Articles Tagged with pedestrian accidents

In late October last year, a pedestrian was killed in Marietta while crossing the intersection of South Marietta Parkway and Aviation Road. While tragic, pedestrian deaths are all too common and on the rise. In fact, a nationwide report found that in 2019, pedestrian deaths in the United States hit their highest level since 1988, with an estimated 6,590 pedestrians killed in traffic accidents. Further mirroring national trends, the Marietta pedestrian death occurred during darkness, more than two hours before sunrise. The death also highlighted national trends, as roughly one in five pedestrian deaths in the U.S. occur in intersections.

Walking Near Vehicular Traffic is a Dangerous Proposition

Let’s face it, walking along a roadway – let alone crossing one – can be a hazardous proposition. In 2017, an estimated 137,000 pedestrians were treated in emergency rooms following traffic accidents. There is no telling how many did not seek ER treatment. Given the estimated 6,590 pedestrian traffic deaths in 2019, which is up from 2017, it is reasonable to believe that traffic injuries to pedestrians that were treated in emergency rooms also increased from 2017. Based on 2017 statistics, pedestrians are 1.5 times more likely to be killed in a traffic accident, per trip, than are passenger vehicle occupants.

On October 17, a man was struck by a motor vehicle while crossing I-75 on foot. The victim was pronounced dead on the scene, and the driver of the car that struck him indicated that the victim walked out into the lane in front of his vehicle. In Georgia, there were 261 pedestrian fatalities in 2018, and 253 in 2017. Pedestrian deaths in Georgia increased by 60% between 2013 and 2018. Authorities are still investigating the circumstances of the incident and the cause of the pedestrian crossing the highway on that point.

Pedestrians who suffer injuries after being struck by motor vehicles may be entitled to recover damages by filing a personal injury claim.

Negligence and Personal Injury Claims

The Atlanta region is widely known as one of the most dangerous metropolitan areas for pedestrians. All Georgia drivers have a legal duty to stop and yield to a pedestrian in a crosswalk. But pedestrians must also exercise care. Among other things, if a pedestrian crosses a road outside of a clearly marked crosswalk, he or she must yield to traffic. A pedestrian who ignores this rule assumes the risk of injury and may not be able to win a personal injury claim if hit by a car.

Politzer v. Xiaoyan

Here is an example of how Georgia courts will not show much sympathy for a pedestrian who fails to follow the rules of the road. The plaintiff in this case was out walking in her neighborhood one evening. It was already dark out and the plaintiff was wearing mostly black clothing. As she was completing her walk and returning home, the plaintiff crossed a road outside of the crosswalk, which she claimed was “unsafe” because drivers were known to speed through the intersection without stopping and yielding to pedestrians.

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