When Are Pedestrians at Fault in Accident Cases?

Pedestrian accidents are often tragic, with drivers typically bearing the brunt of the blame. However, there are circumstances where pedestrians can be held partially—or even fully—at fault for a collision. In Georgia, understanding when a pedestrian may be legally responsible is important for both injury victims and those navigating liability claims.

At The Scott Pryor Law Group, we’ve helped clients throughout Georgia, including Lawrenceville and Peachtree Corners, understand their rights and responsibilities in pedestrian accident claims. Below, we break down the circumstances that can lead to pedestrian liability and what it means for injury claims.

Situations Where Pedestrians May Be at Fault

Just like drivers, pedestrians have a duty to follow traffic laws and exercise reasonable caution. Failing to do so can put them at risk—not only of injury but also of being found liable for an accident. Here are common examples:

1. Jaywalking

When pedestrians cross the road outside a marked crosswalk or against traffic signals, they violate Georgia traffic laws. If a crash occurs under these conditions, the pedestrian may be held partially or fully liable.

2. Crossing Against the Signal

Pedestrians must obey traffic control devices. If someone enters a crosswalk when the “Do Not Walk” signal is flashing and is hit by a vehicle, their actions could affect the outcome of any injury claim.

3. Walking While Distracted or Impaired

Just like distracted driving is dangerous, distracted walking—such as texting while crossing a busy road—can lead to preventable accidents. Similarly, being under the influence of drugs or alcohol impairs a pedestrian’s judgment and reaction time, increasing risk.

4. Sudden or Unexpected Roadway Entry

If a pedestrian darts into the street with little or no warning, a driver may not have time to react. Courts often consider this behavior negligent, especially if the driver had no reasonable opportunity to avoid the collision.

5. Walking in Prohibited Areas

Highways, bridges, and certain roads often have signage restricting pedestrian access. Entering these areas on foot violates traffic laws and could lead to pedestrian fault in the event of an accident.

Georgia’s Modified Comparative Negligence Rule

Georgia follows a modified comparative negligence system (O.C.G.A. § 51-12-33), which means a pedestrian can still recover damages even if they were partially at fault—as long as they are less than 50% responsible. However, any compensation is reduced by their percentage of fault.

Example: If a pedestrian is found 30% at fault and is awarded $100,000 in damages, they would receive $70,000. If they’re 50% or more at fault, they cannot recover anything.

How Fault Is Determined in Pedestrian Accidents

Fault is determined by examining the facts of the case, which may include:

Police accident reports
Eyewitness statements
Video or dashcam footage
Driver and pedestrian statements
Surveillance or traffic camera recordings
Forensic accident reconstruction

The goal is to piece together what happened, assess each party’s behavior, and determine who violated the law or acted carelessly.

Protecting Your Rights as an Injured Pedestrian

If you’ve been involved in a pedestrian accident—even if you’re unsure whether you may be partially at fault—do not assume you are disqualified from compensation. It’s essential to consult with a personal injury attorney who can review the details of your case and advise you of your options.

At The Scott Pryor Law Group, we:

Investigate the accident thoroughly to determine liability
Push back against insurance companies attempting to assign you unfair blame
Collect strong evidence and witness statements to support your claim
Calculate the full extent of your losses, including medical bills, lost wages, and pain and suffering

What To Do If You’re Involved in a Pedestrian Accident

Call 911 and get emergency help.
Document the scene: Take pictures, gather names of witnesses, and preserve evidence.
Seek medical care, even if you feel fine at first.
Avoid speaking to insurers before consulting an attorney.
Contact a personal injury lawyer who can help protect your rights and guide your next steps.

When to Call a Pedestrian Accident Lawyer

Even if you think you may share some blame, don’t hesitate to speak with a pedestrian accident attorney. Insurance companies often attempt to assign more fault to victims than is fair. An attorney can challenge these tactics and work to maximize your compensation.

The Scott Pryor Law Group is here to help Georgia residents—especially those in areas like Lawrenceville and Peachtree Corners—understand how liability works in pedestrian cases and ensure they aren’t taken advantage of.

Injured in a pedestrian accident and unsure of your legal standing? Contact The Scott Pryor Law Group today for a free consultation and personalized guidance.

Photo by CHUTTERSNAP on Unsplash

Scott Pryor

Managing Attorney | CEO

Scott is a U.S. Marine Veteran. He is a member of the State Bar of Georgia and is listed in the top 1% of trial attorneys in the nation by the Litigator Awards. He is also a member of Super Lawyers, National Trial Lawyers, the Georgia Trial Lawyers Association—Champion Level and sits on the Communications Committee of GTLA and the Multi-Million Dollar Advocates Forum.