Jaywalking happens when pedestrians cross the street outside of designated crosswalks or ignore traffic signals. While this might seem like a minor infraction, it can have significant consequences, especially if an accident occurs. In Atlanta, jaywalking is not only illegal but also dangerous, as it increases the risk of pedestrian accidents. If you or a loved one have been involved in a pedestrian accident, it’s essential to understand how jaywalking can impact your accident claim.
Why Jaywalking is Dangerous
When pedestrians jaywalk, they disrupt the normal flow of traffic. Drivers are not expecting pedestrians to cross in unmarked areas, making it harder for them to stop in time. Jaywalking increases the risk of accidents because it puts pedestrians in unexpected and often unsafe situations. Even though drivers must exercise caution, they might not have enough time to react to someone suddenly appearing in their path.
Legal Consequences of Jaywalking
In Atlanta, jaywalking is considered a violation of traffic laws. Pedestrians who jaywalk can be cited and fined. More importantly, if a pedestrian is injured while jaywalking, it can complicate the process of filing an accident claim. Georgia follows a modified comparative negligence rule, which means that if you are partially at fault for an accident, your compensation may be reduced by your percentage of fault. If you are found to be more than 50% at fault, you may not be able to recover any damages at all.
How Fault is Determined
Determining fault in a pedestrian accident can be complex, especially when jaywalking is involved. Insurance companies and courts will examine several factors, including the actions of both the pedestrian and the driver. If the pedestrian was jaywalking, it might be argued that they share the blame. However, drivers still have a duty to avoid collisions when possible. If a driver was speeding, distracted, or otherwise negligent, they could still be held partially responsible for the accident.
Impact on Accident Claims
When you file a claim after a pedestrian accident, the issue of jaywalking will likely be scrutinized. Insurance adjusters will look for any reason to reduce their liability, and jaywalking is an easy target. If you were jaywalking at the time of the accident, the insurance company might argue that you were at fault, which can reduce the amount of compensation you receive or even deny your claim altogether.
However, just because you were jaywalking does not automatically mean you cannot recover damages. The key is to prove that the driver’s negligence was a significant factor in causing the accident. If you can show that the driver was speeding, texting, or otherwise not paying attention, you may still have a valid claim. Gathering evidence, such as witness statements, traffic camera footage, and expert testimony, can help strengthen your case.
Steps to Take After a Pedestrian Accident
If you are involved in a pedestrian accident, it’s crucial to take certain steps to protect your rights and improve your chances of a successful claim. First, seek medical attention. Getting medical help also creates a record of your injuries, which will be important for your claim.
Next, gather as much information as possible at the scene. This includes taking photos of the accident site, your injuries, and any damage to the vehicle involved. If there are witnesses, get their contact information and ask for statements. Report the accident to the police and obtain a copy of the police report, as this document can provide valuable details about the incident.
Atlanta Pedestrian Accident Lawyer
Navigating a pedestrian accident claim, especially when jaywalking is involved, is challenging. Insurance companies may try to take advantage of your lack of legal knowledge to minimize or deny your claim. It’s important to have someone on your side who understands the law and can advocate for your rights. Contact Butler Kahn, PC by calling (678) 940-1444 or contacting us online for a consultation. You deserve to know your options and get the help you need to move forward.
