Misconceptions surrounding pedestrian accidents in Georgia, especially in areas like Sandy Springs, persist despite updated laws. These misunderstandings can significantly impact your rights and ability to recover damages. Are you sure you know the truth if you’re hit by a car?
Key Takeaways
- Georgia follows modified comparative negligence rules, meaning you can recover damages even if partially at fault, but only if your fault is less than 50%.
- Drivers in Georgia have a legal duty to exercise reasonable care to avoid hitting pedestrians, regardless of whether the pedestrian is in a crosswalk.
- You typically have two years from the date of the accident to file a personal injury lawsuit in Georgia.
- Uninsured Motorist (UM) coverage can protect you if you’re hit by an uninsured driver while walking.
Myth #1: If I wasn’t in a crosswalk, the accident is automatically my fault.
Many people assume that if a pedestrian is struck outside of a designated crosswalk, they are automatically at fault. This is a dangerous oversimplification. While crossing outside a crosswalk can contribute to fault, it doesn’t automatically absolve the driver of responsibility. Georgia law, specifically O.C.G.A. Section 40-6-91, addresses pedestrian rights and responsibilities. It states that pedestrians crossing outside crosswalks must yield the right-of-way to vehicles, but it also states that drivers still have a duty to exercise due care to avoid hitting pedestrians.
What does “due care” mean? It means a driver must be reasonably attentive, obey traffic laws, and take steps to avoid an accident. I had a client last year who was hit while crossing Roswell Road in Sandy Springs, about 50 feet from a crosswalk. The insurance company initially denied the claim, arguing she was completely at fault. However, we were able to demonstrate that the driver was speeding and distracted, and therefore, wasn’t exercising the required due care. We ultimately secured a significant settlement for her. The location of the crosswalk is a factor, but not the only factor.
Myth #2: Georgia is a “no-fault” state for pedestrian accidents.
Georgia is not a no-fault state when it comes to car or pedestrian accidents. No-fault insurance is common in some states, where your own insurance covers your medical bills and lost wages regardless of who caused the accident. In Georgia, we operate under a fault-based system. This means that the person who caused the accident (or their insurance company) is responsible for paying damages. If a driver is negligent and causes a pedestrian accident, the driver’s insurance is liable for the pedestrian’s injuries. Establishing fault is a critical first step in any pedestrian accident case in Georgia. You must prove the driver was negligent in order to recover damages.
Consider this: According to the Georgia Department of Transportation, in 2025, there were 270 pedestrian fatalities statewide. In each of those cases, fault had to be determined to assign liability.
Myth #3: I can’t sue if I was partially at fault for the accident.
This is another misconception stemming from a misunderstanding of Georgia law. Georgia follows the rule of modified comparative negligence (O.C.G.A. Section 51-12-33). This means that you can recover damages even if you were partially at fault, as long as your percentage of fault is less than 50%. However, your damages will be reduced by your percentage of fault.
For example, let’s say you’re hit by a car in Sandy Springs and your total damages (medical bills, lost wages, pain and suffering) are $100,000. If a jury determines you were 20% at fault for the accident (perhaps you were jaywalking), you can still recover $80,000. However, if the jury finds you were 50% or more at fault, you cannot recover anything. The insurance company will certainly try to place as much blame on the pedestrian as possible, so prepare for a fight. It’s essential to understand how fault impacts your claim.
Myth #4: My insurance will cover everything if I’m hit by a car while walking.
While your health insurance will likely cover your initial medical bills, it won’t cover everything. It won’t cover lost wages, pain and suffering, or future medical expenses. Furthermore, your health insurance company will likely seek reimbursement from any settlement you receive from the at-fault driver.
However, there’s another type of insurance that can be incredibly valuable in pedestrian accident cases: Uninsured Motorist (UM) coverage. If you have UM coverage on your auto insurance policy, it can protect you if you’re hit by an uninsured driver, or if you’re a victim of a hit-and-run. UM coverage steps in to pay for your damages, up to the limits of your policy. We had a case where a client was struck by a driver who fled the scene near Perimeter Mall. Fortunately, our client had robust UM coverage, which allowed us to secure compensation for his significant injuries. Here’s what nobody tells you: maximizing your UM coverage is crucial for pedestrian safety, even if you don’t drive often.
Myth #5: I have plenty of time to file a lawsuit after a pedestrian accident.
Don’t be fooled into thinking you can wait years to pursue a claim. In Georgia, the statute of limitations for personal injury cases, including pedestrian accidents, is generally two years from the date of the accident. (O.C.G.A. Section 9-3-33). If you don’t file a lawsuit within that two-year window, you lose your right to sue. While two years might seem like a long time, it’s crucial to start investigating the accident and building your case as soon as possible. Gathering evidence, interviewing witnesses, and negotiating with the insurance company all take time. Further, evidence disappears and memories fade. If you were involved in a pedestrian accident in Alpharetta, the steps you take immediately matter.
I strongly advise consulting with an attorney well before the two-year deadline to ensure your rights are protected. We’ve seen cases where people waited too long, and their claims were barred, regardless of the severity of their injuries. It is vital to know your rights and the time limit.
It’s easy to fall victim to these myths and misinformation about pedestrian accident laws. But understanding the truth can make all the difference in protecting your rights. Don’t let these misconceptions jeopardize your ability to recover the compensation you deserve after a pedestrian accident. Consulting with an attorney can help you win your fair settlement.
What should I do immediately after being hit by a car as a pedestrian?
Your first priority is your safety and well-being. Call 911 to report the accident and seek immediate medical attention, even if you don’t think you’re seriously injured. Obtain the driver’s information (name, address, insurance details), and take pictures of the scene, including any visible injuries, vehicle damage, and road conditions. If there are witnesses, get their contact information as well.
How is fault determined in a Georgia pedestrian accident?
Fault is determined by examining the circumstances surrounding the accident. This involves gathering evidence such as police reports, witness statements, and any available video footage. Factors considered include whether the driver was speeding, distracted, or violated any traffic laws, and whether the pedestrian was crossing legally and attentively.
What types of damages can I recover in a pedestrian accident case?
You can potentially recover a range of damages, including medical expenses (past and future), lost wages (past and future), pain and suffering, property damage (if any), and in some cases, punitive damages if the driver’s conduct was particularly egregious. The specific damages you can recover will depend on the facts of your case.
Can I still recover damages if the driver who hit me was uninsured?
Yes, you may still be able to recover damages through your own Uninsured Motorist (UM) coverage, if you have it. You can also explore other potential avenues for recovery, such as suing the driver personally, although this may not be feasible if the driver has limited assets.
How much does it cost to hire a lawyer for a pedestrian accident case?
Many personal injury lawyers, including those specializing in pedestrian accidents, work on a contingency fee basis. This means you don’t pay any upfront fees. The lawyer only gets paid if they successfully recover compensation for you, and their fee is typically a percentage of the settlement or court award.
Don’t let the complexities of Georgia law intimidate you. The most important thing you can do after a pedestrian accident is to seek experienced legal counsel to understand your rights and options.
