What Rules Do Pedestrians Have to Follow in Georgia?
A person crossing the street or walking along the road is at a huge disadvantage if they come in contact with a moving car, truck, motorcycle, or even a bicycle. Any type of collision can result in serious injuries, such as traumatic brain injuries. Anyone operating a vehicle needs to be aware of and abide by the rules for operating around pedestrians.
However, Georgia statutes and local laws (including City of Atlanta ordinances) also require pedestrians to follow certain rules for their safety. If you’ve been in a pedestrian accident, it is important to know what the rules are and the effect they can have on your ability to recover damages if you disobey the rules.
Crossing the Street
In the Georgia Uniform Rules of the Road, which is in Chapter 6 of Title 40 of the Official Code of Georgia Annotated, all of Article 5 is devoted to the “Rights and Duties of Pedestrians.” Some of the most important rules involve the obligations pedestrians have when crossing a public road.
Crossing at a Crosswalk
While pedestrians are not specifically required to cross at a designated crosswalk, they generally have to yield the right of way unless they are in a crosswalk. The drivers of cars and other vehicles have a duty under Ga. Code § 40-6-91 to “stop and remain stopped” when a pedestrian is crossing the street in a crosswalk on the same side of the street as the driver. In addition, drivers must stop and stay stopped if a pedestrian is approaching a crosswalk on their side of the road or if the pedestrian is close to crossing (within the distance of one lane). The rules apply the same whether a crosswalk is marked or unmarked.
Unmarked Crosswalks
An unmarked crosswalk is generally considered to be the space at an intersection from the sidewalk on one side of the street to the sidewalk on the other as if the sidewalk continued straight through the intersection. If there is no sidewalk, the unmarked crosswalk is approximately where a sidewalk would continue across the road.
While marked crosswalks can be placed anywhere and may run diagonally across the street in the middle of a block, unmarked crosswalks only occur at intersections. Without obvious markings, it can be confusing to understand the boundaries of an unmarked crosswalk. Moreover, many motorists and pedestrians are unaware that unmarked crosswalks exist, and they aren’t aware of their obligations regarding unmarked crosswalks. In a pedestrian accident case, a personal injury attorney may be able to use the rules regarding unmarked crosswalks to help demonstrate a driver’s liability since ignorance of the law is no excuse for disobeying it.
Crossing Outside of a Crosswalk
When a pedestrian is crossing the street outside the protection of a marked or unmarked crosswalk, the right-of-way obligations are generally reversed. Instead of the cars and trucks having to stop for the person walking, the pedestrian is required to yield the right of way to (in other words, stay out of the way of) cars, trucks, and other traffic. (Georgia law never says someone has the right of way. Instead, it specifies which party is required to yield to the other.)
There is one exception to this requirement. If a pedestrian has already started crossing the street “under safe conditions,” then that pedestrian is not required to yield to other traffic. So, if you’re crossing the street and a car starts coming toward you, you are not expected to run madly back to the curb. The driver is supposed to yield to you. Failure to do so could make them liable for injuries in an accident.
In areas where there are traffic lights, pedestrians are required to cross at the light rather than in the middle of the block unless there is a marked crosswalk.
Duty to Follow Traffic Signals
Section 40-6-90 of the Georgia Code requires pedestrians to obey traffic control devices such as stoplights unless a police officer issues different instructions. The pedestrian rules of this section also impose an obligation to follow the traffic rules in Sections 40-6-21 and 40-6-22.
Among other things, these rules specify that when a stoplight turns yellow, that tells pedestrians that they don’t have enough time to cross the street safely and that they should not enter the intersection. The rules also prohibit pedestrians from crossing the street when they face a red signal, and they cannot enter the road if a “Don’t Walk” signal is displayed.
Atlanta Ordinances and Other Local Laws
In addition to the state law requirements for pedestrians, those who are walking also need to be aware of rules imposed by local laws. For instance, Atlanta ordinance §150-267 prohibits pedestrians from walking on any “controlled-access highway,” such as an interstate highway. There is an exception for someone who needs to walk to get off the highway in an emergency situation or someone who is maintaining or cleaning the road.
Atlanta ordinances also prohibit pedestrians from standing in the road to solicit funds or clean car windows and from being on the street in a way that blocks or impedes the normal flow of traffic.
Michael M. Day Law Firm, LLC Fights for the Victims of Pedestrian Accidents
Even when a motorist is clearly at fault for hitting a pedestrian, attorneys for the driver’s insurance company will often try to argue that the pedestrian is to blame because they violated a state or local rule. As noted above, however, sometimes it can be difficult to understand how and when the rules apply. Moreover, many times, the injuries would have occurred regardless of whether the pedestrian followed the regulatory requirements to the letter. To ensure fair treatment in court, a pedestrian injured in an accident needs to have legal representation from an attorney who understands how to fight back against insurance companies and persuasively argue statutory interpretation to the client’s advantage. At Michael M Day Law Firm, LLC, we know how to succeed against insurance companies, and we focus our energies on getting the recovery our clients deserve. For a free case evaluation of your pedestrian accident, call us at 404-480-4284 or contact us online today.