2019, 58% of pedestrian accidents in Georgia happened in Atlanta.
- Emergency room visits and hospitalizations resulting from pedestrian accidents in Georgia led to $172 million in medical expenses in 2020.
- Nearly 80% of pedestrian fatalities and 56% of pedestrian injuries happened in accidents on roads with speed limits of 40 miles per hour or more.
A Pedestrian Accident Law Firm You Can Rely On
Are you looking for answers regarding who has the right of way in Georgia? Contact Flanagan Law today if your pedestrian accident involves conflicting reports about right of way and yielding. Our pedestrian accident lawyers are happy to provide guidance and clarification on Georgia’s laws and how they apply to your accident case. Schedule a free consultation today.
