Pedestrian Accidents on Crosswalks in Savannah: Proving Driver Negligence

May 30, 2024

Pedestrian crosswalk accidents are unfortunately common in busy cities like Savannah. When a driver strikes a pedestrian in a crosswalk, the pedestrian often sustains serious or even fatal injuries. Georgia law provides legal protections for pedestrians on crosswalks, but victims must prove negligence in order to hold drivers accountable. This article examines Georgia crosswalk laws and how pedestrian accident victims can build a strong negligence case.

Georgia Crosswalk Laws

Under Georgia law, pedestrians have the right-of-way when lawfully using a crosswalk. Drivers are legally required to exercise due care to avoid striking pedestrians in crosswalks. Specifically:

Drivers must yield to pedestrians on crosswalks when turning at intersections. Failure to yield is illegal.
Drivers cannot pass other vehicles that are stopped at crosswalks to allow pedestrians to cross. It is illegal to pass stopped vehicles and strike pedestrians.
Drivers must exercise proper control of their vehicles and keep a proper lookout for pedestrians on crosswalks. Speeding, distraction, impairment, and other forms of driver negligence that result in crosswalk accidents can create liability.

Georgia crosswalk laws aim to protect vulnerable pedestrians and promote safe driving habits. However, many drivers still fail to uphold their duties, leading to tragic collisions. Holding them accountable requires accident victims to prove negligence and causation.

Proving Driver Negligence

To recover damages from a driver who struck them in a crosswalk, injured pedestrians must prove:

The driver owed them a duty of care
The driver breached this duty through negligent driving
The breach caused their injuries

Drivers owe pedestrians on crosswalks a duty to operate their vehicles carefully and yield the right-of-way. Proving a breach requires collecting evidence that the driver failed to uphold this duty through negligent actions like:

Speeding
Distraction or impairment
Failure to yield
Disregarding traffic signals or stop signs
Passing a stopped vehicle
Unsafe lane changes or turns
Not seeing the pedestrian

Police reports, witness statements, video footage, and other evidence from the scene can help establish what the driver did wrong. A personal injury attorney can obtain this evidence through in-depth accident investigations and legal discovery. They will gather all available information to build the strongest case possible.

Proving causation requires showing the driver’s breach directly led to the collision and injuries. Using all of the available evidence to recreate the accident and show the driver’s actions set it in motion is key. An experienced attorney will work with accident reconstruction experts to prove causation.

Damages in Georgia Crosswalk Injury Lawsuits

Injured pedestrians can recover compensatory damages from negligent drivers under Georgia law. These damages include:

Medical expenses – This includes bills for hospitalization, surgery, rehabilitation, medications, and other care relating to the accident injuries.
Lost wages – Income lost due to missing work during recovery.
Loss of future earning capacity – For permanent disabilities that reduce earning ability. Expert economists can calculate these losses.
Pain and suffering – Compensation for physical and emotional trauma from the injuries.
Punitive damages – Additional amounts to punish gross negligence, like drunk driving.

The full costs of a serious pedestrian accident injury can be immense. An attorney will fight to recover full compensation for all losses suffered. Maximal damages help pay for medical care, replace lost income, and support the victim’s recovery and finances.

Expert Representation for Crosswalk Accident Victims

Working with an experienced personal injury lawyer helps pedestrians struck on crosswalks to build the strongest case possible against negligent drivers. An attorney can investigate all avenues for evidence, prove negligence, and demand maximum compensation for your losses. They know how to deal with insurance companies and aggressively negotiate fair settlement offers. If a satisfactory settlement cannot be reached, they will take the case to court.

Take Legal Action After a Crosswalk Accident

The dedicated pedestrian accident lawyers at our firm help victims and families in Savannah and throughout Georgia. We conduct in-depth investigations and craft ironclad arguments proving driver negligence. Our ultimate goal is obtaining the compensation you need and rightfully deserve after suffering crosswalk injuries. For a free consultation on your case, contact our office today. Time is of the essence, so call us now to get the claims process started and protect your rights. Our experienced personal injury attorneys are here to help you recover.

Visit one of our offices at:

7176 Hodgson Memorial Drive, Savannah, GA 31405
320 East Clayton Street, Athens, GA 30601
197 14th St. NW, Suite 200, Atlanta, GA 30318
110 Traders Cross #226, Okatie, SC 29909

Or call now for a free consultation on (800) 529-1441.

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Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Why Are Pedestrian Fatalities On The Rise?

August 27, 2019

Exposure
Traffic Density
Smartphones
Sport Utility Vehicles
Older Pedestrians
Knowing Is Half The Battle

The number of pedestrians killed in traffic in the U.S. is as high as it’s been in nearly thirty years.

There has been an alarming rise in the number of people killed in traffic accidents in recent years.

It’s estimated that 6,227 pedestrians were killed in traffic in 2018, according to a study from the Governors Highway Safety Association.

The year before there were just 4,109 pedestrians killed in traffic.

So what’s causing the rise in fatalities?

There really isn’t a simple, straightforward answer, and it’s likely a combination of factors.

In the article below, we will discuss a few of the factors that are likely contributing to the elevated number of pedestrian deaths.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH

Exposure

Exposure has to be considered when looking at the elevated numbers.

The simple fact that there are more pedestrians can increase the number of fatalities, even if everything else stays the same.

The increased population aline should be a factor in pedestrian fatalities.

But, population size isn’t the only exposure factor.

You also need to consider the amount of vehicles we have on the road.

The booming economy over the last ten or so years has likely increased the number of cars on the road, especially for younger drivers.

Lower gas prices and longer commutes also keep people on the road longer.

So, more people plus more cars and longer commutes could equal more pedestrian deaths.

Traffic Density

If you have a long commute, you know how bad traffic can be.

The increase in traffic placers higher demands on drivers.

Situational awareness becomes difficult because drivers and pedestrians have to continually switch their focus from one thing to another.

Drivers will always focus their attention on other vehicles as opposed to pedestrians as they decide what to give their attention to.

Other vehicles are bigger, larger, and a much greater hazard to drivers than a pedestrian is. So, drivers will always be concerned with avoiding other drivers first.

The presence of other vehicles also blocks sightlines, making finding pedestrians even more difficult.

After all of that, drivers also have to worry about cyclists.

There are only so many things drivers can focus on at one time, and pedestrians tend to be lower on the list for them.

Drivers have to be alert for other vehicles, motorcycles, cyclists, pedestrians, signs, signals, and possible physical obstructions like potholes or downed limbs, and sometimes they miss something.

Unfortunately, sometimes the “something” they miss is the pedestrian.

Because drivers have to worry about so much, they sometimes make assumptions.

They assume that cyclists will stay in the bike lane, and pedestrians are only going to cross at crosswalks and walk on the sidewalk.

If you’re a pedestrian that decides to cross somewhere other than a crosswalk or walk on the road where there is no sidewalk, you are putting yourself at risk.

Smartphones

The thing that distracts people more than any other thing is the smartphone.

Cell phone usage has increased tremendously over the last two decades, but pedestrian fatalities remained pretty steady.

The uptick in fatalities corresponds with the adoption of smartphones and the fact that our phones are so much more than phones now.

Your smartphone encourages you to look away from the road and answer that text or read that email.

Data is just beginning to come in, but it’s showing that the use of smartphones by pedestrians and drivers is likely a significant factor in the rise of pedestrian fatalities.

Cars are also becoming more sophisticated, coming equipped with more complex controls.

These extra buttons are likely adding to the list of distractions drivers have as well.

Sport Utility Vehicles

Sport Utility Vehicles, or SUVs, are likely a significant contributor to the rise in pedestrian deaths simply due to their size.

A vehicle-pedestrian crash is 50% more likely to end in a fatality if the vehicle is an SUV or something similar.

SUVs have higher bumpers and flat fronts, so the point of contact on pedestrians is higher up on the body, not just with the legs.

They can also cause collisions indirectly by blocking the view of other drivers who can’t see the pedestrians ahead of them.

Older Pedestrians

As the population ages, so does the age of the pedestrians.

Older pedestrians are frailer and more likely to suffer severe injury or death in a collision.

So, the increase of older pedestrians would naturally lead to a rise in pedestrian fatalities.

Because of slower walking speeds, older pedestrians are especially at risk on roads that take longer to cross, especially if they choose not to use a crosswalk.

There’s also an increasing number of, believe it or not, bicyclists killing elderly pedestrians.

It’s still relatively rare now, but as the population continues to age and bicycles continue to get faster and more advanced, it might become more common in the future.

Knowing Is Half The Battle

Above are just a few of the factors that could be contributing to the rise in pedestrian fatalities.

As a driver or a pedestrian, the best thing to do to prevent pedestrian fatalities is to know what’s causing them.

If you or someone you know has been involved in an accident as a pedestrian, the first thing you need to do is reach out to a lawyer.

The legal system can be intimidating, but an experienced attorney will hold your hand through the entire process and make sure you get the compensation you deserve.

If you’re ready to get started today, contact the lawyers at The Brown Firm.