In highly populated areas, car accidents involving pedestrians are unfortunately common. While they also occur in rural areas, the circumstances of the urban environment are more conducive to pedestrian accidents. According to Merriam-Webster, a pedestrian is someone who is traveling, or going, on foot. Pedestrians are quite common in busy areas, with everyone walking to and from work, engaging in exercise, or traveling to points of interest and restaurants. 

 

Pedestrians, however, are at an increased risk of getting hit by cars. In fact, instances of pedestrian fatalities in the state of Georgia have been on the rise over the past decade. 

 

Crosswalks are designated areas (usually outlined in white paint on the roadway) where pedestrians can cross the street safely at certain times. While nearly everyone should know how crosswalks work, not every driver is diligent in following these rules. When a driver ignores the rules of the crosswalk, a pedestrian accident can occur. 

 

In the state of Georgia, it is illegal for drivers to cut pedestrians off in the crosswalk or to try to squeeze past them when they are on the same side of the roadway. The law that instructs drivers on exactly what to do when a pedestrian is in a crosswalk is called “The Stop and Stay Law.” 

 

The Stop and Stay Law is self-explanatory: the driver must stop and stay stopped in order to let the pedestrian cross the road safely. The pedestrian, however, must also use caution when crossing the street. They must not suddenly walk into the road or put themselves in the path of an oncoming vehicle that does not have time to stop. 

 

In spite of the law, and in spite of the risk of tickets, injuries, and vehicle damage, drivers still might not exercise the appropriate caution when dealing with pedestrians. In this latest blog post, we will outline some of the most common causes of pedestrian accidents. 

 

Distracted Driving 

 

Distracted driving accounts for the most pedestrian accidents in the state of Georgia. While programs like the Bicycle & Pedestrian Program attempt to increase awareness of lawful pedestrian activities and educate drivers about pedestrian safety, these instances are still unfortunately a common occurrence. 

 

Many times, distracted driving has to do with the driver being on the cell phone while driving. This could include either texting or being on the phone. But there could be other instances of distracted driving that occur in other ways. 

 

Examples include eating, applying makeup, and programming the GPS or radio. Across different types of motor vehicle accidents, distracted driving is consistently the number one cause

 

It is crucial that drivers understand their responsibilities while they are on the road. They should keep their attention on the road at all times. Drivers should also take time out to check their mirrors before embarking on any journey. Properly adjusted mirrors (both rear view and side mirrors) can make it possible to see pedestrians in what would otherwise be a blind spot. 

 

Speeding 

 

One of the most common causes of motor vehicle accidents involving pedestrians is speeding. In these cases, the driver is driving too fast. When drivers engage in speeding, the time needed to stop is limited, and they cannot stop the car in time if there is a pedestrian in the roadway. The faster a vehicle is moving, the more devastating the crash. 

 

While many drivers engage in the act of speeding, it does have its consequences. Drivers should take the time to acknowledge speed limit signs and check that they are going the appropriate speed for the area. Cutting down on speeding and being more vigilant will help save pedestrians’ lives. 

 

According to the Governor’s Office of Highway Safety, the Atlanta area accounted for 60% of pedestrian-related crashes in Georgia. This far exceeds the population percentage of the area relative to the state at large. Therefore, it is important to ensure that drivers know the best course of action when dealing with pedestrians on the road. 

 

Drowsy Driving 

 

In today’s fast-paced world, we could probably all use a little bit more sleep. But that’s no excuse for getting behind the wheel when you’re sleep deprived. In the state of Georgia, drowsy driving, or driving after not having had enough sleep, is a leading cause of pedestrian accidents. The effects that drowsiness can have on a driver mimic the effects of drugs and alcohol: According to the National Highway Traffic Safety Administration, sleepiness can affect cognition and performance. 

 

Generally speaking, pedestrian accidents related to drowsy driving include three factors:

  • Occurring between midnight and 6 a.m. or in the late afternoon, which is when people often experience dips in the internal clock that regulates sleep patterns

  • Usually involve a single driver (and no passengers) running off the road at a high rate of speed with no evidence of braking

  • Unlike other pedestrian accidents, they frequently occur on rural roads and highways

In Georgia, 79% of pedestrian accidents occurred during the night time hours. This could be due to drowsy driving or something like pedestrian visibility. This is why it is crucial for drivers to ensure that they get enough sleep (or that they get a ride from a rideshare or a friend if they are too sleepy) and that pedestrians wear visible clothing at night.

Failure to Adhere to Roadway Rules 

 

In a broad sense, when drivers fail to adhere to roadway rules, pedestrian accidents can occur. 

 

According to a municipal study, the most common maneuvers drivers performed immediately prior to a pedestrian accident were making a left turn, making a right turn, backing up or making a U-turn immediately before hitting or injuring a pedestrian. That is why it is crucial for drivers to take the time to check for pedestrians before making these types of maneuvers. 

 

As mentioned previously, drivers should always check for pedestrians in sidewalks before proceeding into turns. If a driver fails to stop for pedestrians, they are subject to a traffic ticket. Drivers should also take extra precautions in busy areas, at night, and should always follow all traffic signs and regulations in the area. 

What Pedestrians Can Do 

 

A pedestrian is also likely to be involved in an accident when he or she darts in front of a vehicle, doesn’t wear reflective gear at night, or disrupts the normal flow of traffic. This is why it is crucial for pedestrians to do their part when taking to the streets. You should always wear visible clothing, adhere to crosswalk and traffic signal regulations, and stay in designated areas. 

Regardless of the circumstances surrounding your accident, it is important for you to contact a personal injury attorney if you were injured in an accident while you were a pedestrian. Call us today for a free consultation of your case–you shouldn’t have to suffer due to someone else’s negligence. 

The Takeaway 

 

Many times, pedestrians take every precaution when walking around their city. They remain vigilant and engage in careful, prudent actions. However, sometimes accidents still can occur due to a motor vehicle driver’s negligence. You as a pedestrian are entitled to rights if you’ve suffered an injury as a result of someone else’s actions. 

 

Pedestrians may also have cases against property owners, drivers, construction zone managers, and/or several other parties for damages, depending on the situation. Personal injury claims may not be able to fix the issues causing an increase in pedestrian deaths in Georgia, but they can help victims look forward to brighter futures.

At Castan & Lecca, we know what it takes to fight for your rights after you’ve sustained an injury, which is why we take pride in our team of experienced attorneys who consistently deliver superior results. Call us today for a free consultation of your case. 

(864)761-4141

Dustin Thompson

Attorney

Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence.  Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.

MICHAEL BOESCHEN

Attorney

Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA

CHRISTIAN PECONE

Attorney

ED DENKER

Attorney

Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel

ILIANA DOBREV

Attorney

Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish
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KEN THAXTON

Attorney

Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund
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ALEXANDER LECCA

Attorney

Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church

DANIEL CASTAN 

Attorney

Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C.  Dan was admitted to the Georgia Bar in November, 1993.  He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.