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Atlanta · Pedestrian accidents

Atlanta Pedestrian Accident Lawyers

When a car hits someone on foot, the injuries are almost always serious. We help Atlanta pedestrians and their families understand their rights and pursue the compensation the law allows.

📍 Office: 4355 Cobb Pkwy SE Suite J 463, Atlanta, GA 30339

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Atlanta’s most dangerous places to walk

Atlanta was largely built for cars, and pedestrians pay the price. Many of the region’s busiest corridors are wide, fast, multi-lane roads with long distances between signalized crossings. People who rely on transit, work late shifts or simply live along these roads often have no safe way to get across.

Buford Highway is the clearest example. Running through Brookhaven, Chamblee and Doraville, it is one of the most diverse and vibrant corridors in the region — and one of the most dangerous for people on foot. Bus stops and businesses line both sides, but marked crosswalks can be far apart, so residents frequently cross mid-block. Peachtree Street presents a different risk: heavy foot traffic through Downtown, Midtown and Buckhead, frequent turning vehicles, rideshare pickups and delivery trucks stopping in travel lanes.

Other areas we see often include Metropolitan Parkway, Memorial Drive, Moreland Avenue, Fulton Industrial Boulevard, and the streets around MARTA stations where riders cross to reach bus connections. Interstate ramps feeding I-75/I-85 and I-285 are another hazard, since drivers exiting at speed may not expect someone in the crosswalk at the bottom of the ramp.

Georgia crosswalk and right-of-way rules

Under O.C.G.A. § 40-6-91, drivers must stop and stay stopped for a pedestrian in a crosswalk when the pedestrian is on the driver’s half of the road, or within one lane of that half. Drivers also may not pass another vehicle that has stopped to let someone cross. At signalized intersections, pedestrians with a walk signal have the right of way, and drivers turning right on red or making left turns must yield.

Georgia law also places duties on people walking. Under O.C.G.A. § 40-6-92, a pedestrian crossing outside a marked or unmarked crosswalk must yield to vehicles, and between two adjacent signalized intersections, crossing is generally required in a crosswalk. These rules matter, but they do not give drivers a license to hit someone. Every driver still has a duty to exercise due care to avoid a pedestrian, including keeping a proper lookout and slowing for people they can see in or near the road.

Georgia law at a glance
Crosswalks
Drivers must stop and remain stopped for pedestrians in their half of the road or within one lane of it (O.C.G.A. § 40-6-91).
Crossing elsewhere
Pedestrians outside crosswalks must yield, but drivers must still use due care (O.C.G.A. § 40-6-92).
Filing deadline
Generally 2 years from the injury (O.C.G.A. § 9-3-33).
Fault rule
Barred at 50% or more fault; otherwise reduced (O.C.G.A. § 51-12-33).
Deadlines and fault rules have exceptions. Confirm how they apply to your situation with a licensed Georgia attorney.

When the driver says it was your fault

Insurers frequently argue that a pedestrian “darted out,” was wearing dark clothing, or was looking at a phone. Under Georgia’s modified comparative fault rule (O.C.G.A. § 51-12-33), those arguments are aimed at assigning you a percentage of the blame. Any share assigned to you reduces your recovery, and at 50% or more you cannot recover at all.

That is why the evidence matters so much. We look at the speed limit and the driver’s likely speed, sight lines, street lighting, signal timing, and whether the driver was turning or distracted. Video from businesses, MARTA buses and stations, and traffic cameras can be decisive, but it is often recorded over quickly. Even a pedestrian who crossed mid-block may still have a valid claim if the driver was speeding, impaired or not paying attention.

Insurance in a pedestrian claim

The driver’s liability coverage is the starting point. If that coverage is too small — and Georgia’s $25,000 per-person minimum often is — your own auto policy’s uninsured/underinsured motorist coverage may apply even though you were on foot. A household member’s policy may also help. If the vehicle was an Uber or Lyft, coverage depends on the trip stage; our Atlanta rideshare accident lawyers explain how that works. Hit-and-run cases may also be covered by UM.

You generally have two years from the date of injury to file a lawsuit under O.C.G.A. § 9-3-33. If a city or county vehicle was involved, or a dangerous road design contributed, notice to the government may be required much sooner. If you were driving rather than walking, see our Atlanta car accident page. And if you have lost a loved one in a pedestrian crash, our wrongful death attorneys are here to help your family.

The injuries pedestrians suffer — and the recovery ahead

A person on foot has no protection when struck by a vehicle, even at relatively low speeds. Pedestrian crashes commonly cause leg and pelvic fractures from the bumper, head and brain injuries from striking the hood, windshield or pavement, spinal injuries, and internal injuries that may not be obvious at first. Many people need surgery, a hospital stay and months of rehabilitation, and some never return to the work they did before.

Because of that, a pedestrian claim often has to account for the long road ahead, not just the first few weeks. That can include future surgeries, physical and occupational therapy, mobility equipment, home modifications and lost earning capacity, along with the pain and emotional toll of a traumatic event. We work with your treating providers to understand what recovery will realistically look like before evaluating any settlement offer.

Certain groups face higher risk in Atlanta. Transit riders often have to cross wide roads to reach bus stops and MARTA stations. Older adults may need more time to cross than signals allow. Children can be hard for drivers to see, especially around parked cars and in apartment complex parking lots. Workers walking to and from late shifts along corridors like Fulton Industrial Boulevard and Buford Highway cross in low light. Whatever the circumstances, the law requires drivers to watch for people in the road, and we hold them to that standard.

If a loved one was hurt and cannot manage the claim themselves, a family member can reach out to us on their behalf for a free consultation.

What to do after being hit on foot

  1. 01
    Call 911 and stay put if you can
    Let paramedics evaluate you at the scene. Leaving early can make it harder to document the crash.
  2. 02
    Identify the vehicle
    Get the plate number, make, color and driver’s name. If the driver fled, note the direction they went.
  3. 03
    Look for cameras
    Note nearby businesses, bus stops and MARTA stations that may have video. Footage is often deleted within days.
  4. 04
    Get witness information
    Bystanders can confirm the signal, the driver’s speed and where you were crossing.
  5. 05
    Keep your clothing and shoes
    They can help show visibility and the point of impact.
  6. 06
    Speak with a lawyer before insurers
    Adjusters may try to get you to say you weren’t in the crosswalk. A free review comes first.

Frequently asked questions

Do drivers in Georgia have to stop for pedestrians in a crosswalk?+
Yes. Drivers must stop and remain stopped for a pedestrian in a crosswalk on their half of the roadway or within one lane of it.
I wasn’t in a crosswalk. Can I still make a claim?+
Possibly. Pedestrians outside crosswalks must yield, but drivers still have a duty of care. Your recovery may be reduced if you share fault, and is barred only at 50% or more.
The driver drove off. What can I do?+
Report it to police right away. Your own uninsured motorist coverage may apply, even though you were walking.
How long do I have to file?+
Generally two years from the date of injury, with shorter notice deadlines for claims involving government entities.

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Dream Team Law — Atlanta 4355 Cobb Pkwy SE Suite J 463
Atlanta, GA 30339
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Attorney advertising. This page provides general information about Georgia law and is not legal advice. Reading it or contacting us does not create an attorney-client relationship. Every case is different, and no lawyer can guarantee an outcome. Past results do not guarantee future outcomes. Dream Team Law’s Atlanta office is located at 4355 Cobb Pkwy SE Suite J 463, Atlanta, GA 30339.