Q: My dau was in GA but wasn't in a crosswalk. A car entered & turned left into her before she got to other side. At fault?
Both my dau (pedestrian) and car that entered street and hit her started from same side of street (from same apt complex). Based on § 40-6-92 - "Crossing roadway elsewhere than at crosswalk," is the pedestrian at fault for the accident or the person driving the car that entered the street and turned left into her? _signed Madfox
A:
The answer to your question depends on who you are asking. The insurance company for the driver is going to claim that your daughter was negligent in failing to cross at the crosswalk and yield to the right of way of the driver. Yet, if you were asking me or another personal injury attorney that was advocating for her, the answer would be that the driver was under the duty to avoid the accident even if your daughter was not in the crosswalk. And, that it was the driver that had the last opportunity to avoid the accident and that the driver had actually violated OCGA 40-6-93 which states that drivers shall exercise due care to avoid colliding with any pedestrian on the roadway.
It sounds like your daughter, or you if she is a minor child, should speak to an attorney directly to discuss her case and see if she has viable claims. I hope she is doing OK. Best of luck to you.
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