If you were hit by a vehicle while walking in Georgia, you may be able to recover compensation from the driver who caused the crash, and in some cases from your own auto insurance. Georgia law requires drivers to stop for pedestrians in crosswalks and to use due care to avoid hitting anyone on the road, even outside a crosswalk. You may still recover even if you were partly at fault, as long as you were less than 50% responsible.
Pedestrians are among the most vulnerable people on the road, and crashes often cause severe injuries or death. Understanding your rights and the steps to take can help protect your claim.
Key Takeaways
- Drivers must stop and remain stopped for pedestrians in a crosswalk on their half of the road or within one lane of it (O.C.G.A. § 40-6-91).
- Every driver must use due care to avoid hitting a pedestrian and take extra precautions around children and people who appear confused or impaired (O.C.G.A. § 40-6-93).
- Crossing outside a crosswalk does not automatically bar your claim, but your compensation may be reduced under Georgia’s comparative fault rule.
- Your own uninsured/underinsured motorist coverage may help after a hit-and-run or when the driver’s insurance is too low.
- Most Georgia injury lawsuits must be filed within two years (O.C.G.A. § 9-3-33).
Common Causes of Pedestrian Accidents
Pedestrian crashes often result from driver negligence or dangerous road conditions:
- Distracted driving: Drivers texting, talking on the phone or adjusting GPS. Georgia’s Hands-Free law (O.C.G.A. § 40-6-241) bars drivers from holding a phone while driving.
- Speeding: Higher speeds reduce reaction time and increase the severity of injuries.
- Failure to yield: Many crashes happen in crosswalks when drivers do not stop for pedestrians.
- Turning vehicles: Drivers turning right or left often focus on traffic and miss people in the crosswalk.
- Impaired driving: Drivers under the influence have slower reactions and poor judgment.
- Poor visibility: Nighttime, weather and obstructions make pedestrians harder to see.
- Unsafe road conditions: Missing sidewalks, poorly marked crosswalks and broken signals.
Georgia Pedestrian Laws You Should Know
Georgia’s traffic code sets duties for both drivers and pedestrians:
- Drivers must stop at crosswalks. Under O.C.G.A. § 40-6-91, drivers must stop and remain stopped for a pedestrian in a crosswalk who is on the driver’s half of the roadway or approaching within one lane of it. Drivers also may not pass another vehicle that has stopped for a pedestrian at a crosswalk.
- Pedestrians may not dart into traffic. The same law says pedestrians may not suddenly leave a curb and move into the path of a vehicle so close that the driver cannot yield.
- Crossing outside a crosswalk. Under O.C.G.A. § 40-6-92, pedestrians crossing outside a marked crosswalk must yield to vehicles, and between adjacent signalized intersections, pedestrians must use a marked crosswalk.
- Drivers must always use due care. O.C.G.A. § 40-6-93 requires every driver to use due care to avoid colliding with any pedestrian, to sound the horn when necessary and to take proper precautions around children and people who appear confused, incapacitated or intoxicated.
That last rule matters. Even if you were not in a crosswalk, a driver who was speeding, distracted or not watching the road may still be responsible.
Who Is Liable in a Pedestrian Accident?
- Negligent drivers: A driver who fails to yield, speeds or drives distracted may be held liable.
- Employers: If the driver was working, such as making deliveries, the employer or its insurance may be involved.
- Government entities: Poor road design, missing crosswalks or broken signals may make a city, county or the State responsible. These claims require written ante litem notice, as short as six months for a city.
- Property owners: A pedestrian injured in a parking lot may have a premises liability claim if unsafe conditions contributed.
Georgia follows modified comparative fault (O.C.G.A. § 51-12-33). If a pedestrian is found partly at fault, for example for crossing mid-block, compensation is reduced by that percentage. A pedestrian 50% or more at fault cannot recover.
What to Do After a Pedestrian Accident
- Get medical attention immediately. Even injuries that seem minor should be evaluated.
- Call the police. A crash report helps establish what happened. Our guide to Georgia crash report codes explains how to read it.
- Gather evidence. Photograph the scene, crosswalks, signals, lighting, the vehicle and your injuries.
- Get witness contact information. Eyewitnesses can confirm the driver’s conduct.
- Look for video. Nearby businesses, homes and traffic cameras may have footage that is deleted quickly.
- Avoid recorded statements. Talk with a lawyer before giving a statement to any insurer.
Compensation for Pedestrian Accident Victims
You may be able to recover:
- Medical expenses: Emergency care, surgery, rehabilitation and future treatment.
- Lost income: Missed wages and reduced future earning capacity.
- Pain and suffering: Physical pain, emotional distress and loss of enjoyment of life.
- Permanent impairment: Long-term effects of disabling injuries.
If the driver fled or has little insurance, your own uninsured/underinsured motorist coverage may apply even though you were walking. When a pedestrian crash is fatal, the family may have a wrongful death claim. Learn more about Georgia wrongful death claims. For claims arising on or after April 21, 2025, Georgia’s 2025 tort reform law (SB 68) may affect how medical expenses are proven.
Frequently Asked Questions
Can I Recover If I Was Not in a Crosswalk?
Often, yes. Drivers still have a duty to use due care to avoid hitting pedestrians anywhere on the road. Your compensation may be reduced by your share of fault, but you can recover as long as you were less than 50% at fault.
What If the Driver Who Hit Me Drove Away?
Call the police right away and report the hit-and-run. Your own uninsured motorist coverage may pay for your injuries. Georgia’s UM law requires hit-and-run crashes to be reported to the police, so act quickly and keep a copy of the report.
Does My Car Insurance Cover Me If I Was Walking?
It may. Uninsured/underinsured motorist coverage on your own auto policy, or a household family member’s policy, can apply when you are hurt as a pedestrian. Review your policy or have a lawyer review it with you.
How Long Do I Have to File a Pedestrian Accident Claim?
Most Georgia personal injury lawsuits must be filed within two years of the crash, and claims against government agencies have shorter notice deadlines. See our guide to Georgia personal injury deadlines.
If you or a loved one was hurt in a pedestrian accident, The Gunn Law Group can review your options in a free, no-obligation consultation. There is no attorney fee unless we recover for you, and hablamos español. Call 888-BIG-GUNN (888-244-4866).
