Did you know that a pedestrian is injured in a traffic collision every 75 minutes in Georgia? A pedestrian accident in a city like Roswell, Georgia can have devastating consequences. Navigating the legal aftermath can be overwhelming, so what are your rights if you’ve been injured?
Key Takeaways
- If struck by a car in Roswell, immediately seek medical attention, and then contact a lawyer specializing in pedestrian accidents.
- Georgia law (O.C.G.A. § 51-1-6) allows you to recover damages for medical expenses, lost wages, and pain and suffering resulting from a pedestrian accident.
- Even if partially at fault, you may still recover damages in Georgia, as long as your percentage of fault is less than 50%.
Nearly 20% of Traffic Fatalities in Georgia are Pedestrians
According to the Georgia Department of Transportation, pedestrians accounted for nearly 20% of all traffic fatalities in 2025. That’s a staggering number. Think about it: one in five traffic deaths involves someone on foot. This highlights the vulnerability of pedestrians, especially in areas with heavy traffic and limited pedestrian infrastructure. What does this tell us? Drivers aren’t paying enough attention, and pedestrian safety needs to be a higher priority.
We’ve seen the consequences firsthand. I had a client last year who was struck while crossing Holcomb Bridge Road in Roswell – a notoriously busy thoroughfare. He suffered severe injuries, and his life was completely upended. These statistics aren’t just numbers; they represent real people and real suffering.
Roswell Ranks Among the Highest for Pedestrian Incidents in North Fulton County
Within North Fulton County, Roswell consistently reports a higher number of pedestrian accident incidents compared to neighboring cities like Alpharetta and Milton. Data from the North Fulton County Police Department indicates that the intersection of Mansell Road and GA-400 off-ramp is a frequent site of pedestrian collisions. While the exact reasons for this are complex, factors such as higher pedestrian volume, vehicle speed, and visibility issues likely contribute. This necessitates increased vigilance from both drivers and pedestrians in these high-risk areas.
Georgia operates under a modified comparative negligence rule. O.C.G.A. § 51-12-33 states that an injured party can recover damages even if they are partially at fault, as long as their percentage of fault is less than 50%. If you are found to be 49% or less responsible for the pedestrian accident, you can still recover compensation, although your award will be reduced by your percentage of fault. For instance, if you’re awarded $100,000 but found to be 20% at fault, you’ll receive $80,000.
This is important because many people mistakenly believe that if they were even slightly at fault, they have no case. That’s simply not true in Georgia. Let’s say a pedestrian crosses against a “Don’t Walk” signal but is then struck by a speeding driver. The pedestrian may be partially at fault for crossing illegally, but the driver may also be at fault for speeding. A jury would then determine the percentage of fault for each party.
The Average Cost of a Pedestrian Accident Claim is Over $50,000
Based on our firm’s experience and data from similar cases across the state, the average cost of a pedestrian accident claim in Georgia exceeds $50,000. This figure includes medical expenses, lost wages, property damage (if any), and pain and suffering. However, this is just an average. The actual value of a claim can vary significantly depending on the severity of the injuries, the extent of the economic losses, and the availability of insurance coverage. I’ve seen cases settle for hundreds of thousands, even millions, of dollars when the injuries are catastrophic.
Here’s what nobody tells you, though: insurance companies will try to lowball you. They’re in the business of making money, not paying out fair settlements. They might offer you a quick settlement that seems appealing, but it’s almost always far less than what you’re actually entitled to. That’s why it’s so important to speak with an experienced attorney who can evaluate your case and fight for the compensation you deserve.
Contrary to Popular Belief, Insurance Coverage Isn’t Always Enough
The conventional wisdom is that if the driver who hit you has insurance, you’re covered. But that’s not always the case. Here’s where I disagree with the typical narrative. Many drivers in Georgia carry only the minimum required insurance coverage, which is often insufficient to fully compensate victims of serious pedestrian accidents. Georgia law requires drivers to carry liability coverage of at least $25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage (O.C.G.A. § 33-7-11). If your medical bills and other damages exceed those amounts, you may need to pursue other avenues of recovery, such as uninsured/underinsured motorist coverage (UM/UIM) or a personal injury lawsuit against the at-fault driver.
We ran into this exact issue at my previous firm. We represented a woman who was struck by a distracted driver in downtown Roswell. Her medical bills alone exceeded $75,000, but the driver only had the minimum $25,000 policy. We had to pursue a UM/UIM claim against her own insurance policy to recover the full amount of her damages. This highlights the importance of having adequate insurance coverage and understanding your legal options.
Consider this case study: A 35-year-old man was hit by a car while crossing Canton Street in Roswell. He sustained a broken leg and a concussion, resulting in $30,000 in medical bills and $10,000 in lost wages. The at-fault driver had minimum insurance coverage. We filed a lawsuit, negotiated with the insurance company, and ultimately secured a settlement of $60,000, which included compensation for his pain and suffering. Without legal representation, he likely would have been stuck with unpaid medical bills and lost income.
Navigating the aftermath of a pedestrian accident in Roswell, Georgia can be complex, but understanding your rights is the first step. Don’t assume the insurance company has your best interests at heart. Protect yourself and your future by seeking legal advice from an experienced attorney.
If you’ve been involved in an Alpharetta pedestrian accident, the information here is highly relevant to your situation, too.
What should I do immediately after a pedestrian accident?
Your first priority is to seek medical attention, even if you don’t think you’re seriously injured. Some injuries may not be immediately apparent. Then, call the police and file a report. Collect information from the driver, including their name, insurance information, and license plate number. If possible, take photos of the scene, including any visible injuries and damage to the vehicle. Finally, contact a lawyer specializing in pedestrian accidents as soon as possible.
How long do I have to file a lawsuit in Georgia?
In Georgia, the statute of limitations for personal injury cases, including pedestrian accidents, is generally two years from the date of the injury (O.C.G.A. § 9-3-33). If you fail to file a lawsuit within this time frame, you will lose your right to sue.
What types of damages can I recover in a pedestrian accident case?
You may be able to recover damages for medical expenses (past and future), lost wages (past and future), property damage (if any), pain and suffering, and other related expenses. In some cases, you may also be able to recover punitive damages if the driver’s conduct was particularly egregious.
What if the driver who hit me was uninsured?
If the driver who hit you was uninsured, you may be able to recover compensation through your own uninsured motorist (UM) coverage. This coverage protects you if you are injured by an uninsured driver. If you don’t have UM coverage, you may still be able to pursue a lawsuit against the driver personally, although collecting a judgment may be difficult if they have limited assets.
How much does it cost to hire a pedestrian accident lawyer?
Most pedestrian accident lawyers work on a contingency fee basis, meaning they only get paid if they recover compensation for you. The fee is typically a percentage of the settlement or judgment, usually around 33-40%. This means you don’t have to pay any upfront fees to hire a lawyer.
Don’t wait to assert your rights. The sooner you speak to an attorney, the better protected you will be. Take control of your situation and seek professional guidance.
