Who is at fault when a turning car hits me crossing with the light in Georgia?

· 3 min read

A pedestrian who steps off on a walk signal and is struck by a turning vehicle usually has the law on their side. Georgia gives the lawful crosser the right of way over traffic that is turning across the crosswalk, so the turning driver typically carries the fault unless something about the pedestrian’s own conduct changes the picture.

The right of way belongs to the crossing pedestrian

When a pedestrian crosses with a walk signal or a green light in their favor, the driver completing a turn has to yield. O.C.G.A. § 40-6-91 keeps a driver stopped for a pedestrian who is within the crosswalk on the driver’s half of the road, or approaching within one lane of it, and that includes the very lane the car is turning into. A turning driver who rolls through the crosswalk and hits a person lawfully crossing has violated that duty, and breaking a safety statute this way is usually negligence per se, so the violation itself establishes the breach.

The logic is straightforward. A turning driver is changing direction across the path of foot traffic and has the clearer view and the slower speed, so the law assigns the burden of looking and waiting to the driver, not to the pedestrian who already has the signal.

What can still shift part of the blame

Liability is not automatic, because O.C.G.A. § 51-12-33 lets the jury rate the crossing pedestrian with a percentage of fault, dropping the recovery by that rating and erasing it at 50% or more. A turning driver may try to show that the pedestrian did something that contributed to the crash, such as:

  • Entering against a “Don’t Walk” or flashing signal rather than a true walk phase.
  • Leaving the curb suddenly when the car was too close to stop.
  • Crossing far outside the marked crosswalk lines.

Even so, the fact that the driver was turning into a crosswalk weighs heavily, and the heightened-care duty in O.C.G.A. § 40-6-93 still requires the driver to watch for and avoid pedestrians. Useful evidence includes the signal timing, the point of impact within the crosswalk, intersection camera footage, and independent witnesses who can confirm whose phase was active.

The bottom line

In Georgia, a pedestrian crossing with the light generally has the right of way over a turning vehicle, and the turning driver usually bears the fault for failing to yield under the crosswalk statute. The outcome can shift only if the pedestrian’s own conduct, such as crossing against the signal, adds a percentage of fault under Georgia’s comparative-negligence rule.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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