Who is liable when a Georgia Southern student is hit crossing a Statesboro street?

· 3 min read

Liability when a student is struck while crossing a street near campus depends on who had the right of way and how each person behaved at that moment. Both the driver and the pedestrian carry duties under Georgia law, so responsibility turns on whether the crossing happened at a crosswalk or signal, whether the driver was attentive, and whether the pedestrian crossed safely.

Right of way and the duties of each side

Georgia traffic law allocates the right of way between drivers and pedestrians based on where and how the crossing occurs. In a marked crosswalk or with a walk signal, a pedestrian generally has the right of way, and a driver must yield and exercise care to avoid striking someone in the road. A driver always owes a duty to keep a proper lookout, drive at a speed reasonable for the conditions, and avoid distraction.

Pedestrians have duties too. Someone crossing outside a crosswalk, against a signal, or darting into traffic where a driver cannot reasonably react may share or carry fault. The key facts usually include:

  • Whether the student crossed in a crosswalk or at a signal.
  • Whether the driver was speeding, distracted, or impaired.
  • Lighting and visibility, especially after dark.
  • Whether the pedestrian entered the roadway suddenly.

How shared fault is handled

O.C.G.A. § 51-12-33 turns this shared-blame situation into percentages, letting a jury assign part to the driver for speed or inattention and part to the student for an unsafe crossing. The student’s recovery then falls by their own figure and ends entirely at half. A student struck inside a crosswalk by a distracted driver may carry only a sliver, while one who walked into mid-block traffic against the signal may carry a large chunk.

If the driver lacked adequate insurance, the injured student’s own uninsured or underinsured motorist coverage under O.C.G.A. § 33-7-11 may be available. Evidence that clarifies fault includes the police report, signal and crosswalk locations, vehicle speed data, surveillance or dashcam footage, and witness accounts.

The bottom line

When a Georgia Southern student is hit crossing a Statesboro street, liability hinges on right of way and the conduct of both parties: whether the crossing was lawful and visible, and whether the driver kept a safe speed and lookout. Georgia’s percentage-based fault rules then divide responsibility, and the pedestrian’s own coverage may help when the driver is underinsured.

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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