A pedestrian is at fault for a car accident when their own careless behavior causes the crash, like stepping into traffic suddenly or crossing the street against a signal.
Determining fault comes down to negligence. If a pedestrian fails to use reasonable care and that failure leads to a collision, they can be held financially liable for the injuries and damage that result. A Marietta car accident attorney can review how fault is likely to be assigned in your pedestrian car accident.
What does it mean for a pedestrian to be “at fault”?
A pedestrian is at fault when they act negligently (carelessly), and that conduct causes a crash. Drivers are not automatically liable simply because their vehicle struck a pedestrian. Liability depends on the facts of the accident and whether either party acted negligently. Pedestrians have to follow traffic laws, too, and ignoring them can shift the blame.
Georgia law expects pedestrians to yield to traffic when crossing outside a marked crosswalk and to obey pedestrian signals. When a pedestrian violates these rules and that violation contributes to the collision, a driver or insurer might argue that the pedestrian shares responsibility for the accident.
What pedestrian actions commonly lead to car accidents?
Most at-fault pedestrian cases involve someone who wasn’t paying attention or ignored the rules of the road. Common examples include:
- Crossing the street outside a marked crosswalk or against the signal
- Stepping or running into the road without checking for traffic
- Walking while distracted by a phone, texting, or talking
- Walking in the roadway while impaired by alcohol or drugs
Any of these can leave a pedestrian partially or fully responsible when a driver ends up hitting a pedestrian who created the danger.
How do Georgia’s modified comparative negligence rules affect a pedestrian accident claim?
Georgia uses a modified comparative negligence rule. A pedestrian can still recover compensation as long as they’re less than 50% at fault, but their recovery drops by their share of the blame. At 50% or more, they recover nothing.
So if a pedestrian is 20% at fault for crossing carelessly and the driver was speeding, the pedestrian’s compensation falls by that 20%. The greater the percent at fault assigned to the pedestrian, the lower the value of their pedestrian accident claim. Because that percentage drives the money, insurers push to assign as much of it to the pedestrian as they can.
What happens if a pedestrian is fully at fault?
If a pedestrian is found entirely responsible for the collision, they generally cannot recover compensation from the driver. Depending on the circumstances, the driver may also pursue compensation for vehicle damage or injuries caused by the accident. A driver can pursue that through an insurance claim against the pedestrian or by filing a lawsuit.
Some auto policies include optional MedPay coverage, which can help pay accident-related medical expenses. Georgia doesn’t require it, though. Without it, an at-fault pedestrian usually relies on health insurance and may face high out-of-pocket costs.
Can a pedestrian recover if they were partially at fault?
Yes. Under Georgia’s negligence rule, a pedestrian who is partially at fault can still file an insurance claim or lawsuit against the driver, as long as their fault stays below 50%. Their compensation is reduced by their percentage of fault.
These accident cases often come down to evidence like traffic camera footage and witness statements. A car accident lawyer in Marietta, GA, can document what happened and challenge an unfair fault percentage before it cuts into your recovery.
How can a pedestrian accident lawyer help limit your liability?
Because your recovery depends on how the fault is divided, who assigns that fault matters. Insurance companies work to limit their policyholder’s liability, which can mean shifting blame onto you.
A pedestrian accident lawyer can gather evidence, counter that pressure, and work to keep your fault percentage accurate under personal injury law. Your damages may include economic losses like medical bills and lost income, plus non-economic losses like pain and suffering.
At Nick Schnyder Law Firm, we investigate pedestrian accident claims and deal with the insurance company so you don’t have to. For a free consultation, call (470) 729-9799 or contact us online.
