JAYWALKING IN GEORGIA

Crossing a street in the middle of a block, or crossing diagonally from one corner to another, is tempting. After all, the shortest distance between two points is a straight line, right? But is it the safest route? Typically, jaywalking refers to illegally crossing the street in an area that doesn’t have a crosswalk, with little regard to oncoming traffic. Jaywalking is not a legally recognized term, and you will not see this exact word used in Georgia law. 

Crossing the street outside a crosswalk is not per se illegal in Georgia. In most cases, crossing the street without the need to use a crosswalk is completely legal. The law in Georgia states that drivers must stop at marked crosswalks to allow pedestrians to cross, giving pedestrians the right of way. Drivers are not legally allowed to drive around pedestrians or cut them off. Failing to follow the law can result in legal consequences and potentially serious injury to the pedestrian. Section 40-6-91 - Right of way in crosswalks states:

(a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subsection, "half of the roadway" means all traffic lanes carrying traffic in one direction of travel.

(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield.

(c) Subsection (a) of this Code section shall not apply under the conditions stated in subsection (b) of Code Section 40-6-92.

(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

OCGA § 40-6-91

By law, pedestrians must yield the right of way to oncoming traffic unless they are already crossing under safe conditions. Pedestrians need to wait until it is safe enough to cross the road. If the pedestrian is already crossing the street, drivers must yield to pedestrians. Section 40-6-92 - Crossing roadway elsewhere than at crosswalk states:  

(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway unless he has already, and under safe conditions, entered the roadway.

(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway if he uses the roadway instead of such tunnel or crossing.

(c) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.

(d) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices. When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.

OCGA § 40-6-92

LIABILITY IN JAYWALKING ACCIDENTS

Georgia, jaywalking is a violation of the state’s pedestrian laws. Pedestrians must use crosswalks or intersections whenever possible and obey traffic signals. Pedestrians must use sidewalks when available, and if there are no sidewalks, they must walk facing traffic. If a pedestrian crosses outside a crosswalk or against the signal, they could share fault for any resulting accident. However, this does not mean that a pedestrian jaywalking and hit by a car in Georgia has no legal recourse. Sometimes, the driver may still be partially or fully responsible for the accident. For example, if a driver is distracted (cell phone use is a common source of distraction), or speeding, or running a red light or stop sign, the driver could be negligent and partially or wholly responsible for the accident and subsequent injuries.

In Georgia, the statute for comparative negligence is found in the Official Code of Georgia Annotated (OCGA) § 51-12-33. This statute provides that a person who is 50% or more at fault for an accident cannot recover any damages. A person who is 49% or less at fault can recover damages, but their percentage of fault reduces their compensation. For example, suppose you were jaywalking and 25% at fault for an accident that injured you. That means the maximum compensation you can recover is 75% of your total damages. If you are 50% at fault, you will receive nothing. 

CONTACT A PERSONAL INJURY ATTORNEY

If you are involved in a pedestrian-vehicle accident, the first priority is getting medical attention for any injuries you incurred. Contacting a pedestrian accident lawyer is also essential, especially if you were jaywalking at the time of the accident. You have legal rights, but the driver’s insurance company will try to blame you as much as possible, so they don’t have to pay compensation. An experienced attorney can help you navigate the legal process, negotiate with insurance companies, and pursue compensation for your medical expenses, lost wages, and other damages. In Georgia, the statute of limitations for personal injury claims is two years, so it is crucial to act fast. If your claim involves a government municipality, you might only have 90 days to bring an administrative claim. 

Dave Thomas of The Thomas Law Firm is an experienced personal injury attorney. He has helped many clients recover damages for the injuries and costs associated with vehicle-pedestrian accidents. Contact Dave Thomas for a free evaluation of your case.