Georgia assigns fault between driver and pedestrian under specific rules, then divides damages by percentage. The driver has an overriding duty: O.C.G.A. § 40-6-93 says that “notwithstanding other provisions,” every driver “shall exercise due care to avoid colliding with any pedestrian,” and must take proper precautions upon seeing a child or an obviously confused person.
| Situation | Rule | Who has the right of way |
|---|---|---|
| Inside a crosswalk | § 40-6-91(a): driver stops when the pedestrian is on the driver's half or within one lane | Pedestrian |
| Darting out | § 40-6-91(b): no pedestrian may suddenly leave a curb into the path of a vehicle too close to yield | Driver |
| Outside a crosswalk | § 40-6-92(a): yield to vehicles | Driver, unless the pedestrian already entered safely |
| Between signaled intersections | § 40-6-92(c): only in a marked crosswalk | Driver |
A violation by either party can be argued as negligence per se. A pedestrian’s mistake doesn’t end the case by itself: § 51-12-33 reduces the recovery, unless the pedestrian reaches 50 percent. Children aren’t judged as adults on capacity for fault.
Other coverage may apply. A pedestrian may have uninsured motorist coverage through a household policy, since § 33-7-11(b)(1)(B) covers the named insured and resident family “while in a motor vehicle or otherwise.” Medical payments coverage may also reach them, depending on the policy.
If the driver left, § 40-6-270 applies, and an unknown driver is treated as uninsured under § 33-7-11(b)(2), with an actual contact requirement that’s easy to meet in a pedestrian case. A city-owned road design claim adds notice rules. The two-year injury period remains the default, § 9-3-33.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.