Georgia Pedestrian Accident Lawyers Who Demand Accountability
If you were hit by a car and injured, our attorneys can fight for the compensation you deserve
Some of the most difficult cases we've handled at Gary Martin Hays & Associates were pedestrian accidents. When a person is hit by a car, serious injuries are almost always sustained. You may be recovering from such an injury — or you may be grieving the loss of a loved one who was killed in an accident.
Pedestrian accidents are a serious issue in Georgia, particularly in urban areas like Atlanta, where a lack of safe infrastructure and speeding creates significant risks. Middle-aged males are disproportionately affected, but pedestrians of all ages face dangers, especially in areas with high traffic and inadequate safety measures.
While drivers are legally required to remain vigilant and obey speed limits, many accidents occur because of negligence. Urban streets near schools, parks, and residential neighborhoods demand extra caution due to the presence of children and other vulnerable pedestrians. Yet, drivers often fail to yield or become distracted, leading to devastating collisions. Pedestrians are frequently struck while crossing in crosswalks, walking alongside roads, or even attempting to navigate poorly designed intersections.
Our commitment is to help make Atlanta's streets safer and to support those injured through no fault of their own. When someone else's negligence causes harm, pedestrians deserve justice. Our Georgia pedestrian accident lawyers stand ready to assist victims and their families in seeking the compensation they need to recover.
"Gary Martin Hays did an incredible job at handling my case. [They] were there for me every step of the way. They were professional and did everything they said they would. Even went as far to check on me to make sure everything was ok. There's a lot of lawyers out there, but none like Gary Martin Hays & Associates." - Jon R.G.
4.5/5 stars, 150 reviews
FAQs About Pedestrian Accidents in Georgia
Get answers to common questions about pedestrian accidents in Georgia, your legal rights, and what to expect during the claims process. Click on a question below to learn more:
- What should I do after being hit by a car?
- Why should I retain an attorney after a pedestrian accident?
- When are drivers required to yield to pedestrians in Georgia?
- What are my legal rights if I've been hit by a car?
- If I was hit while in a crosswalk, is the driver automatically at fault?
- Can I still pursue a claim if I was injured crossing outside a crosswalk?
- What evidence can help establish fault in a pedestrian accident?
- I think the driver who hit me was texting. Do I have a case?
- What types of compensation can I seek if I was seriously injured in a pedestrian accident?
- How can I get my medical bills paid after a pedestrian accident?
- If I lost a loved one in a pedestrian accident, can I pursue a wrongful death claim?
- How much time do I have to file a pedestrian accident claim in Georgia?
- Can I still receive compensation if I'm found partially at fault for the accident?
- Do I have to talk to the driver's insurance company?
- What are the right-of-way rules when there's no marked crosswalk?
- What injuries are common in pedestrian accidents, and how might they impact my claim?
- Are children given special protections in pedestrian accident cases?
- The insurance company offered me a settlement. Should I take it?
- How can a lawyer hold a driver accountable for failing to yield?
- What should I look for when choosing a pedestrian accident lawyer?
- Will my case go to trial, or are pedestrian accident claims usually settled?
- How can a lawyer assist with dealing with the driver's insurance company?
- How are legal fees structured for pedestrian accident cases?
- How do I get started with a free consultation to discuss my case?
What should I do after being hit by a car?
After a pedestrian accident, taking the right steps can significantly impact your health, well-being, and any potential claim for damages. Acting quickly ensures that important evidence isn't lost and that you're on solid ground if you decide to seek compensation.
- Seek Medical Attention Immediately: Even if injuries don't seem severe, get checked by a medical professional right away. Some injuries, especially internal or head injuries, may not immediately show symptoms.
- Report the Accident: Call the police and make sure an official accident report is filed. This report can be invaluable for establishing facts about the accident.
- Gather Information: If you can, collect information from the driver, including their name, contact information, license plate number, and insurance details. Also, try to gather the names and contact details of any witnesses.
- Document the Scene: Take photos of the accident scene, including any visible injuries, the vehicle, and relevant road signs or signals.
- Avoid Admitting Fault: Even casual statements like "I didn't see you" can be used against you later. Simply provide the necessary facts.
- Consult a Lawyer: A pedestrian accident attorney can guide you through your rights, help you avoid pitfalls, and ensure you're well-prepared if you choose to file a claim.
By taking these steps, you protect your health and preserve critical evidence for any potential claim. Speaking with a lawyer can make a difference in navigating this process with confidence and avoiding common missteps.
Why should I retain an attorney after a pedestrian accident?
Pedestrian accidents almost always involve serious injuries, which means insurance companies are looking at potentially paying out tens or hundreds of thousands of dollars. With so much at stake, they're going to do everything in their power to reduce or deny your claim. Moreover, you'll be dealing with an insurance company representing another driver; their interest is in protecting their client, not you.
The insurance company may tell you that you don't need to hire a lawyer — but we guarantee that they're going to pick up the phone and call their lawyer as soon as they're done talking to you. You need your own attorney to even the odds, field their questions, and protect your rights. That's why you need to contact us immediately after an accident.
When are drivers required to yield to pedestrians in Georgia?
Georgia law has specific guidelines to protect pedestrians, especially in areas with high foot traffic:
- At Marked Crosswalks: Drivers must yield to pedestrians within any marked crosswalk.
- When Making Turns at Intersections: Drivers turning left or right must yield to pedestrians crossing in marked or unmarked crosswalks.
- Near School Zones: Drivers should always yield in school zones, where children are often present and protected by strict traffic regulations.
- If a Pedestrian Is Already Crossing: Pedestrians have the right of way once they're in the crosswalk or on the road, and drivers are obligated to wait.
- In Areas With Yield Signs for Pedestrian Traffic: Some intersections or streets have signs explicitly instructing drivers to yield to pedestrians.
When drivers fail to yield in these situations, they can be held accountable. If you've been injured in a pedestrian accident due to a driver's failure to yield, consulting with a lawyer can help clarify your rights and ensure the driver is held responsible.
What are my legal rights if I've been hit by a car?
A pedestrian accident, like any other type of accident, falls under the legal field of personal injury law, which means that a person who is injured due to another person's negligence has the right to make a claim and, if necessary, sue that person for damages (financial compensation). Some of the damages typically awarded in a pedestrian accident case may include:
- Medical bills and future medical expenses
- Lost wages (for time away from work while recovering from your injuries)
- Pain and suffering
- Modifications to your home or vehicle (if you are permanently disabled)
- Emotional distress
If the driver who hit you acted especially egregiously — for instance, if he or she was driving drunk — we may also be able to sue for punitive damages. These are additional damages above and beyond the cost of the accident itself intended to punish the negligent party and deter similar conduct in the future.
In order to recover, you and your attorney need to prove that the driver who hit you was negligent. Motorists owe a "duty of care" to others on the road to drive their vehicles safely and responsibly. A motorist who breached that care by hitting you is said to be negligent and liable for your injuries.
If I was hit while in a crosswalk, is the driver automatically at fault?
Being hit in a crosswalk typically indicates driver negligence, especially if you had the right of way. Georgia law requires drivers to yield to pedestrians in crosswalks and most circumstances when crosswalks are not available, but fault may still depend on specific details, such as traffic signals and witness accounts. An attorney can review the accident's circumstances to determine liability and help you pursue compensation.
Can I still pursue a claim if I was injured crossing outside a crosswalk?
Yes, you may still pursue a claim if you were injured outside a crosswalk, though liability can be more complex. Georgia law doesn't automatically rule out pedestrian claims in such cases; instead, it considers factors like the driver's speed, attentiveness, and the pedestrian's actions. A lawyer can help build a case to show the driver's role in causing the accident.
What evidence can help establish fault in a pedestrian accident?
Gathering strong evidence is key to proving fault in a pedestrian accident claim. The right evidence can establish a clear picture of what happened and who was responsible.
- Accident Reports: Police reports often contain critical details about the incident, including witness statements and any citations issued to the driver.
- Witness Statements: If others saw the accident, their accounts can corroborate your version of events and support your claim.
- Traffic Camera Footage: If the accident occurred near traffic cameras, this footage can offer an objective view of the incident.
- Photographs of the Scene: Photos of the crosswalk, signage, road conditions, and your injuries can provide visual proof of the accident's context.
- Medical Records: Detailed medical records establish the extent of your injuries and help link them to the accident.
- Driver's Phone Records: If distracted driving is suspected, phone records may show that the driver was texting or calling at the time of the accident.
This evidence strengthens your case and helps establish who was at fault. An experienced pedestrian accident lawyer can guide you in collecting and preserving this evidence, which can be vital in securing the compensation you deserve.
I think the driver who hit me was texting. Do I have a case?
Texting while driving definitely constitutes a form of negligence that could allow you to recover damages from the driver who hurt you. Our attorneys will interview witnesses and may examine cell phone records to prove that the driver, in fact, texting while driving.
What types of compensation can I seek if I was seriously injured in a pedestrian accident?
If you've been seriously injured in a pedestrian accident, compensation can help cover a range of financial and emotional damages. Here are some common types of compensation you may be eligible to pursue:
- Medical Expenses: This includes all costs related to emergency care, hospital stays, surgeries, and ongoing treatments.
- Lost Wages and Loss of Earning Capacity: If you missed work or can no longer earn the same income due to your injuries, you may be compensated for lost wages and diminished earning ability.
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident and your injuries.
- Rehabilitation Costs: Physical therapy, counseling, and other rehabilitation services can be included in your claim.
- Future Medical Needs: For severe injuries, future medical care may be necessary, and these anticipated expenses can be accounted for.
This compensation can help relieve the financial burdens of recovery. Speaking to a lawyer ensures you pursue all possible damages and don't overlook critical areas in your claim.
How can I get my medical bills paid after a pedestrian accident?
The insurance company for the driver who hit you won't pay your bills until after you have completed your medical treatment. If you have health insurance, you can use that to pay for your medical bills; if you later recover compensation for those medical bills, your health insurance company may ask to be paid back through a process called subrogation.
If you don't have health insurance, we can help you get your bills paid through an attorney's lien. Essentially, this is an agreement between a healthcare provider and your attorney. The healthcare provider agrees to treat you at no charge now, and they will be paid out of your award when your attorney is able to negotiate a settlement or win a verdict for you at trial.
If I lost a loved one in a pedestrian accident, can I pursue a wrongful death claim?
Georgia law allows family members to pursue wrongful death claims for loved ones lost in pedestrian accidents. These claims can provide compensation for lost financial support, companionship, and other damages. A wrongful death lawyer can guide you through this process, ensuring your rights are protected and pursuing justice for your family.
How much time do I have to file a pedestrian accident claim in Georgia?
In Georgia, you generally have two years from the date of the accident to file a personal injury or wrongful death claim. However, certain factors, such as claims involving government entities, may require shorter filing deadlines. Consulting an attorney early ensures you meet all legal deadlines and avoid losing your right to compensation.
Can I still receive compensation if I'm found partially at fault for the accident?
You can still receive compensation if you're found partially at fault, as long as you're less than 50% responsible under Georgia's comparative negligence law. However, your compensation will be reduced by the percentage of fault assigned to you. For example, if you're found 20% at fault, your total recovery would be reduced by 20%. A lawyer can help minimize any assigned fault, increasing your potential compensation.
Do I have to talk to the driver's insurance company?
No! You are under no obligation to speak with the insurance company, and you shouldn't — they will use anything you say against you. Instead, contact us as soon as possible after the accident and let us know which insurance company is representing the driver who hit you. We will then contact the insurance company and let them know that you have retained an attorney. From that point forward, we will handle the insurance on your behalf and protect your legal rights.
What are the right-of-way rules when there's no marked crosswalk?
In Georgia, right-of-way rules also apply in areas without marked crosswalks. Understanding these rules can help establish liability when accidents occur:
- Pedestrians Crossing at Intersections: Pedestrians generally have the right-of-way at intersections, even if there is no marked crosswalk.
- Yielding on Unmarked Roads: Drivers should yield to pedestrians who are actively crossing the road or are already in the path of traffic.
- Residential Areas and Sidewalks: In residential or low-traffic areas, drivers are expected to watch for pedestrians and yield if someone is in the roadway.
- Obeying Speed Limits and Driving Cautiously: In areas without clear pedestrian zones, drivers are expected to remain vigilant and avoid creating hazards for pedestrians.
If you've been injured because a driver ignored these guidelines, a lawyer can help you pursue a claim to hold the driver accountable.
What injuries are common in pedestrian accidents, and how might they impact my claim?
Pedestrian accidents can result in severe and life-threatening injuries. Without the protection of a vehicle's structure, pedestrians are more vulnerable to the impact of a collision. At speeds of 40 mph and above, pedestrian accidents are frequently fatal.
Common pedestrian accident injuries include:
- Broken Bones (Fractures): The force of impact from a pedestrian accident can cause bone damage that ranges from simple breaks to compound fractures.
- Traumatic Brain Injuries (TBI) and Other Head Injuries: Head injuries can range from concussions to more severe traumatic brain injuries, which may require both immediate medical attention and long-term medical care.
- Spinal Cord Injuries: Pedestrian accidents can lead to spinal cord injuries, potentially causing partial or complete paralysis.
- Internal Injuries: Organs can be injured due to the impact of being hit by a car. They can be bruised or damaged, leading to internal bleeding, which can be fatal if not diagnosed right away.
- Soft Tissue Injuries: Muscles, ligaments, and tendons can be strained or torn, causing significant pain and limited mobility. Pedestrians with these injuries often need physical therapy to recover fully.
- Cuts, Bruises, and Abrasions: Injuries like cuts, bruises, and abrasions can occur when pedestrians make contact with parts of a vehicle or road surface. If dirt or gravel from the road enters a wound, there is a high risk of infection.
- Fatal Injuries: Tragically, some pedestrian accidents result in fatal injuries, where the impact is so severe that it leads to the loss of life. These injuries can occur immediately at the scene or as a result of complications in the days or weeks following the accident. Deadly injuries often stem from severe head trauma, internal bleeding, or multiple critical injuries that the body cannot recover from. For families left behind, a wrongful death claim may provide some measure of justice and help cover the financial burdens they now face.
Each of these injuries can influence the amount of compensation you may seek. A lawyer can help you evaluate the full impact of your injuries on your life and ensure all future medical and financial needs are accounted for.
Are children given special protections in pedestrian accident cases?
Children are given special consideration in pedestrian accident cases, especially if drivers fail to exercise caution in areas where children are likely to be present, such as school zones and parks. Courts recognize that children may act unpredictably and hold drivers to a higher duty of care. Legal support can be essential in cases involving children to ensure these protections are applied.
The insurance company offered me a settlement. Should I take it?
Always consult an attorney before accepting a settlement offer. Once you've accepted a settlement, you have given up your right to pursue other damages. Often, that initial offer will not be enough to pay for the full cost of the accident, and you will be stuck paying for injuries that someone else caused without any legal recourse.
How can a lawyer hold a driver accountable for failing to yield?
When a driver fails to yield to a pedestrian, it's important to establish their negligence to secure compensation. Here's how a lawyer can help:
- Investigating the Scene: A lawyer may work with accident reconstruction experts to analyze the scene and determine exactly how the accident occurred.
- Gathering Witness Testimonies: Statements from witnesses can provide strong support for your version of events.
- Examining Traffic Laws: By identifying which laws were violated, your lawyer can build a case that the driver was negligent.
- Collecting Evidence of Distraction or Impairment: If the driver was texting or under the influence, this evidence strengthens your claim.
- Handling Insurance Negotiations: A lawyer can negotiate directly with the insurance company to secure a fair settlement.
Legal guidance is essential in holding a driver accountable and ensuring you receive the justice you deserve.
What should I look for when choosing a pedestrian accident lawyer?
Choosing the right lawyer is essential for handling a pedestrian accident case effectively. Here are factors to consider:
- Experience in Pedestrian Accident Cases: Look for lawyers with a proven record in handling pedestrian accident claims.
- Familiarity With Georgia Law: Georgia-specific experience ensures your lawyer understands local traffic laws and regulations.
- Client Testimonials and Success Stories: Positive feedback from past clients can indicate a lawyer's dedication and success.
- Availability and Responsiveness: Choose a lawyer who prioritizes clear communication and is responsive to your needs.
- Transparent Fees: Make sure the lawyer clearly explains their fee structure, ideally offering contingency fees for accident cases.
A knowledgeable and dedicated lawyer can make a difficult process easier and greatly improve your chances of a favorable outcome.
Will my case go to trial, or are pedestrian accident claims usually settled?
Most pedestrian accident claims are settled outside of court, as settlements can be faster and less stressful than going to trial. However, if a fair settlement isn't possible, a lawyer may recommend taking the case to court. An experienced attorney will negotiate on your behalf and prepare for trial if needed, ensuring the best possible outcome.
How can a lawyer assist with dealing with the driver's insurance company?
Dealing with insurance companies can be challenging, especially when recovering from an injury. Here's how a lawyer can help:
- Managing Communications: Lawyers handle all discussions with the insurance company to prevent you from saying anything that could harm your case.
- Evaluating the Offer: They assess the initial settlement offer to ensure it fairly compensates for your injuries and losses.
- Negotiating for a Higher Settlement: A lawyer can push for a more reasonable settlement amount based on the extent of your injuries.
- Providing Legal Pressure If Necessary: If negotiations stall, your lawyer can use the possibility of legal action to push for a better outcome.
- Filing a Lawsuit If Needed: If a fair settlement can't be reached, your lawyer is prepared to take your case to court.
Having a pedestrian accident lawyer handle these interactions protects your interests and improves your chances of a fair recovery.
How are legal fees structured for pedestrian accident cases?
Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement usually involves a percentage of the settlement or award, which is discussed upfront. A contingency fee structure allows you to pursue justice without any upfront legal costs, making it accessible to those in need of help.
How do I get started with a free consultation to discuss my case?
Starting the legal process can feel overwhelming, but a free consultation is a helpful first step. Here's what to expect:
- Initial Case Evaluation: The lawyer will review the details of your accident and injuries to assess potential legal options.
- Understanding Your Rights: You'll gain insight into your rights and what steps can be taken to pursue compensation.
- Discussing Potential Outcomes: The lawyer can help you understand the strengths of your case and what a successful claim might look like.
- Answering Your Questions: You can ask any questions about the legal process, compensation, and what to expect moving forward.
- Explaining the Fee Structure: Finally, the lawyer will explain how legal fees work and the benefits of a contingency arrangement.
This first step connects you with experienced guidance, ensuring you don't navigate the claims process alone.
Injured pedestrians have legal rights, but the process can be difficult
Too often, injured victims don't get the money they deserve for their injuries because they mistakenly think they don't have cases. Remember: Whether you were in or outside of a crosswalk, using a sidewalk, or walking in the street, negligent drivers are still on the hook for the injuries they cause.
If you've been hurt as a pedestrian, the accident itself may only be the beginning of a difficult battle. That's because you'll be dealing with the insurance company representing the motorist who hit you — and they're not on your side. Their goal is to protect their client and reduce their own liability, which means they'll do whatever they can to reduce or deny your claim.
Our Georgia pedestrian accident attorneys have been standing up for people who've been knocked down since 1993, and we'll be glad to work with you.
Contact Our Georgia Pedestrian Accident Attorneys Today
Once you retain Gary Martin Hays & Associates, we'll be your voice, representing your interests and protecting your legal rights in negotiations with the insurance company. We'll help you get your medical bills paid and guide you through the process of filing a claim, and we'll cover all of the costs out of our own funds until we win for you.
Get started today. The sooner we can start working on your case, the easier it will be to protect your legal rights. Call 1-800-898-HAYS to schedule your free consultation.
Get the Lawyer Who Wrote the Book on Personal Injury Claims in Georgia
With over 35 years of legal experience, Gary Martin Hays has put his knowledge into a series of essential resources covering a range of legal topics. In The Authority on Personal Injury Claims in Georgia, Attorney Hays imparts invaluable insights into personal injury claims like pedestrian accidents. He breaks down how insurance companies perceive your accident claim and explains essential information that can help to protect your legal right to substantial financial compensation. Download your complimentary copy of this invaluable resource today.
Find a location near you