Pedestrian Accidents in Georgia: Your Rights as a Walker

Georgia is one of the most dangerous states for pedestrians in the entire country. In Gwinnett County alone, hundreds of pedestrians are struck each year on high-traffic corridors like Buford Highway, Jimmy Carter Boulevard, and Pleasant Hill Road. Pedestrian injuries are almost always severe because the human body has no protection against a vehicle weighing thousands of pounds. At J. Lee & Associates, we represent injured pedestrians and families who lost loved ones in pedestrian accidents in the greater Atlanta area.

Under Georgia law, drivers have a legal obligation to yield to pedestrians in marked crosswalks under O.C.G.A. § 40-6-91. However, even outside a crosswalk, drivers must exercise due care to avoid striking a pedestrian under O.C.G.A. § 40-6-93. Georgia applies modified comparative fault under O.C.G.A. § 51-12-33, meaning you can recover compensation as long as your percentage of fault is less than 50%. If the driver fled the scene (hit-and-run), your own uninsured motorist (UM) coverage may cover your damages.

The most common injuries in pedestrian accidents include traumatic brain injury (TBI), spinal cord injuries, multiple fractures, internal injuries, and death. Medical costs can reach hundreds of thousands of dollars, especially when long-term rehabilitation is required. Our attorneys work with medical specialists and accident reconstruction experts to fully document your injuries and maximize your compensation.

Steps You Should Take

1

Get Immediate Medical Attention

Pedestrian injuries can include internal damage that is not visible. Go to the emergency room or call 911. Immediate medical documentation connects your injuries to the accident.

2

Document the Scene

If you can, photograph the location, traffic signals, vehicle damage, and your injuries. Get witness information. The police report is critical.

3

Don't Talk to the Driver's Insurance

The insurance company will try to minimize your claim. Do not give recorded statements or accept offers without consulting an attorney.

4

Call JLA at (770) 609-9396

We act quickly to preserve traffic camera footage, witness statements, and vehicle records. Free consultation.

Frequently Asked Questions

Can I get compensation if I was hit outside a crosswalk?
Yes, possibly. Drivers must always exercise reasonable care under O.C.G.A. § 40-6-93. Georgia's comparative fault allows recovery if your percentage of fault is less than 50%.
What do I do if the driver fled?
Call 911 and try to remember vehicle details. Your own insurance policy with uninsured motorist (UM/UIM) coverage can cover your damages if the driver is not identified.
How much is my pedestrian accident case worth?
It depends on severity of injuries, medical costs, lost income, and pain and suffering. Georgia has no cap on personal injury damages.
Can I sue if my child was hit?
Yes. Parents can file a claim on behalf of an injured minor. Drivers have a heightened duty of care in school zones and residential areas.
How long do I have to file a lawsuit?
Georgia's statute of limitations is 2 years from the date of the accident under O.C.G.A. § 9-3-33. Do not wait; evidence disappears quickly.

Applicable Laws

O.C.G.A. § 40-6-91Driver obligation to yield to pedestrians in marked crosswalks.
O.C.G.A. § 40-6-93Driver duty of due care to avoid striking pedestrians.
O.C.G.A. § 51-12-33Modified comparative fault: recovery if pedestrian fault is under 50%.
O.C.G.A. § 9-3-332-year statute of limitations for personal injury.

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Norcross, GA 30093

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