Summer in Georgia means more people are out walking, whether it’s families at festivals, kids heading to the pool or crowds enjoying July 4th events. More foot traffic, longer evenings and busy holiday roads create more chances for drivers to miss someone crossing the street. If you or a loved one is hit by a car while walking, Georgia law gives you the right to seek compensation from the driver whose carelessness caused the crash. Learn more about pedestrian accident claims.
Here’s what you should know to stay safe, what Georgia’s crosswalk laws say and what to do if you’re hit.
Key Takeaways
- Drivers must stop and remain stopped for a pedestrian in a crosswalk on their half of the road (O.C.G.A. § 40-6-91).
- Pedestrians crossing outside a crosswalk must generally yield to vehicles, but drivers still must use due care (O.C.G.A. § 40-6-92).
- Get medical care right away and ask for a police report, even if your injuries seem minor.
- Your own uninsured motorist coverage may apply when you’re hit as a pedestrian by an uninsured or hit-and-run driver.
- Most Georgia injury claims must be filed within two years (O.C.G.A. § 9-3-33).
Why Pedestrian Accidents Increase in July
- More outdoor events and public gatherings
- Children and teens playing outside or walking to parks and pools
- Visitors unfamiliar with local roads
- More nighttime activity when visibility is low
- Distracted or impaired drivers during holiday weekends
Common Causes of Pedestrian Accidents
- Failure to yield at crosswalks
- Speeding in residential areas or near parks
- Distracted driving, including texting and using GPS
- Left turns where drivers only look for oncoming cars, not people walking
- Drivers backing out of driveways or parking spaces
- Poor lighting or obstructed views
Georgia’s hands-free law (O.C.G.A. § 40-6-241) bars drivers from holding a phone while driving, and impaired driving is a crime. Evidence of either can be important in a pedestrian claim. If a drunk driver hit you, see our page on DUI accident claims.
Georgia Crosswalk Laws and Who Is at Fault
Georgia’s right-of-way rules shape how fault is decided:
- In a crosswalk: Under O.C.G.A. § 40-6-91, a driver must stop and remain stopped to let a pedestrian cross within a crosswalk when the pedestrian is on the half of the roadway where the vehicle is traveling. Pedestrians also may not suddenly leave a curb and walk or run into the path of a vehicle that is too close to yield.
- Outside a crosswalk: A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles, unless the pedestrian has already safely entered the roadway (O.C.G.A. § 40-6-92). Drivers still have a duty to use due care to avoid hitting pedestrians.
Georgia uses modified comparative fault. If you are partly at fault, your damages are reduced by your percentage of fault, and you cannot recover if you are 50% or more at fault (O.C.G.A. § 51-12-33). Insurers may argue that a pedestrian was jaywalking or wearing dark clothing, so evidence matters.
What to Do If You’re Hit by a Car
- Seek medical help immediately. Even injuries that seem minor can become serious.
- Call police and get a report. An official record is critical for any injury claim.
- Gather evidence. Photograph your injuries, the scene, the crosswalk or signals and the car involved.
- Get witness information. Passersby, store employees or other drivers may have seen the crash.
- Look for cameras. Traffic cameras, doorbell cameras and business video can show what happened, but footage is often recorded over quickly.
- Don’t negotiate with insurance alone. Adjusters may try to shift blame to pedestrians. Don’t admit fault or accept a quick offer.
- Talk to a personal injury lawyer. Proving liability in pedestrian cases can be challenging.
Who Pays and What You Can Recover
The at-fault driver’s liability insurance is the main source of payment, but Georgia’s minimum limit is $25,000 per person for bodily injury, which may not cover a serious injury. If the driver is uninsured, underinsured or drove away, your own uninsured/underinsured motorist coverage may apply even though you were walking. Hit-and-run claims under UM coverage have special requirements, including reporting the crash to police.
You may be entitled to compensation for:
- Medical bills and long-term care
- Lost wages and future earning potential
- Pain, suffering and emotional trauma
- Permanent disability or disfigurement
If a pedestrian crash takes a life, the family may have a wrongful death claim.
Frequently Asked Questions
Can I Recover If I Wasn’t in a Crosswalk?
Possibly. Pedestrians outside a crosswalk generally must yield to vehicles, but drivers still must use due care. Your recovery may be reduced by your share of fault, and it is barred only if you are 50% or more at fault.
Who Pays If a Hit-and-Run Driver Hits Me While Walking?
Your own uninsured motorist coverage may pay, and a household member’s policy may also apply. Report the crash to police promptly, because Georgia UM coverage for unknown drivers has reporting and proof requirements.
Do I Need a Lawyer If the Driver Admitted Fault?
Not always, but serious injuries, disputes about the crosswalk or signals, and limited insurance can make a claim complicated. An admission at the scene may change once an insurer gets involved. A free consultation can help you decide.
How Long Do I Have to File a Pedestrian Accident Claim in Georgia?
Most personal injury claims must be filed within two years. If a city, county or State vehicle or road defect was involved, much shorter notice deadlines apply. See our guide to Georgia personal injury deadlines.
If you or someone you love was struck by a vehicle this summer, don’t wait to get answers. The Gunn Law Group offers a free, no-obligation consultation, and you pay no attorney fee unless we recover for you. Call 888-BIG-GUNN (888-244-4866).
