In Georgia, every year there are more than 130 pedestrian fatalities due to traveling on or near a roadway. It takes an attorney who is knowledgeable, not only in Georgia vehicle law, but also, Georgia pedestrian law to properly evaluate this type of legal matter and protect our clients from the insurance companies.

In collision matters that take the life or seriously injure a pedestrian, the insurance company and their attorneys first goal is to find ways to blame the pedestrian. Georgia law places responsibility on both the driver and pedestrian to avoid a collision. For the driver, Georgia law requires that, “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, shall give warning by sounding his horn when necessary, and shall exercise proper precautions upon observing any child or any obviously confused, incapacitated, or intoxicated person.” OCGA 40-6-93 Even with this law, the insurance company and defense attorneys will look at the scene and the facts surrounding the collision and do everything in their power to attempt to show the pedestrian violated a law or did not protect himself or herself.

It is important for pedestrians to know all their rights and duties in Georgia. This can be found in the Official Code of Georgia at Title 40 Chapter 6 Article 5. (OCGA 40-6-90 is the first section of Article 5).

There are specific laws for when a pedestrian is traveling along the road. You can see the exact language of the law, OCGA 40-6-96, at the bottom of this webpage. First, a pedestrian must use a sidewalk if there is one present.  If there is no sidewalk, you must travel on the shoulder of the road as far from the edge of the road as you are able to do. If there is no sidewalk or shoulder, you must travel as near as you are able to the outside edge of the road, and you must travel AGAINST TRAFFIC on the left hand side of the road. Please see the code section at the bottom of this page for full details.

Under Georgia law, a driver of a vehicle must stop for a pedestrian in a crosswalk. However, pedestrians in a crosswalk need to protect themselves and avoid vehicles. If a pedestrian is in a crosswalk, sees a vehicle and does nothing to avoid the vehicle, their legal case will be very difficult. If a pedestrian is not traveling in a crosswalk, they must “yield the right of way to all vehicles upon the roadway unless he has already, and under safe conditions, entered the roadway. OCGA 40-6-92.

When a pedestrian is crossing the street in a location that is controlled by a pedestrian control device, a pedestrian must follow the device. If a pedestrian is traveling the road when the device shows red or is stating the person should not travel, most likely they will not have a case against the driver. And, if the pedestrian control device is green or says walk, a pedestrian still must use caution and do everything they can to protect themselves.