Pedestrian accidents, especially the ones involving broken crosswalk signals, happen a lot more than you’d think around busy spots in Augusta. When you get hit by a car, the first few hours are a blur of pain, confusion, and a whole lot of bad advice about who’s to blame and what you can do. It’s time to shut down the myths that fly around after these incidents, particularly when a faulty crosswalk signal is part of the mess.
Key Takeaways
- A broken crosswalk signal doesn’t automatically get a driver off the hook, nor does it stick the pedestrian with all the blame.
- Georgia law, O.C.G.A. Section 40-6-91 specifically, lays out a pedestrian’s rights and responsibilities at a crosswalk, no matter what the signal is doing.
- Gathering evidence, like traffic camera video and what witnesses saw, is absolutely essential to prove who is liable in these accident cases.
- Calling a personal injury attorney right after you’re in a pedestrian accident in Augusta can totally change the outcome of your claim.
- You can still get money for medical bills, lost pay, and pain and suffering, even if you were partly at fault.
Myth 1: A Faulty Signal Means the Pedestrian Is Always at Fault
There’s this common idea that if a crosswalk signal is on the fritz and a pedestrian steps into the street, they’re automatically to blame for getting hit. That’s just false. Sure, pedestrians have to be careful, but a malfunctioning signal adds a whole new level of complication. Think about a busy crossing like Broad Street and 13th Street downtown. A signal problem there could easily cause an accident. If someone waits for a signal that never changes, then carefully starts to cross and gets struck by a car, you can’t just put all the fault on them.
Under O.C.G.A. Section 40-6-93, Georgia law makes it clear that drivers have to use “due care” to avoid hitting any pedestrian, whether they’re in a crosswalk or not. A driver can’t just blame a faulty signal if they were also doing something wrong, like speeding or looking at their phone. The broken signal might be a factor, but it rarely puts 100% of the blame on the pedestrian. In fact, it often points the finger at the city or whoever is supposed to maintain the signal, which could give you another party to seek compensation from.
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Start my free evaluationMyth 2: You Can’t Sue the City for a Faulty Crosswalk Signal
A lot of people hit in pedestrian accidents in Augusta just assume it’s impossible to file a claim against a government body like the City of Augusta or Richmond County. This is a huge misconception. While something called “governmental immunity” can make these cases tougher, it’s not a perfect defense for them. If a broken crosswalk signal was a direct cause of you getting hit, and the signal was broken because the government agency in charge was negligent about maintaining it, you can absolutely file a claim.
The whole case hinges on proving the city knew or *should have known* about the problem and didn’t fix it in a reasonable amount of time. For example, if people had been reporting for weeks that the signal at Washington Road and Calhoun Expressway was broken and the city did nothing, that shows negligence. We’d need to get our hands on evidence like maintenance logs, records of citizen complaints, and internal emails. Suing the government has very strict rules and short deadlines, often laid out in the Georgia Tort Claims Act (O.C.G.A. Section 50-21-20 et seq.). If you miss one of those deadlines, your case could be over before it starts, which is why you have to talk to a lawyer immediately.
Myth 3: Without a Green “Walk” Signal, the Pedestrian Has No Rights
This myth is dangerous because people who believe it don’t know their actual rights. A green “Walk” light gives you the clear right-of-way, but not having one doesn’t mean you’re totally unprotected. O.C.G.A. Section 40-6-91 covers pedestrian signals, but even where a signal is broken or doesn’t exist, pedestrians have rights, especially in a marked crosswalk. At the end of the day, drivers have a basic duty to watch out for people and not hit them.
Imagine a crosswalk near the Augusta University Health System, where people are always crossing. If a signal is out, people will still try to cross when they see a gap in traffic. They have to yield to cars if there’s no working signal, but drivers are still required to be careful. What if a driver just plows through without even looking? Even if the pedestrian didn’t have a “walk” signal, that driver is going to have some or all of the responsibility for the crash. Georgia’s comparative negligence rule (O.C.G.A. Section 51-12-33) means you can still get paid even if you were partly at fault, as long as you were less than 50% to blame.
Myth 4: You Can’t Get Compensation if You Were Partially at Fault
This is the myth that stops too many injured pedestrians from even calling a lawyer. Georgia uses a modified comparative negligence rule. Put simply, if you’re found to be less than 50% responsible for the accident, you can still get damages. Your final compensation will just be reduced by whatever percentage of fault is assigned to you. So, if a jury decides you were 20% at fault for looking down at your phone but the driver was 80% at fault for speeding, you could still get 80% of your total damages.
Figuring out those percentages is a complicated job that depends on witness interviews, reports from accident reconstruction experts, and video footage. For instance, a security camera on a business along Gordon Highway could be the key piece of evidence that shows exactly who was at fault and by how much. It’s almost never an all-or-nothing deal. An experienced personal injury firm in Georgia knows how to dig up and present the evidence to keep your percentage of fault as low as possible and get you the most money. When you’re dealing with the fallout of being hit, especially if a commercial truck was involved, getting good legal help is everything. Bader Law, a Georgia personal-injury and workers’ compensation firm, helps clients with all kinds of personal injury matters, including complicated Truck Accidents, guiding them through the mess of liability and compensation.
Myth 5: It’s Too Difficult to Prove a Crosswalk Signal Fault
Proving a crosswalk signal was broken is tough work, but it’s completely possible. People get this wrong because they think a signal either works or it doesn’t. It’s more complex than that. A signal can be faulty in subtle ways, like being intermittent, taking too long to change, or even showing a “Walk” sign to the pedestrian while also showing a green light to oncoming traffic.
To prove these kinds of failures, you need hard evidence:
- Witness Testimony: Regulars at that intersection, people who walk or drive it every day, may have seen the signal acting up before. Their statements are golden.
- Traffic Camera Footage: A lot of intersections in Augusta, especially big ones like those near the Augusta National Golf Club, are on camera. That video can show exactly how the signal was behaving when you were hit.
- Maintenance Records: The city’s Department of Public Works has to keep logs of signal inspections and repairs. These documents can show a history of problems or a pattern of neglect.
- Expert Analysis: We can hire traffic engineers to study the signal’s timing and programming to find design flaws or other errors.
You have to move fast to get this stuff. Witness memories get fuzzy and surveillance video gets recorded over, sometimes in just a few days. That’s why you have to start investigating right away. A lawyer can send out legal preservation letters that force the city and others to hold on to that critical evidence.
Myth 6: Minor Injuries Don’t Warrant Legal Action
This is a huge mistake. A lot of pedestrians who get hit and can walk away from the scene just brush it off as “minor” and never think about legal action. What feels like a small injury at first can easily turn into a serious, long-term problem. Things like concussions, whiplash, and even tiny fractures can have symptoms that show up days or weeks later and end up needing a lot of medical care, physical therapy, or even surgery.
For example, someone hit near the James Brown Arena might just feel shaken up, but then a week later they have terrible neck pain or focus problems from a brain injury. If you wait too long to see a doctor or talk to a lawyer, it gets much harder to prove that your symptoms are from the accident. Insurance companies will jump at the chance to deny your claim if they see a big gap in your medical treatment. You need to document every single injury, no matter how small it seems, and get a full medical workup. Taking legal action protects your finances from future medical costs and holds the at-fault parties accountable.
Being in a pedestrian accident with a faulty signal in Augusta is a complicated mess. It requires knowing the law and being aggressive about collecting evidence. Don’t ever just assume you don’t have a case. Talk to a professional to learn what your real rights and options are.
I was just in a pedestrian accident in Augusta. What should I do right now?
First, go to a doctor or the ER immediately, even if you think you’re fine. Adrenaline can mask serious injuries. After that, if you’re able, get names and numbers from any witnesses. Use your phone to take pictures of the scene, the crosswalk signal, the car, and your injuries. Call the Augusta-Richmond County Police Department to make a report. Don’t say it was your fault and don’t give a recorded statement to any insurance company until you’ve spoken to a lawyer.
How long do I have to file a lawsuit after a pedestrian accident in Georgia?
Generally, you have two years from the date of the accident to file a personal injury lawsuit in Georgia (that’s under O.C.G.A. Section 9-3-33). But, and this is a big but, if your claim is against the city or another government body, you have a much shorter deadline to give them official notice, sometimes only 12 months. This makes acting fast incredibly important.
Can I get money if I was partly at fault for the accident?
Yes. Georgia has a “modified comparative negligence” rule. As long as you are found to be less than 50% at fault, you can still get money. Your final award will just be reduced by your percentage of fault. So if you’re found 25% at fault, you’d get 75% of the total damages.
What kind of money can I get in a pedestrian accident claim?
Compensation typically covers all your medical bills (both what you’ve already paid and what you’ll need in the future), lost wages from being out of work, and your reduced ability to earn money. It also covers non-economic things like pain and suffering and emotional distress. If your personal items were damaged, that’s covered too. In very rare situations, you might also get punitive damages.
How do you prove a crosswalk signal was actually faulty?
Proving a signal was broken takes some real investigative work. It usually means tracking down witnesses, getting any traffic camera video from the intersection, digging into the city or county’s maintenance records for that signal, and sometimes hiring a traffic engineering expert to analyze the data. An attorney can handle pulling all of this evidence together for you.
