A really unfortunate pedestrian vs. bus accident in today's AJC : Atlanta police say a woman lost her leg and foot yesterday after being struck by a Cobb County Transit bus yesterday. Ruby Rhodes, 54, is in stable condition in the intensive care unit at Grady Hospital after being struck by the bus. Witnesses on the bus stated that Ms. Rhodes stepped out in front of the bus as it was turning on a green light. Witnesses also said they alerted the bus driver, Jean Louis, to the pedestrian but Louis proceeded forward. At the time of the accident, Ms. Rhodes was attempting to cross the street in a pedestrian crosswalk.
Police are still conducting an investigation and have not filed charges against the bus driver. The bus driver will be removed from service until the investigation is complete.
The facts aren't crystal clear here and certainly a thorough investigation will be conducted, so it's hard to say where the fault may lie in this case; there may be fault on both sides. Every accident and collision case is fact-specific. The details do matter when determining liability.
Most people know that Georgia law (O.C.G.A. 40-6-91) directs drivers to stop and yield the right-of-way when there is a pedestrian within a crosswalk in their lane of travel or in a lane onto which they are turning. Most everyone is familiar with yielding the right-of-way to pedestrians. However, O.C.G.A. 40-6-92 provides that any pedestrian not in a crosswalk (crossing in the middle of the street instead of the intersection, for example), shall yield the right-of-way to vehicles unless the pedestrian has already entered the road under safe conditions. This statute negates fault on the part of drivers who accidently hit pedestrians who suddenly cross the road not at a crosswalk, when the driver can't react in time.
Attorney Scott Williamson assists victims of negligence all over Georgia and north Atlanta including Dunwoody, Alpharetta, Sandy Springs, Roswell, Marietta, Smyrna, Johns Creek, Norcross, Duluth, Chamblee, Cumming, Dawsonville, and Tucker.