According to the Centers for Disease Control (CDC), 48 percent of fatal pedestrian accidents involved the influence of alcohol. This includes cases where the driver, the pedestrian, or both were impaired. The CDC reports that 36 percent of pedestrians killed in accidents involving alcohol had a blood alcohol concentration (BAC) above the legal limit.
If you are injured a Clayton County pedestrian accident attorney at Shane Smith Law can review the incident and advise you of your legal rights.
The Georgia Department of Transportation (GDOT) estimates that 70 percent of Georgia pedestrian accidents involve the pedestrian jaywalking, walking while impaired, or both. Georgia law protects victims and their families from injuries and losses sustained in pedestrian accidents. Liability for such accidents is determined using general negligence concepts. Georgia statutes dictate that in most cases pedestrians have the right of way. As a result, most pedestrian accidents are viewed through the perspective of the motorist violating the duty to exercise reasonable care near a pedestrian. However, a pedestrian who was drinking or crossed the street dangerously (or both) will likely have difficulty convincing a jury that they did not contribute to the accident.
Pedestrians can mitigate injuries by exercising care and common sense. Most pedestrian injuries occur between 3 p.m. and 11 p.m. when traffic is at its heaviest, drivers may not be concentrating and visibility could be limited by dusk or darkness. Pedestrians walking at night should take extra precautions; in addition to obeying traffic laws they should cross streets in well-lit areas where drivers have good visibility.
A Clayton County pedestrian accident attorney can help victims of pedestrian accidents. An experienced attorney at Shane Smith Law can secure police reports, eyewitness testimony and physical evidence.