Police identified a pedestrian killed in a hit-and-run accident early Monday morning as a 33-year-old woman from San Antonio, TX. The Atlanta Police Department stated that their investigation indicates that the woman was struck by a car shortly after 2 AM when she attempted to cross Donald Lee Hollowell Parkway outside of the crosswalk near Finley Avenue. The driver who struck her fled the scene and authorities have not yet identified them. The victim was pronounced dead at the scene.
There is a common misconception about “jaywalking” — which is a term commonly used to refer to pedestrians crossing outside of a marked crosswalk. In truth, jaywalking is not a term that is used in Georgia’s traffic code, and in most places, it is permissible for a pedestrian to cross outside of a crosswalk, as long as they yield to traffic. Even if a pedestrian is struck while crossing a road outside of a marked crosswalk — indicating that they failed to yield to traffic — the driver can still be found liable for the accident if it can be shown that they were speeding before the accident occurred, as this makes it difficult for a pedestrian attempting to cross a roadway to judge if there is a sufficient gap in traffic in which to do so.
Regardless of whether a driver was driving lawfully when a pedestrian accident occurred, it is against Georgia’s traffic code to leave the scene of an accident in which someone is injured or killed without first contacting the local police department and reporting the injury. If law enforcement is able to locate the hit-and-run driver, they not only face a criminal charge with consequences including incarceration, but they also can be liable for compensating the victim or their family members through the personal injury or wrongful death claims process.
If you were injured or lost a loved one as a result of a pedestrian accident, let an experienced car accident attorney from Cambre & Associates help you understand the process of receiving compensation for your injury or loss and the services we can provide to assist you. Contact us for your free case evaluation.
