Pedestrian Accident: What to Do If You’re Hit by a Car in Georgia
A pedestrian accident can happen in seconds and change your life instantly. When a car strikes a person walking, the results often include serious injuries, emotional trauma, and financial strain. Georgia law protects pedestrians, but understanding your rights and knowing what steps to take after the collision are vital.
Whether the crash occurred at a crosswalk, intersection, or parking lot, acting quickly can make a major difference in recovery. An experienced Alpharetta pedestrian accident lawyer can guide you through the process of seeking medical care, proving liability, and recovering fair compensation.
Understanding the Risk of Pedestrian Accidents
Pedestrian accidents happen every day across Georgia, often leading to severe injuries and lasting trauma. Knowing the risks helps drivers and pedestrians exercise reasonable care and prevent future crashes.
Why Pedestrians Face a Higher Risk
Pedestrians are exposed to danger whenever they walk near moving vehicles. Without protection like a car frame or safety gear, even a slow-speed collision can cause serious injuries such as fractures or traumatic brain injuries. Many pedestrian accidents occur when people crossing a street are struck by vehicles that fail to yield or ignore traffic signals. Children and older adults are especially vulnerable in these situations.
Common Locations for Pedestrian Accidents
Urban areas see more pedestrian traffic and higher accident rates due to busy intersections, crosswalks, and parking lots. Rural areas, while less crowded, often involve speeding vehicles and fewer sidewalks or streetlights. Both environments pose unique risks. Many pedestrian accidents also happen near school bus stops or driveways, where drivers may not be paying attention.
Leading Causes of Pedestrian Collisions
Driver negligence is a leading cause of pedestrian accidents. Speeding, distracted driving, and intoxication contribute to many crashes. A driver who fails to stop at a crosswalk or misjudges a traffic signal change can strike a pedestrian walking legally across the street. Poor weather, low visibility, or unsafe roadway design increase the likelihood of collisions.
The Role of Pedestrian Behavior
Pedestrians also share responsibility for safety. Walking outside designated crosswalks or stepping suddenly into traffic can lead to preventable accidents. Using phones or headphones while crossing reduces awareness of nearby motor vehicles and other vehicles moving in the same direction. Exercising reasonable care and following traffic signs are vital to reducing risk.
The Human Cost of Pedestrian Accidents
Each year, many pedestrian fatalities and non-fatal injuries occur in Georgia. Victims may face long recovery periods, medical expenses, and emotional distress. Families of those killed or seriously injured must often cope with lost wages and lasting grief. Recognizing the dangers helps all road users stay alert and protect their lives.
What to Do Immediately After the Collision
A pedestrian accident can leave you shocked and injured, but quick action is essential to protect your health and your legal rights.
Check for Injuries and Call for Help
Safety comes first. Move to a safe area if possible and call 911 right away. Even if injuries appear minor, internal damage or traumatic brain injuries can develop later. Emergency responders will provide medical attention and create an official record of the pedestrian accident.
Seek Medical Treatment
Always accept medical evaluation at the scene or visit a hospital immediately afterward. Some injuries, such as concussions or soft tissue damage, may not be visible but can worsen without prompt care. Keep copies of all medical records, prescriptions, and test results as evidence of your injuries.
Report the Accident to the Police
Request that law enforcement file a report and document the driver’s name, license number, and insurance information. A detailed police report can help establish liability if you pursue a pedestrian accident case. Make sure to note traffic signals, vehicle direction, and weather conditions when speaking to officers.
Gather Evidence from the Scene
If you are able, take photos of the crosswalk, intersection, damaged vehicle, and any visible injuries. Get contact details from witnesses and note nearby cameras that may have recorded the crash. Save any damaged clothing or personal items since they may support your claim later.
Avoid Statements to Insurance Companies
Insurance companies may contact you soon after the accident. Avoid giving recorded statements or signing documents before speaking with an Alpharetta pedestrian accident lawyer. Insurance adjusters often aim to minimize payouts, and early statements can harm your claim for damages such as lost wages or medical expenses.
Keep All Documentation Organized
Maintain a folder with your medical bills, receipts, and communications with insurance companies. Track your pain levels, missed workdays, and emotional symptoms such as post-traumatic stress disorder. Organized records help an Alpharetta pedestrian accident attorney build a strong case for compensation.
Legal Rights and Liability in Georgia Pedestrian Accident Cases
Understanding your legal rights after a pedestrian accident helps you make informed decisions and hold the responsible driver accountable.
Driver Responsibilities Under Georgia Law
Georgia law requires drivers to exercise reasonable care when operating motor vehicles near pedestrians. Under O.C.G.A. § 40-6-93, every driver must take precautions to avoid colliding with pedestrians on any roadway. Drivers must also stop and remain stopped when a pedestrian is in a crosswalk, as stated in O.C.G.A. § 40-6-91. Failing to yield, speeding, or ignoring traffic signals can make a driver liable for serious injuries or pedestrian fatalities.
Pedestrian Duties and Comparative Negligence
Pedestrians also have legal responsibilities. They must obey traffic signals and use designated crosswalks when possible. Stepping suddenly into the path of an oncoming car or crossing outside intersections may reduce the ability to recover damages. Georgia follows a modified comparative negligence rule, meaning a pedestrian can recover compensation only if found less than 50 percent at fault. Any award is reduced by the pedestrian’s percentage of fault.
Other Potentially Liable Parties
Some pedestrian accidents involve more than one responsible party. Vehicle manufacturers may share liability if a mechanical failure contributed to the collision. Government agencies or contractors could also be responsible for unsafe roadway design, poor lighting, or malfunctioning traffic signals. Each situation requires careful investigation by an Alpharetta pedestrian accident attorney to determine who should be held accountable.
The Importance of Evidence in Proving Liability
Proving fault in a pedestrian accident case depends on strong evidence. Police reports, eyewitness accounts, surveillance footage, and medical documentation help establish negligence. An Alpharetta pedestrian accident lawyer can gather and organize this information to show how the driver failed to exercise reasonable care and caused the accident.
Statute of Limitations in Georgia
Under Georgia law, victims of pedestrian accidents generally have two years from the date of the collision to file a personal injury claim. Missing this deadline may prevent recovery for medical expenses, lost wages, and pain and suffering. Acting quickly ensures that evidence remains intact and your rights stay protected.
What Damages Can Victims Recover in a Pedestrian Accident Case
Pedestrian accident victims in Georgia may recover compensation for the financial and emotional impact of their injuries.
Medical Expenses and Ongoing Care
Victims can seek payment for all medical costs related to the pedestrian accident. This includes emergency treatment, hospital stays, surgeries, rehabilitation, and prescription medication. Serious injuries such as traumatic brain injuries or spinal cord damage often require long-term medical care. Future treatment needs can also be included in a claim.
Lost Wages and Reduced Earning Ability
When a pedestrian is struck by a vehicle, recovery time may prevent them from working. Victims may claim lost wages for the time missed and loss of future earning potential if they cannot return to their previous job. Documentation such as pay stubs, tax records, and employer statements help prove this part of the case.
Pain and Suffering
Physical pain and emotional distress are common after pedestrian accidents. Injured pedestrians may experience lasting effects such as post-traumatic stress disorder, depression, or anxiety. Compensation for pain and suffering reflects the impact the accident has on daily life, relationships, and overall well-being.
Property Damage
If personal items like clothing, electronics, or mobility aids were damaged during the collision, victims may recover their value. Photos and receipts can support claims for replacement or repair.
Wrongful Death and Funeral Costs
In cases involving pedestrian fatalities, the victim’s family may pursue a wrongful death claim. Damages may include funeral expenses, burial costs, loss of companionship, and loss of financial support. Georgia law allows surviving spouses, children, or parents to bring these claims.
Insurance Coverage and Compensation Sources
Compensation may come from the at-fault driver’s motor vehicle insurance, the victim’s health insurance, or uninsured motorist coverage if the driver fled the scene. Insurance companies often attempt to minimize payouts, so speaking with an Alpharetta pedestrian accident lawyer helps ensure fair recovery for all losses.
Contact an Experienced Alpharetta Pedestrian Accident Lawyer Today!
If you or someone you love was injured in a pedestrian accident, you do not have to handle the aftermath alone. The team at 1Georgia Personal Injury Lawyers understands how devastating these collisions can be. Our experienced Alpharetta pedestrian accident attorneys are ready to review your case, gather evidence, and fight for the compensation you deserve. We offer a free consultation and only get paid when you recover damages.
Contact us at (800) 800-8000 for a free case consultation today!
