What Are Georgia’s Pedestrian Safety Laws?
October is Pedestrian Safety Month
Every year, hundreds of pedestrians in Georgia are hit by cars, and many of those crashes could have been prevented if drivers had simply followed the law. During October’s Pedestrian Safety Month, it’s especially important to shine a light on Georgia’s pedestrian protection laws and how they can help injured victims hold drivers accountable.
At the Law Offices of Gary Martin Hays & Associates, P.C., we represent people who’ve been hit while walking. We know the devastating toll these crashes can take, and we know how to use Georgia law to fight back.
Drivers Have a Legal Duty to Yield to Pedestrians in Georgia
Under Georgia law (O.C.G.A. § 40-6-91), drivers are required to stop and remain stopped for pedestrians in a crosswalk when the pedestrian is on the half of the roadway where the vehicle is traveling, or approaching so closely as to be in danger.
This doesn’t just mean stopping if someone is already halfway through the crosswalk. Drivers must be alert, slow down, and stop any time a pedestrian is lawfully crossing the road and could be at risk. That includes school zones, intersections, and areas without traffic signals.
Too often, drivers claim they “didn’t see” the person they hit. But distraction, speeding, and failure to yield are no excuse. Georgia law puts the burden on drivers to stay alert and avoid hitting people who have the right of way.
Midblock Crossings and Jaywalking Aren’t Automatic Fault
Some drivers assume that if a pedestrian wasn’t in a marked crosswalk, they’re automatically to blame. That’s not true under Georgia law.
While pedestrians are supposed to yield to traffic when crossing midblock (O.C.G.A. § 40-6-92), drivers still have a duty to exercise “due care” to avoid collisions with any pedestrian (O.C.G.A. § 40-6-93). In other words, even if someone is jaywalking, drivers must slow down, be aware of their surroundings, and do everything they can to prevent a crash.
This law is especially important in cases involving children, elderly adults, or pedestrians with disabilities, all of whom are recognized as more vulnerable under state and federal law. Drivers who fail to take extra care in areas where vulnerable pedestrians are present may be held liable for their actions.
How Pedestrian Accidents Happen...and Why the Law Matters
Georgia saw 310 pedestrian deaths in 2023. In the vast majority of these cases, the driver was at fault. According to state safety data, the most common driver-related causes of pedestrian accidents include:
- Failing to yield at intersections and crosswalks
- Speeding through residential or downtown areas
- Running red lights or stop signs
- Driving under the influence
- Texting while driving or other distractions
When a driver ignores safety laws and hits someone, the crash often results in catastrophic injuries — from broken bones and internal damage to brain injuries, spinal cord trauma, or death. That’s why Georgia’s pedestrian safety laws exist and why civil claims matter after a crash.
Proving Liability With Georgia Pedestrian Laws
One of the key benefits of Georgia’s pedestrian protection statutes is that they help establish driver fault in civil injury cases.
When a driver violates a traffic safety law and causes a crash, it may create a presumption of negligence under the legal theory of “negligence per se.” That means the driver broke a safety rule designed to protect people, and someone got hurt as a result.
For example, if a driver hits a pedestrian in a crosswalk after running a red light or failing to yield, the injured pedestrian may have a strong legal claim for damages based on the law itself.
At Gary Martin Hays & Associates, we know how to investigate these crashes, document what happened, and use every applicable law to build a compelling case.
What to Do If You Were Hit by a Car While Walking
If you were hit by a car in Georgia, you may be entitled to compensation for your medical bills, lost income, pain and suffering, and more. But to protect your rights, it’s important to take the right steps:
- Call 911 and request police and emergency medical help
- Get medical treatment as soon as possible — even for minor injuries
- Get a copy of the police report, and make note of the driver’s name and license plate
- Avoid speaking to the driver’s insurance company alone
- Talk to an experienced pedestrian accident lawyer who understands Georgia law
Even if you were outside of a crosswalk or partially at fault, Georgia’s comparative negligence law may still allow you to recover compensation, as long as you were less than 50% responsible for the crash. Don’t let an insurance company tell you otherwise.
Why Pedestrian Safety Month Matters
October is National Pedestrian Safety Month, and for good reason. The fall season brings more darkness, more school traffic, and more risks for pedestrians, especially kids walking to school or trick-or-treating on Halloween.
But pedestrian safety isn’t just about tips and awareness. It’s about accountability. When drivers violate the law and cause serious harm, they need to be held responsible. That’s how real change happens, and how injured victims get justice.
Hit While Walking in Georgia? Get Georgia's Power Law Firm On Your Side.
At Gary Martin Hays & Associates, we’ve helped thousands of injured victims throughout Georgia, including people who were hit while walking. We know the laws. We know the tactics insurance companies use. And we know how to fight for the full compensation our clients deserve. We've recovered over $1 billion for Georgia families and would be honored to talk to you about your potential legal options.
Don’t let a reckless driver or pushy insurance adjuster take away your rights. Contact us today for a free consultation, and let us fight for you.
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