Key Takeaways
- Pedestrian accident lawsuits in Georgia can allow injured pedestrians to recover compensation when another party’s negligence caused the crash, but liability, comparative fault, damages, and filing deadlines can all affect the outcome.
- To recover damages, you must show that the defendant owed you a duty of care, breached that duty, caused your injuries, and left you with compensable losses such as medical expenses, lost income, reduced earning capacity, and pain and suffering.
- Drivers must stop for pedestrians who have the right of way in a crosswalk, but pedestrians also have legal duties, including yielding when crossing outside a crosswalk in situations where the law requires it.
- Georgia uses a modified comparative fault rule, so your compensation can be reduced by your percentage of fault, and you can’t recover damages if you’re found 50% or more responsible for the collision.
- Depending on how the accident happened, liable parties may include the driver, an employer, a commercial vehicle company, a vehicle owner, a government entity, or another party whose negligence contributed to the crash.
- Most pedestrian injury lawsuits must be filed within two years, but claims against cities, counties, or the State of Georgia can have shorter notice requirements, including six-month or 12-month deadlines.
While many of us walk to improve our health and stay in shape, doing so can be risky when motorists fail to yield, speed through intersections, and ignore traffic signals. Unfortunately, pedestrian accidents happen frequently, especially in and around Atlanta.
According to the Governor's Office of Highway Safety, pedestrian fatalities in Georgia between 2014 and 2023 increased by 90%, compared to 39% for the total number of traffic-related fatalities. A report also noted that:
- In 2023, 72% of pedestrian fatalities and nearly 47% of pedestrian injuries occurred on roadways with posted speed limits at or above 45 mph.
- During the same year, hospitalization and emergency room visit charges totaled $203
- million for the 3,445 pedestrians injured in motor vehicle traffic and non-traffic-related incidents.
If a vehicle strikes you while you’re walking in Georgia, you can pursue damages for medical expenses, lost income, pain and suffering, and other legally recoverable losses. This article explains the laws that govern pedestrian claims and what happens when a case proceeds through litigation.
What Is a Pedestrian Accident Lawsuit?
A pedestrian accident lawsuit is a civil claim filed against a person or business accused of causing a pedestrian’s injuries. The case may seek payment for medical bills, lost income, pain and suffering, reduced earning capacity, and other damages. The person filing the lawsuit must prove that the defendant’s negligence caused the collision and the resulting losses.
Many pedestrian cases begin with an insurance claim, but a lawsuit may become necessary when the insurer does any of the following:
- Denies liability
- Argues that you caused the crash
- Disputes the extent of your injuries
- Refuses to offer a fair settlement
Filing suit also gives both sides access to discovery, which can include written questions, document requests, depositions, medical records, and other evidence.
If a lawsuit is filed, it doesn’t necessarily mean your case will go to trial. Settlement discussions can continue after filing, during discovery, after depositions, or before trial begins. But if the parties don’t reach an agreement, a judge or jury can decide liability and damages.
What Must You Prove in a Georgia Pedestrian Accident Lawsuit?
To recover damages in a pedestrian accident lawsuit, you must show that the defendant’s negligence caused your injuries. This means proving that the defendant owed you a duty of care, breached that duty, caused your injuries, and left you with compensable damages.
- Duty of Care: Drivers have a duty to operate their vehicles with reasonable care and obey applicable traffic laws. That includes duties related to speed, traffic signals, crosswalks, yielding, and safe vehicle operation.
- Breach of Duty: A driver breaches this duty by acting unreasonably under the conditions. Examples include speeding, failing to yield to a pedestrian who has the right of way, running a red light, driving while distracted, or operating a vehicle while impaired.
- Causation: You must connect the driver’s conduct to the collision and your injuries. Medical records, crash evidence, witness testimony, photographs, video footage, and other records can help establish how the collision led to the harm you sustained.
- Damages: You must also show that the accident caused compensable losses. Common examples include medical expenses, lost income, reduced earning capacity, pain and suffering, and other compensable damages.
Who Has the Right of Way in a Georgia Crosswalk?
In Georgia, drivers must stop and remain stopped for crosswalk pedestrians who are on the half of the roadway where the vehicle is traveling or approaching and within one lane of that half of the roadway. Drivers also can’t pass another vehicle that has stopped at a crosswalk to allow a pedestrian to cross.
Pedestrians also have legal duties. They can’t suddenly leave a curb or other place of safety and enter the path of a vehicle when the driver has no time or opportunity to yield. These rules can become central to an insurance claim when the driver and pedestrian give different accounts of how the accident happened.
Do Drivers Still Have a Duty to Avoid Pedestrians Outside a Crosswalk?
Yes. O.C.G.A. § 40-6-93 requires drivers to exercise due care to avoid colliding with pedestrians. A driver must also take proper precautions when approaching a child or a person who is obviously confused, incapacitated, or intoxicated.
Can You File a Lawsuit If You Were Hit Outside a Crosswalk?
Yes. Being struck outside a marked crosswalk doesn’t always prevent you from filing a pedestrian accident lawsuit in Georgia. Liability depends on the duties that applied to both the pedestrian and the driver, how each party acted, and what caused the collision.
For example, evidence may show that a driver had time to see you and avoid the crash but failed to do so because of speeding, distraction, impairment, or another form of negligent driving. Investigators may also examine where you entered the roadway, how visible you were, the distance between you and the vehicle, traffic conditions, and the driver’s opportunity to react.
That said, crossing outside a crosswalk can still affect your claim. Pedestrians traveling outside a crosswalk at an intersection must yield to oncoming vehicles unless they’ve already entered the roadway safely. If the evidence shows that you failed to yield when required, a defendant may argue that you share responsibility for the collision. Georgia’s comparative fault rules then determine how an assigned percentage of fault affects the damages you can recover.
What Happens If the Pedestrian Was Partly at Fault?
Georgia uses a modified comparative fault rule. Under O.C.G.A. § 51-12-33, your damages can be reduced by the percentage of fault assigned to you. If you are found 50% or more responsible for the collision, you can’t recover damages.
As an example, suppose your total damages are $200,000 and you are found 20% at fault. Your recovery would be reduced by 20%, leaving $180,000. If you were found 50% at fault, you wouldn’t recover damages under Georgia’s comparative fault rule.
A driver or insurer may argue that you contributed to the crash by crossing against a signal, entering traffic when it was unsafe, failing to yield outside a crosswalk, or becoming distracted while walking. Those allegations must still be evaluated against the driver’s conduct. Evidence such as video footage, witness statements, vehicle data, and scene photographs can help determine how fault should be assigned.
Who Can Be Sued After a Georgia Pedestrian Accident?
The driver who struck you is usually liable, but another person, business, or public entity may also share responsibility. Identifying each potentially liable party is important here because different defendants may have their own insurance policies and legal obligations.
Depending on the circumstances, potential defendants can include:
- The Driver: A driver may be liable for speeding, failing to yield, distracted driving, impaired driving, or another negligent act that caused the collision.
- The Driver’s Employer: An employer may be liable when an employee causes a crash while acting within the scope of employment and in furtherance of the employer’s business.
- A Commercial Vehicle Company: A trucking, delivery, rideshare, or other business may face liability for its own negligent conduct or for the conduct of a driver for whom it is legally responsible.
- A Vehicle Owner: An owner may face liability under negligent entrustment if the owner knowingly allows an incompetent or habitually reckless driver to use the vehicle and that decision contributes to the collision.
- A Government Entity: Claims involving government vehicles, traffic controls, or roadway conditions may be subject to sovereign immunity rules and statutory notice requirements that differ from ordinary injury claims.
- Other Responsible Parties: Another person or entity may also be liable if its negligence contributed to the accident and your injuries.
Georgia law allows fault to be apportioned among people or entities whose conduct contributed to an injury. Identifying each responsible party can therefore affect how liability and damages are allocated.
What Evidence Can Help Prove a Pedestrian Accident Lawsuit?
Pedestrian accident claims depend on evidence showing where each party was, how the vehicle was being operated, and what happened in the moments before impact. When the driver and pedestrian give conflicting accounts, records from the scene can help establish which version is consistent with the available evidence.
Useful evidence may include:
- Police crash reports
- Traffic-camera or surveillance footage
- Dashcam video
- Photographs of the roadway, vehicle damage, debris, and visible injuries
- Witness statements
- Cell phone records that may show driver distraction
- Event data recorder information
- Toxicology results
- Medical records documenting your injuries and treatment
- Employment records showing lost wages or reduced earnings
- Accident reconstruction analysis when the cause of the collision is disputed
What Compensation Can You Seek in a Georgia Pedestrian Accident Lawsuit?
A pedestrian accident lawsuit can seek compensation for both economic and non-economic damages caused by the collision.
Economic Damages
Economic damages compensate you for measurable financial losses related to the accident. They may include:
- Emergency medical treatment
- Hospital bills
- Surgery
- Physical therapy and rehabilitation
- Prescription medications
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Other documented accident-related expenses
Non-Economic Damages
Non-economic damages address losses that don’t have a fixed dollar amount. They may include:
- Physical pain and suffering
- Emotional suffering
- Disability
- Disfigurement
- Loss of enjoyment of life
There is no standard settlement amount for a pedestrian accident case. The value of a claim depends on the available evidence, the severity and duration of the injuries, the amount of medical treatment required, any permanent limitations, lost income, future losses, and the percentage of fault assigned to each party.
What If a Pedestrian Accident Is Fatal?
When a pedestrian dies because of another party’s negligence, eligible surviving family members may pursue a wrongful death claim. The estate may also bring a separate claim for losses tied to the period between the injury and death, along with other recoverable damages.
What Happens After You File a Pedestrian Accident Lawsuit?
Filing a lawsuit begins formal civil litigation. The case then moves through several stages that allow both sides to state their positions, exchange evidence, question witnesses, and prepare for settlement or trial.
- Complaint and Service: Your Georgia pedestrian accident attorney files a complaint identifying the defendants, the legal claims, and the damages you’re seeking. Each defendant must then be formally served with the lawsuit.
- Response: The defendant files an answer admitting or denying the allegations and may raise legal defenses.
- Discovery: Both sides exchange information through written questions, requests for documents, requests for admissions, and other discovery tools. Medical records, employment records, photographs, video footage, insurance information, and electronic data may become part of this stage.
- Depositions: You, the driver, witnesses, medical providers, and other people with relevant knowledge may give sworn testimony before trial.
- Professional Analysis: Accident reconstruction professionals, physicians, economists, or other qualified professionals may be asked to give opinions about fault, injuries, future treatment, or financial losses.
- Settlement Discussions: The parties may negotiate directly or participate in mediation while the lawsuit is pending.
- Trial: If the case doesn’t settle, a judge or jury can decide liability, assign fault, and determine damages.
The amount of time a case takes depends on the disputed issues, the volume of evidence, the number of parties involved, court scheduling, and how far the case proceeds before resolution.
How Long Do You Have to File a Pedestrian Accident Lawsuit in Georgia?
In most pedestrian injury cases, you have two years from the date of the accident to file a lawsuit. Claims involving a government entity can have much shorter notice deadlines. For example:
- If your claim is against a city, O.C.G.A. § 36-33-5 generally requires written ante litem notice within six months of the injury.
- Claims against a county generally must be presented within 12 months.
- Claims against the State of Georgia under the Georgia Tort Claims Act generally require written notice within 12 months after the loss was discovered or should have been discovered.
These notice requirements can apply before the ordinary lawsuit deadline expires, and failing to satisfy them can bar the claim.
Injured in a Pedestrian Accident? Call The Champion Firm
Pedestrian accident claims can be challenging. Not only are disputes likely, but preserving video, witness accounts, vehicle data, medical records, and other evidence can be critical when the parties disagree about how the collision happened. It’s a lot to handle when you’re already trying to recover.
At The Champion Firm, Personal Injury Attorneys, P.C., we investigate what happened, preserve evidence, identify the parties who may be liable, and pursue compensation through settlement or litigation. If you were injured while walking in Georgia, contact us to discuss what legal options may be available to you. For more information or to schedule a free consultation, call 404-637-1709. Hablamos Español.
