If you were hit by a car while walking in a crosswalk in Atlanta, you’re probably wondering who is legally responsible—and rightly so. In Georgia, the law gives pedestrians strong protections in crosswalks, but the details of liability can vary depending on what happened.
Below, experienced crosswalk accident lawyers at Butler Kahn break down how Georgia law handles fault in crosswalk crashes. We’ll explain who may be held liable, what laws apply, and how responsibility is determined under the state’s legal rules.
Drivers must stop for people in crosswalks. The key statute is Georgia Code § 40-6-91. It says a driver must stop and stay stopped for a pedestrian who is:
This applies to marked crosswalks—ones that are painted and visible—as well as unmarked crosswalks at intersections. If a driver doesn’t stop and hits someone, that driver has broken the law and can be held responsible.
There are a few narrow exceptions, but most crosswalk accidents happen because a driver failed to yield as required.
Most of the time, when a driver hits a pedestrian in a crosswalk, that driver is the one at fault. That’s because failing to yield in a crosswalk is a direct violation of Georgia law.
Even if the driver didn’t see you, was “just distracted,” or claims you “came out of nowhere,” the law still holds them to a duty of care. Drivers must keep a proper lookout and follow traffic rules. If they didn’t, and you got hurt as a result, they can be held liable.
Here are a few examples that could make the driver legally responsible:
In all of these examples, the driver failed to meet their legal obligations.
If the driver hit you and then drove off, they’ve committed a separate violation under Georgia Code § 40-6-270, Georgia’s hit-and-run law. That’s a criminal offense.
Even if the driver is never found, you may still have options. For example, your uninsured motorist (UM) insurance could apply. But from a liability perspective, the driver is still at fault—the problem is identifying them and making a claim.
Yes, but only in certain situations. For example, if you suddenly stepped into the crosswalk when it wasn’t your turn, or if you walked against a red pedestrian signal, the driver might argue that you caused or contributed to the crash.
Still, drivers in Georgia must do more than just follow the letter of the law. Georgia Code § 40-6-93 requires all drivers to be careful to avoid hitting pedestrians, even when the pedestrian may have made a mistake.
If a case goes to court and both sides share some blame, Georgia uses a system called “modified comparative fault.” Under Georgia Code § 51-12-33, if you were 49% or less responsible, you can still recover money—but the amount is reduced based on your percentage of fault. If you were 50% or more at fault, you can’t recover.
Sometimes, yes. Georgia law allows for liability to extend beyond the driver in certain situations. Below are a few examples that courts recognize.
Employers of the Driver
If the driver was working—say, making deliveries, driving for a rideshare service, or operating a company car—their employer may be responsible. Georgia follows the rule of “respondeat superior,” which means a business is liable for its employee’s actions if they were acting within the scope of their job.
This is supported by Georgia Code § 51-2-1 and Georgia Code § 51-2-2, which allow claims against an employer for negligent hiring or retention if the company should have known the driver was dangerous or unfit.
Property Owners or Contractors
If the crash happened because you were forced out of a crosswalk due to construction or obstacles—like fencing, signage, or equipment—the company or property owner that created the hazard might be at fault.
Under Georgia Code § 51-3-1, property owners in Georgia owe a duty of care to people invited onto or near their property. If they failed to fix a known hazard or created a dangerous situation that led to your injury, they can be held liable.
State or Local Government
If the crosswalk itself was unsafe—maybe the pedestrian signal wasn’t working, the markings were faded, or there was no lighting—you might have a claim against the government agency responsible for the road.
These claims fall under the Georgia Tort Claims Act, which allows people to sue the state or its subdivisions in certain situations. However, the rules for suing the government are stricter, and you must give proper notice within a short deadline.
If a car’s brakes failed or a safety system malfunctioned, and that failure caused the crash, the manufacturer of the car or part could be liable. This falls under Georgia’s product liability law, Georgia Code § 51-1-11.
These cases are more complex. You’ll need to show that the defect directly caused the crash and that the part was defective when it left the manufacturer. But if the car failed because of poor maintenance by the driver, then the driver would still be responsible—not the manufacturer.
If you were hit by a car while using a crosswalk in Atlanta, you don’t have to figure this out alone. Pedestrian accident lawyers at Butler Kahn help people understand their rights and get answers. If someone else’s carelessness caused your injuries, you deserve to know your options. Contact Butler Kahn by calling (678) 940-1444 or contacting us online for a free consultation.