Pedestrian Accident Lawyer in Alpharetta, GA

Who had the right of way

Georgia drivers must stop and stay stopped for a pedestrian in a crosswalk, marked or not. That applies when the pedestrian is in their half of the road or close enough to be in danger (O.C.G.A. § 40-6-91). Drivers also have a general duty to watch for pedestrians and avoid hitting them, wherever they are.

Pedestrians have duties too. Crossing outside a crosswalk is not illegal everywhere, but a pedestrian who does so must yield to vehicles (O.C.G.A. § 40-6-92). If you were crossing mid-block, expect the insurer to argue you were partly at fault. Georgia reduces your recovery by your share and bars it at 50% (O.C.G.A. § 51-12-33).

That makes the details of the crossing the center of the case. Where were you, and what did the signals show? What was the lighting, the driver’s speed, and was the driver on a phone?

Georgia’s Governor’s Office of Highway Safety runs the state’s pedestrian safety program and publishes the crosswalk laws quoted above.

Your own car insurance may cover you on foot

This is the point most people miss. If you own a car, your auto policy’s uninsured and underinsured motorist coverage often covers you as a pedestrian too. So may a policy belonging to a relative in your household.

That matters because pedestrian crashes are disproportionately hit-and-run, and because the driver’s own minimum policy is frequently nowhere near enough for the injuries involved.

Evidence

• Video. Businesses, traffic signals, buses and doorbell cameras. It is overwritten in days.
• The police report, including the officer’s notes on lighting and signals.
• Witnesses. Bystanders at a crossing usually leave quickly. Names and numbers matter.
• The scene itself. Photographs of the crossing, the signal timing, any missing signage or broken street lights.

If poor lighting, a missing crosswalk or a dangerous road design contributed, a claim against a city or county may be possible. Those have short written-notice deadlines: six months for a city, twelve for a county (O.C.G.A. §§ 36-33-5, 36-11-1). Do not wait on that question.

The injuries

Leg and pelvic fractures from the bumper, then head and upper-body injuries from the hood, windshield or road. Recovery is long, and the full cost of the injury is often not clear for months. The claim should not be valued before the treatment picture is.

Deadline and next step

Generally two years from the crash to file suit (O.C.G.A. § 9-3-33). Get treated, keep every appointment, and do not give the driver’s insurer a recorded statement.

Pedestrian cases are part of our Alpharetta vehicle injury cases, alongside truck, motorcycle and bicycle crashes.

Related: car accidents · bicycle accidents · brain injuries

Common questions

Does a driver always have to stop for a pedestrian in Georgia?

In a crosswalk, yes. Drivers must stop and stay stopped for a pedestrian in a marked or unmarked crosswalk. That applies when the pedestrian is in their half of the road or close enough to be in danger (O.C.G.A. § 40-6-91). Everywhere else, drivers still have a duty to watch for people on foot.

I was crossing mid-block. Can I still bring a claim?

Yes, but expect a fight over fault. A pedestrian crossing outside a crosswalk must yield to vehicles (O.C.G.A. § 40-6-92), so the insurer will argue you share the blame. Georgia reduces your recovery by your share and bars it at 50%.

Will my own car insurance cover me if I was hit while walking?

Often, yes. If you own a car, your uninsured and underinsured motorist coverage usually covers you as a pedestrian. A relative's policy in your household may too.

What if bad lighting or a missing crosswalk caused the crash?

There may be a claim against the city or county, but the written-notice deadline is short. It is six months for a city and twelve months for a county (O.C.G.A. §§ 36-33-5, 36-11-1).

What evidence matters most in a pedestrian case?

Video comes first, because businesses, buses and doorbell cameras overwrite it within days. Then the police report, witness names and photographs of the crossing and its signals.