Norcross, GA asked in Car Accidents for Georgia

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

Related Topics:
1 Lawyer Answer
Jamie B Hernan
Jamie B Hernan
  • Personal Injury Lawyer
  • Roswell, GA
  • Licensed in Georgia

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.