Can I Sue if a Car Hits me While in a Crosswalk in Atlanta?

Can I Sue if a Car Hits me While in a Crosswalk? | Car Crash Lawyer

If you’re crossing the street in a crosswalk, you have the right of way. There is no question about this. Cars know that they need to yield to pedestrians while they’re in a crosswalk. For the most part, pedestrians always have the right of way.

Even if they don’t technically have the right of way, pedestrians are in the worst position to prevent an accident. This is why drivers always have to keep an eye out for people on foot. A driver has a lot more control when it comes to avoiding a traffic collision.

The reason cities like Atlanta installed crosswalks was to keep pedestrians safe. More and more people are walking these days as opposed to driving. It’s good for the environment and it’s good for their health. This is why cities like to encourage people to walk the city streets.

When drivers ignore crosswalks or the people in them, they need to be held accountable. If you or your loved one were injured while in a crosswalk, you need to call an experienced car crash lawyer. They’ll work hard to make sure you get the compensation you deserve.

What is the Rule When a Pedestrian is in a Crosswalk in Atlanta?

In Atlanta, as in all other cities, if a pedestrian is in a crosswalk, they have the right of way. Cars and buses need to yield to pedestrians. The crosswalk is the one way a pedestrian can stay safe. They shouldn’t have to worry about cars running them over when they’re in their safe space.

For some reason, however, some drivers just don’t abide by the rules about crosswalks. If they see someone crossing, they’d rather speed through the intersection instead of waiting for the person to pass by. This is due to impatience. It’s also caused by drivers who just don’t care about pedestrians.

Common Causes of Pedestrian Accidents

There is no question about who’s at fault when a pedestrian is hit in a crosswalk. The person driving the car or SUV will be held liable. There are very few exceptions to this. Situations in which the pedestrian may actually be held responsible include:

  • The pedestrian darts into the crosswalk without warning
  • The pedestrian is high or drunk and weaves in and out of the crosswalk
  • The person is wearing all black and crosses in the crosswalk at night
  • There is no lighting provided by the city to help drivers see the crosswalk
  • The pedestrian is trying to get hit by a car

While these things do happen, they are rare. Most of the time, the person driving is absolutely responsible for the pedestrian’s injuries. Some of the more common causes of a pedestrian accident in a crosswalk include:

  • The driver is speeding and can’t slow down in time
  • Distracted driving
  • Fatigued driving
  • Reckless driving
  • The driver is high or drunk at the time of the crash
  • The driver honestly doesn’t see the pedestrian

Regardless of the reason, your car accident lawyer in Atlanta will have to prove negligence.

How Does Your Car Crash Lawyer Prove Negligence?

In order to prove negligence, your Atlanta car accident lawyer needs to show the following four (4) things:

  • The defendant owed you a duty of care – There is no question that a driver owes pedestrians a duty of care. This will not be hard for you to prove.
  • They breached this duty – This will be the biggest obstacle you face. Your lawyer needs to show that the defendant didn’t act the way a reasonable driver would act.
  • You were injured – Pedestrians typically suffer very serious injuries if they’re hit by a car. You need to prove these injuries in order to recover damages.
  • Your injuries were caused by the defendant’s breach – This will also be easy to prove. It will be hard for the defendant to argue that something other than their hitting you with their car caused your injuries.

If you can prove all four of these things, you’ll have a good chance of recovering damages.

Contact an Experienced Car Crash Lawyer in Atlanta

If you get hit by a car while walking in a crosswalk, you have rights. An experienced car crash lawyer in Atlanta can help protect these rights. Call Ted A. Greve & Associates today and schedule your free initial consultation. Let a lawyer sit down and answer any questions you may have. And remember – you pay nothing until you settle your case.