Georgia law is unambiguous. Drivers must stop and remain stopped for pedestrians in crosswalks. Not slow down. Not squeeze past. Stop completely and stay stopped until the pedestrian has crossed.
Yet pedestrians continue to be struck in crosswalks throughout Georgia. When drivers violate these clear rules, injured pedestrians have strong claims for compensation.
Georgia’s Stop and Remain Stopped Rule
In 1995, Georgia strengthened its crosswalk law. Under O.C.G.A. § 40-6-91, the driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway on which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of that half.
This means drivers must stop when a pedestrian is on their side of the road or approaching from one lane away. Drivers cannot proceed until the pedestrian has safely reached the opposite side.
The law applies to marked crosswalks with painted lines and unmarked crosswalks at intersections. Every intersection has a legal crosswalk whether or not lines are painted.
Unmarked Crosswalks
Many pedestrians and drivers do not realize that unmarked crosswalks exist. Under Georgia law, a crosswalk exists at any intersection where sidewalks or pedestrian paths would logically connect, even without painted markings.
Pedestrians using these unmarked crosswalks have the same rights as those using marked crosswalks. Drivers have the same duty to stop and remain stopped.
The absence of paint does not diminish driver responsibility. If an intersection exists, a crosswalk exists.
Pedestrian Duties
Georgia law also imposes duties on pedestrians. Under O.C.G.A. § 40-6-91(b), no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield.
This means pedestrians cannot dart into traffic. They must give drivers a reasonable opportunity to stop. A pedestrian who steps directly in front of a moving car shares fault for the resulting collision.
Additionally, O.C.G.A. § 40-6-92 requires pedestrians crossing outside crosswalks to yield to vehicles. Between adjacent intersections with operating traffic signals, pedestrians must use marked crosswalks.
Comparative Negligence in Crosswalk Cases
Georgia’s modified comparative fault rule applies to pedestrian accidents. Under O.C.G.A. § 51-12-33, fault is allocated among all parties. A pedestrian who is less than 50% at fault can recover damages reduced by their percentage of responsibility.
Common arguments about pedestrian fault include crossing against signals, entering the crosswalk suddenly, being distracted by phones, or wearing dark clothing at night. These arguments can reduce recovery but do not eliminate driver liability when drivers failed to stop for pedestrians legally using crosswalks.
Violations as Evidence
A driver who strikes a pedestrian in a crosswalk has typically violated O.C.G.A. § 40-6-91. This violation can establish negligence per se, meaning the violation itself proves the driver breached their duty of care.
The injured pedestrian must still prove that the violation caused their injuries and the extent of damages. But the core liability question is largely settled by the statutory violation.
Passing Stopped Vehicles
O.C.G.A. § 40-6-91(d) addresses a particularly dangerous scenario. When any vehicle stops at a crosswalk to allow a pedestrian to cross, no vehicle approaching from the rear may overtake and pass the stopped vehicle.
Drivers who pass stopped vehicles at crosswalks often cannot see the pedestrian the first vehicle stopped for. The results can be catastrophic. This violation is especially strong evidence of negligence.
Mid-Block Crossings
Pedestrians injured while crossing outside crosswalks face more complex claims. Under O.C.G.A. § 40-6-92, pedestrians crossing at points other than crosswalks must yield to vehicles unless they have already safely entered the roadway.
However, drivers still have a duty of ordinary care at all times. A driver who sees a pedestrian crossing and fails to take reasonable action to avoid a collision may still be liable. The pedestrian’s failure to use a crosswalk affects comparative fault but does not give drivers permission to strike pedestrians.
Jaywalking, as it is commonly called, is not an enumerated crime in Georgia. Pedestrians crossing outside crosswalks have reduced right-of-way, but crossing outside a crosswalk is not automatically illegal.
Common Crosswalk Accident Causes
Crosswalk accidents often involve predictable driver behaviors.
Failure to look before entering an intersection, particularly when turning.
Right turns on red when drivers watch only for vehicle traffic and miss pedestrians.
Left turns across crosswalks where pedestrians have a walk signal.
Distracted driving that prevents drivers from seeing pedestrians in time to stop.
Speeding that reduces reaction time and increases impact severity.
Running red lights that puts vehicles in intersections during pedestrian crossing phases.
Each of these behaviors may support both negligence claims and, in some cases, negligence per se arguments.
Injuries to Pedestrians
Pedestrians have no protection when struck by vehicles. The human body absorbs the full impact. Injuries tend to be severe relative to vehicle-versus-vehicle collisions at similar speeds.
Lower extremity fractures occur when the vehicle bumper strikes the pedestrian’s legs. The impact often throws the pedestrian onto the hood and then to the ground, causing additional head, spine, and internal injuries.
Pedestrian fatalities are disproportionately common. Even at moderate speeds, the force of vehicle impact can be fatal.
Evidence in Crosswalk Cases
Building a strong case requires evidence of both the driver’s conduct and the pedestrian’s lawful use of the crosswalk.
Traffic signal timing records can establish whether the pedestrian had a walk signal. Surveillance footage from nearby businesses often captures intersection accidents. Witness statements from other pedestrians or drivers can corroborate what happened. Vehicle damage patterns and final positions help reconstruct the collision. Police reports document the scene, though officers’ conclusions about fault are not binding.
Drivers often claim they did not see the pedestrian. Evidence showing that a reasonable driver would have seen the pedestrian undermines this defense.
Deadlines for Claims
Georgia’s two-year statute of limitations applies to pedestrian injury claims. For wrongful death claims, the two-year period begins at the date of death rather than the date of the accident.
Pedestrian accident scenes change quickly. Witnesses leave. Traffic patterns return to normal. Prompt investigation helps preserve evidence that establishes what happened and who violated which duties.
Crosswalk accidents often cause serious pedestrian injuries despite clear laws requiring drivers to stop and remain stopped. This is general information about Georgia pedestrian claims. Specific accidents require analysis of the location, the parties’ conduct, and the available evidence.