Action Steps
What To Do After a Pedestrian Accident
Being struck by a vehicle is one of the most traumatic experiences a person can endure. What you do in the first minutes and hours shapes your case:
- Call 911 and stay at the scene
- Seek medical attention even if you feel okay
- Photograph the scene, signals, and injuries
- Get the driver’s insurance and contact info
- Collect witness names and phone numbers
- Contact a lawyer before speaking with any insurance company
Liable Parties
Who Is Liable When a Driver Hits a Pedestrian?
Pedestrian cases often involve more than just the at-fault driver:
- The driver — for speeding, distraction, or failure to yield
- The driver’s employer — if driving for work purposes
- City of Atlanta / local government — for dangerous intersections or signal failures
- Property owners — for unsafe parking lot design
- Vehicle manufacturers — for defective brakes or safety systems
Location
Crosswalk, Intersection, and Parking Lot Cases
Where the crash happened changes how liability is evaluated.
O.C.G.A. § 40-6-91: Drivers must yield to pedestrians in marked and unmarked crosswalks at intersections. Failure is negligence per se.
Parking-lot and intersection cases each have specific rules about right-of-way. We know the distinctions and how to prove fault.
Common Injuries
Common Injuries in Pedestrian Claims
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones (pelvis, legs, arms)
- Internal organ damage
- Soft tissue injuries
- Psychological trauma — PTSD, anxiety
Fault Evaluation
How Fault Is Evaluated in Pedestrian Cases
Georgia follows a modified comparative negligence rule. You can recover damages as long as you are less than 50% at fault, though your award is reduced proportionally.
O.C.G.A. § 51-12-33: Modified comparative negligence — recovery barred if plaintiff is 50% or more at fault; otherwise damages reduced by plaintiff’s percentage of fault.
Insurance adjusters often inflate the pedestrian’s share of fault. We push back with accident reconstruction and witness evidence.
Evidence Urgency
Why Early Evidence Matters
- Surveillance footage from nearby businesses is typically overwritten within 48–72 hours
- Traffic cameras require preservation requests to local authorities
- Witness memories fade starting the day after the crash
- Physical evidence at the scene disappears quickly
- Medical documentation must start immediately to prove causation