[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/who-is-liable-if-a-pedestrian-is-hit-in-a-crosswalk\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/who-is-liable-if-a-pedestrian-is-hit-in-a-crosswalk\/","headline":"Who Is Liable If a Pedestrian Is Hit in a Crosswalk?","name":"Who Is Liable If a Pedestrian Is Hit in a Crosswalk?","description":"If you were hit by a car while walking in a crosswalk in Atlanta, you\u2019re probably wondering who is legally responsible\u2014and rightly so. In Georgia, the law gives pedestrians strong protections in crosswalks, but the details of liability can vary depending on what happened. Below, experienced crosswalk accident lawyers at Butler Kahn break down how… Continue reading Who Is Liable If a Pedestrian Is Hit in a Crosswalk?<\/span><\/a>","datePublished":"2025-08-13","dateModified":"2026-04-17","author":{"@type":"Person","@id":"https:\/\/butlerfirm.com\/blog\/author\/butler\/#Person","name":"Jeb Butler","url":"https:\/\/butlerfirm.com\/blog\/author\/butler\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/f5a02bc71d91db5fc8645f129c4424ce6ef7af7e24fe54f4a85315a9dd28f317?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/f5a02bc71d91db5fc8645f129c4424ce6ef7af7e24fe54f4a85315a9dd28f317?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Butler Kahn","logo":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","width":210,"height":93}},"image":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2021\/03\/pedestrian-laying.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2021\/03\/pedestrian-laying.jpg","height":667,"width":1000},"url":"https:\/\/butlerfirm.com\/blog\/who-is-liable-if-a-pedestrian-is-hit-in-a-crosswalk\/","about":["Pedestrian"],"wordCount":1045,"articleBody":"If you were hit by a car while walking in a crosswalk in Atlanta, you\u2019re probably wondering who is legally responsible\u2014and rightly so. In Georgia, the law gives pedestrians strong protections in crosswalks, but the details of liability can vary depending on what happened.Below, experienced crosswalk accident lawyers at Butler Kahn break down how Georgia law handles fault in crosswalk crashes. We\u2019ll explain who may be held liable, what laws apply, and how responsibility is determined under the state\u2019s legal rules.Drivers Must Yield to Pedestrians in CrosswalksDrivers must stop for people in crosswalks. The key statute is Georgia Code \u00a7 40-6-91. It says a driver must stop and stay stopped for a pedestrian who is:in the same half of the road as the car, orapproaching closely from the opposite side.This applies to marked crosswalks\u2014ones that are painted and visible\u2014as well as unmarked crosswalks at intersections. If a driver doesn\u2019t stop and hits someone, that driver has broken the law and can be held responsible.There are a few narrow exceptions, but most crosswalk accidents happen because a driver failed to yield as required.If a Driver Hits You in a Crosswalk, They Are Usually at FaultMost of the time, when a driver hits a pedestrian in a crosswalk, that driver is the one at fault. That\u2019s because failing to yield in a crosswalk is a direct violation of Georgia law.Even if the driver didn\u2019t see you, was \u201cjust distracted,\u201d or claims you \u201ccame out of nowhere,\u201d the law still holds them to a duty of care. Drivers must keep a proper lookout and follow traffic rules. If they didn\u2019t, and you got hurt as a result, they can be held liable.Here are a few examples that could make the driver legally responsible:They were texting or using their phone (a violation of Georgia Code \u00a7 40-6-241(c), Georgia\u2019s hands-free law).They rolled through a red light or stop sign.They were speeding and couldn\u2019t stop in time.They didn\u2019t stop even though you were already in the crosswalk.In all of these examples, the driver failed to meet their legal obligations.What If the Driver Left the Scene?If the driver hit you and then drove off, they\u2019ve committed a separate violation under Georgia Code \u00a7 40-6-270, Georgia\u2019s hit-and-run law. That\u2019s a criminal offense.Even if the driver is never found, you may still have options. For example, your uninsured motorist (UM) insurance could apply. But from a liability perspective, the driver is still at fault\u2014the problem is identifying them and making a claim.Can a Pedestrian Ever Be at Fault?Yes, but only in certain situations. For example, if you suddenly stepped into the crosswalk when it wasn\u2019t your turn, or if you walked against a red pedestrian signal, the driver might argue that you caused or contributed to the crash.Still, drivers in Georgia must do more than just follow the letter of the law. Georgia Code \u00a7 40-6-93 requires all drivers to be careful to avoid hitting pedestrians, even when the pedestrian may have made a mistake.If a case goes to court and both sides share some blame, Georgia uses a system called \u201cmodified comparative fault.\u201d Under Georgia Code \u00a7 51-12-33, if you were 49% or less responsible, you can still recover money\u2014but the amount is reduced based on your percentage of fault. If you were 50% or more at fault, you can\u2019t recover.Could Someone Besides the Driver Be Liable?Sometimes, yes. Georgia law allows for liability to extend beyond the driver in certain situations. Below are a few examples that courts recognize.Employers of the DriverIf the driver was working\u2014say, making deliveries, driving for a rideshare service, or operating a company car\u2014their employer may be responsible. Georgia follows the rule of \u201crespondeat superior,\u201d which means a business is liable for its employee\u2019s actions if they were acting within the scope of their job.This is supported by Georgia Code \u00a7 51-2-1 and Georgia Code \u00a7 51-2-2, which allow claims against an employer for negligent hiring or retention if the company should have known the driver was dangerous or unfit.Property Owners or ContractorsIf the crash happened because you were forced out of a crosswalk due to construction or obstacles\u2014like fencing, signage, or equipment\u2014the company or property owner that created the hazard might be at fault.Under Georgia Code \u00a7 51-3-1, property owners in Georgia owe a duty of care to people invited onto or near their property. If they failed to fix a known hazard or created a dangerous situation that led to your injury, they can be held liable.State or Local GovernmentIf the crosswalk itself was unsafe\u2014maybe the pedestrian signal wasn\u2019t working, the markings were faded, or there was no lighting\u2014you might have a claim against the government agency responsible for the road.These claims fall under the Georgia Tort Claims Act, which allows people to sue the state or its subdivisions in certain situations. However, the rules for suing the government are stricter, and you must give proper notice within a short deadline.What If a Mechanical Problem Caused the Crash?If a car\u2019s brakes failed or a safety system malfunctioned, and that failure caused the crash, the manufacturer of the car or part could be liable. This falls under Georgia\u2019s product liability law, Georgia Code \u00a7 51-1-11.These cases are more complex. You\u2019ll need to show that the defect directly caused the crash and that the part was defective when it left the manufacturer. But if the car failed because of poor maintenance by the driver, then the driver would still be responsible\u2014not the manufacturer.Atlanta Crosswalk Accident LawyerIf you were hit by a car while using a crosswalk in Atlanta, you don\u2019t have to figure this out alone. Pedestrian accident lawyers at Butler Kahn help people understand their rights and get answers. If someone else\u2019s carelessness caused your injuries, you deserve to know your options. Contact Butler Kahn by calling (678) 940-1444 or contacting us online for a free consultation."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/butlerfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Who Is Liable If a Pedestrian Is Hit in a Crosswalk?","item":"https:\/\/butlerfirm.com\/blog\/who-is-liable-if-a-pedestrian-is-hit-in-a-crosswalk\/#breadcrumbitem"}]}]