Being struck by a vehicle can leave you facing a long recovery and unexpected changes to your daily life. When your injuries prevent you from working or doing the things you once took for granted, dealing with an insurance company can make an already difficult situation even harder.
McArthur Law Firm’s Georgia pedestrian accident lawyers help injured pedestrians and families pursue compensation when negligent drivers cause serious harm. We investigate accidents, establish liability, and fight for compensation that reflects the full impact of our clients’ injuries.
Our firm has practiced for 44 years and recovered more than $450 million for clients. Founder Kathy McArthur leads eight attorneys in Atlanta, Macon, and Kathleen, and consultations are free and available 24/7.
Call 404-565-1621 in Atlanta or 478-238-6600 in Macon.
Call Us Now for a Free Consultation!
How Do Our Georgia Pedestrian Accident Lawyers Prove Negligence?
Pedestrian cases are often won or lost on a single question: could the driver have seen the person in time to stop?
Our attorneys answer that question with evidence rather than argument, working with reconstruction specialists who measure sight lines, lighting, speed, and reaction time at the actual crash location, often at the same time of day the crash happened.
That work matters because insurers routinely blame pedestrians for dark clothing, phone use, or crossing outside a crosswalk. Georgia law still requires drivers to use due care around anyone on foot, and a careful reconstruction shows a jury what the driver should have seen and when.
Many pedestrian crashes also involve passengers or other vehicles, and our car accident practice and personal injury practice handle those related claims together, so families deal with one firm instead of several.
Who Has the Right of Way at Crosswalks in Georgia?
Georgia drivers must stop and remain stopped for pedestrians in a crosswalk, and they must use due care to avoid hitting any pedestrian, wherever that person is.
Pedestrians have duties too, especially when crossing outside a crosswalk. The Governor’s Office of Highway Safety summarizes these rules.
| Georgia Statute | What It Requires |
|---|---|
| O.C.G.A. § 40-6-91 | Drivers must stop and stay stopped for a pedestrian in a marked or unmarked crosswalk on their half of the road, or within one lane of it. |
| O.C.G.A. § 40-6-92 | A pedestrian crossing outside a marked or unmarked crosswalk generally must yield to vehicles on the roadway. |
| O.C.G.A. § 40-6-93 | Every driver must exercise due care to avoid a pedestrian, sound the horn when needed, and take extra care around children and confused or impaired people. |
| O.C.G.A. § 40-6-94 | Drivers must yield to a blind pedestrian using a white cane or guide dog. |
| O.C.G.A. § 40-6-144 | Drivers must yield to any pedestrian on a sidewalk, including when entering or leaving a driveway or alley. |
Crosswalks exist at most intersections under Georgia law whether or not lines are painted, which surprises many drivers and insurers. Turning drivers with a green light must still stop for pedestrians crossing the adjacent crosswalk.
Can You Recover Compensation If You Were Hit Outside a Crosswalk?
A pedestrian hit while crossing outside a crosswalk in Georgia can still recover compensation as long as the pedestrian’s share of fault is less than 50% under O.C.G.A. § 51-12-33.
The recovery is reduced by the pedestrian’s percentage of fault, but the driver’s duty of due care does not disappear because someone crossed mid-block.
Negligence Per Se and Why It Is Not an Automatic Bar
Negligence per se means a violation of a safety statute can be treated as evidence of negligence. A pedestrian’s failure to yield outside a crosswalk may count against them, but so does a driver’s speeding, distraction, or failure to keep a lookout.
A jury weighs both sides. If a pedestrian with $300,000 in damages is found 30% at fault for crossing mid-block in front of a speeding driver, the recovery would be $210,000.
Arguments Insurers Raise Against Pedestrians
Insurers often claim the pedestrian wore dark clothing, was looking at a phone, had been drinking, or stepped out suddenly.
Our team answers these claims with lighting conditions, vehicle speed data, sight-line analysis, and video from nearby cameras, because a driver who was watching the road often had time to avoid the collision.
What Insurance Covers Pedestrian Accidents in Georgia?
A pedestrian may have more insurance available than they realize, including coverage from their own auto policy. Uninsured motorist coverage generally follows the insured person, not just the vehicle, so it can apply even when you were on foot.
Possible sources of coverage after a pedestrian crash include:
- The at-fault driver’s liability coverage
- Your own uninsured and underinsured motorist coverage
- Uninsured motorist coverage under a policy held by a relative in your household
- Medical payments coverage on your own policy, if you carry it
- A commercial policy if the driver was working, such as a delivery or rideshare driver
The Georgia Office of Commissioner of Insurance explains how these coverages work. Policy language controls, so we review every policy in the household.
What Happens After a Hit-and-Run Pedestrian Accident in Georgia?
When a driver hits a pedestrian and flees, the injured person can often pursue an uninsured motorist claim under their own or a household member’s policy.
Georgia law, O.C.G.A. § 40-6-270, requires a driver involved in a crash causing injury to stop, give information, and render reasonable aid, so leaving the scene is a serious crime.
What a Hit-and-Run Claim Requires
Uninsured motorist claims involving an unknown driver generally require prompt reporting to police, and the pedestrian’s contact with the vehicle usually satisfies the physical-contact requirement. We help secure the police report, canvass for video, and notify the insurer on time.
Common Injuries in Georgia Pedestrian Accidents
When a vehicle strikes a pedestrian, the impact can cause severe injuries. Victims may suffer additional harm when they are thrown onto the hood, windshield, or pavement, sometimes resulting in catastrophic injuries.
- Traumatic brain injuries from striking the windshield or pavement
- Pelvic, hip, knee, and lower-leg fractures
- Spinal injuries
- Internal organ damage and bleeding
Many of these injuries require surgery and long rehabilitation, and some cause permanent disability. Valuing them properly means projecting future care, not just totaling current bills.
Who Can File a Wrongful Death Claim After a Fatal Pedestrian Accident?
When a pedestrian dies, Georgia’s wrongful death statute, O.C.G.A. § 51-4-1 and following sections, allows the surviving spouse, children, or parents to seek the full value of the life lost.
The claim generally must be filed within two years under O.C.G.A. § 9-3-33. The estate can also pursue medical and funeral expenses. Our wrongful death practice guides families through both claims.
What Should You Do After Being Hit by a Car While Walking?
After a pedestrian accident, your health should come first. Even if your injuries seem minor, seek medical attention as soon as possible. Some injuries, including head trauma and internal bleeding, may not cause immediate symptoms.
If you are able, taking the following steps can also help protect your health and potential injury claim:
- Report the accident to police. Make sure officers document the crash and ask for a copy of the accident report or report number.
- Gather information about the driver. Record the driver’s name, contact information, insurance details, and license plate number, if available.
- Document the accident scene. Take photos of the location, traffic signals, crosswalks, vehicle damage, and any visible injuries.
- Identify witnesses and nearby cameras. Collect witness contact information and note businesses or homes that may have surveillance footage.
- Preserve physical evidence. Keep the clothing and shoes you were wearing, unwashed, along with any damaged personal belongings.
Evidence from the accident scene can help establish how the crash occurred and whether the driver was negligent. Lighting conditions, clothing color, vehicle damage, and surveillance footage may become particularly important if the insurance company disputes liability.
McArthur Law Firm’s Georgia pedestrian accident lawyers can investigate the crash, help preserve evidence, and pursue compensation for your injuries and related losses.
Where Pedestrian Crashes Happen in Georgia
Pedestrian crashes cluster where foot traffic meets fast-moving or turning vehicles. Wide multi-lane roads with long distances between crosswalks, parking lots near retail centers, transit stops, and neighborhoods without continuous sidewalks all create conflict points.
Parking Lots and Driveways
Many pedestrian injuries happen at low speed in parking lots, gas stations, and driveways, where drivers back up, turn quickly, or focus on finding a space.
Georgia’s requirement that drivers yield to pedestrians on sidewalks applies when a driver crosses a sidewalk to enter or leave a driveway or alley, and a property owner may share responsibility when poor lighting or layout contributed.
Transit Stops and Multi-Lane Roads
People walking to and from bus stops often cross wide roads where the nearest signal is far away. These crashes raise questions about driver speed and lookout, and in some cases about road design, which can involve a government entity with its own notice deadline.
How Much Is a Georgia Pedestrian Accident Claim Worth?
Pedestrian injuries are often severe, so a fair value depends on projecting future care, not just totaling current bills. Surgeries, rehabilitation, mobility equipment, and time away from work can continue for months or years after the crash.
Georgia juries may consider both what providers billed and what was actually paid for medical care, along with lost earnings, physical pain, and the loss of ordinary activities.
When available insurance is limited, identifying every policy, including household uninsured motorist coverage, often decides how much of the loss can be recovered.
Pedestrian Accidents Involving Children and Older Adults
Children and older adults face greater risks of serious injuries in pedestrian accidents. Their age and physical abilities can affect how they respond to traffic hazards and the severity of their injuries.
Several factors can make these accidents especially dangerous:
- Limited visibility: Children are smaller and may be harder for drivers to see, particularly near parked vehicles and intersections.
- Unpredictable movements: Young children may enter the roadway suddenly or struggle to judge the speed of approaching vehicles.
- Slower mobility: Older adults may need more time to cross streets or react to approaching traffic.
- Greater injury risks: Older pedestrians may suffer more severe injuries and face longer recovery periods after a collision.
Georgia law requires drivers to take extra precautions when they see children or confused or incapacitated pedestrians in the roadway. Failing to slow down or exercise reasonable care can strengthen a negligence claim.
Accidents near schools, playgrounds, parks, and senior housing may involve additional evidence, including reduced speed limits, crossing guards, warning signs, and surveillance footage.
For injured children, Georgia generally pauses the filing deadline for their personal injury claims until they turn 18. However, parents’ claims for medical expenses may have different deadlines.
Our attorneys investigate these circumstances and work to preserve important evidence, including video from school buses, nearby homes, and businesses, before it is deleted or recorded over.
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FAQs for a Georgia Pedestrian Accident Lawyer
Who is at fault if a pedestrian was not in a crosswalk?
Fault is not automatic when a Georgia pedestrian is hit outside a crosswalk. The pedestrian had a duty to yield, but the driver still had a duty to use due care, so a jury compares both parties’ conduct.
How long do I have to file a pedestrian accident claim in Georgia?
Most Georgia pedestrian injury claims must be filed within two years of the crash. Claims involving a city or county vehicle require written notice sooner, generally six months for a city and 12 months for a county.
Can I recover if I was partly at fault?
A Georgia pedestrian can recover if found less than 50% at fault, with damages reduced by that percentage. At 50% or more, recovery is barred.
What if the driver fled the scene?
If a driver fled after hitting you, your own or a household member’s uninsured motorist coverage may pay for your injuries. Reporting the crash to police promptly is important for that claim.
Does my own car insurance cover me as a pedestrian?
Your Georgia auto policy’s uninsured motorist and medical payments coverages can often apply when you are hit while walking, depending on the policy terms. You do not need to have been in your own car.
Contact a Georgia Pedestrian Accident Lawyer to Protect Your Claim
Founding Partner
Recovering from a pedestrian accident can take time, and dealing with an insurance claim should not add to the burden. If a negligent driver caused your injuries, McArthur Law Firm can help you understand your options and pursue compensation for your losses.
Our Georgia pedestrian accident lawyers investigate crashes, handle insurance disputes, and work to hold responsible parties accountable. Call 404-565-1621 in Atlanta or 478-238-6600 in Macon for a free consultation.
Call Us Now for a Free Consultation!
McArthur Law Firm – Macon Office
6055 Lakeside Commons Drive, Suite 400
Macon, GA 31210
Phone: 478-238-6600
