What Is a Crosswalk Accident Case?

Struck by a vehicle in a crosswalk? Drivers have a legal duty to yield to pedestrians in crosswalks. Our attorneys fight for maximum compensation when negligent drivers injure pedestrians at marked and unmarked crossings.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Crosswalk Accident Lawyers in Georgia & South Carolina

Crosswalks are supposed to be the safest place for a pedestrian to cross the street — yet thousands of pedestrians are injured or killed in crosswalks every year. When a driver fails to yield to a pedestrian in a crosswalk, the consequences are devastating. The NHTSA reports that over 7,500 pedestrians were killed in traffic crashes in a recent year, with a significant portion of those fatalities occurring at or near crosswalks and intersections.

At Roden Law, our crosswalk accident lawyers represent injured pedestrians throughout Georgia and South Carolina. We understand the specific traffic laws that protect pedestrians at crossings and hold negligent drivers fully accountable for the harm they cause.

Pedestrian Right-of-Way Laws at Crosswalks

Both Georgia and South Carolina have clear laws requiring drivers to yield to pedestrians in crosswalks:

  • Georgia: Under O.C.G.A. § 40-6-91, drivers must stop and remain stopped to allow a pedestrian to cross when the pedestrian is in the driver’s half of the roadway or close enough to be in danger. This applies to both marked and unmarked crosswalks.
  • South Carolina: S.C. Code § 56-5-3130 requires drivers to yield the right of way to pedestrians within any marked crosswalk or unmarked crosswalk at an intersection.

Importantly, both states recognize unmarked crosswalks — the implied extensions of sidewalks across intersections, even when there are no painted lines. Drivers must yield to pedestrians at these unmarked crossings as well.

For a deeper look at the specific statutes and how they apply to injury claims, see our detailed guides on Georgia pedestrian right-of-way laws and South Carolina pedestrian right-of-way laws.

Common Causes of Crosswalk Accidents

Our investigation of crosswalk accidents consistently reveals driver negligence:

  • Failure to yield: The most common cause — drivers who do not stop for pedestrians in the crosswalk, often because they are in a hurry or simply not paying attention
  • Right-turn-on-red violations: Drivers making a right turn on red who focus on oncoming traffic and fail to check the crosswalk for pedestrians. See our page on intersection pedestrian accidents for more on turning-vehicle crashes.
  • Left-turn inattention: Drivers completing left turns who are focused on gaps in traffic and overlook pedestrians in the crosswalk
  • Distracted driving: Texting or phone use that prevents drivers from seeing pedestrians entering the crosswalk. Learn more about distracted driver pedestrian accidents.
  • Speeding through yellow lights: Drivers who accelerate through yellow or early-red signals while pedestrians are beginning to cross
  • Poor visibility: Inadequate lighting at crosswalks, especially at night, combined with driver failure to reduce speed in low-visibility conditions

Injuries in Crosswalk Accidents

Pedestrians have no protection when struck by a vehicle, making crosswalk accidents especially injurious. Common injuries include traumatic brain injuries, spinal cord injuries, multiple bone fractures (pelvis, legs, arms), internal organ damage, severe road rash and lacerations, and wrongful death. The severity of injuries increases dramatically with vehicle speed — a pedestrian struck at 40 mph has an approximately 85% chance of death, compared to 10% at 20 mph.

Pursuing Maximum Compensation

Crosswalk accident cases typically present strong liability because drivers have a clear legal duty to yield. Our attorneys document the crosswalk conditions, traffic signals, driver behavior, and all injuries to build comprehensive claims. We pursue all available damages under Georgia law (O.C.G.A. Title 51) and South Carolina law, including medical expenses, lost wages, pain and suffering, permanent disability, and wrongful death claims for surviving family members.

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What to Do After A crosswalk accident

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Crosswalk Accident Case

To win a personal injury case involving a crosswalk accident, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Crosswalk Accident Cases

Victims of a crosswalk accident injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Crosswalk Accident Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

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Roden Law Crosswalk Accident Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated April 2026.

Recent Case Results

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Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Crosswalk Accident Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.