The driver's liability insurance pays first — Georgia requires at least $25,000 per person in bodily injury coverage. If the driver is uninsured or fled, your own uninsured motorist coverage applies even though you were on foot. You can recover as long as you were less than 50% at fault, and you generally have 2 years to file suit.
Georgia drivers must stop — not just slow down — at crosswalks
Georgia's crosswalk statute is stricter than most people realize. Under O.C.G.A. § 40-6-91, a driver must stop and remain stopped — not merely yield — when a pedestrian is crossing in a marked or unmarked crosswalk on the driver's half of the road, or approaching within one lane of it. The law also forbids other cars from passing a vehicle that has stopped at a crosswalk to let someone cross, which is how many of the worst multi-lane crossings happen: the first car stops, the second one doesn't.
On top of the crosswalk rule, O.C.G.A. § 40-6-93 places a general duty on every driver to "exercise due care to avoid colliding with any pedestrian," to sound the horn when needed, and to take extra precautions around children and anyone who appears confused or incapacitated. This duty applies everywhere on the road — it does not disappear just because the pedestrian was outside a crosswalk.
Hit outside a crosswalk? You can still recover
Pedestrians crossing mid-block must yield to traffic under O.C.G.A. § 40-6-92 — though the statute itself says a pedestrian who has already safely entered the roadway keeps the right of way. So being outside a crosswalk is a fact that hurts your claim; it is not a fact that ends it.
That is because Georgia applies modified comparative negligence, O.C.G.A. § 51-12-33. The jury assigns fault percentages to you and the driver, your damages are reduced by your share, and you are barred only at 50% or more. A pedestrian found 30% at fault for crossing mid-block still recovers 70% of their damages — $70,000 on a $100,000 claim. Insurers know this math, which is why their first move is to call it a "jaywalking case" and hope you accept the blame before anyone asks whether the driver was speeding, distracted, or failed the due-care duty entirely.
Who actually pays your medical bills
The primary source is the at-fault driver's liability insurance. Georgia requires every driver to carry at least $25,000 per person and $50,000 per crash in bodily injury coverage — minimums that a serious pedestrian injury can exhaust quickly, which makes the search for additional coverage critical.
The second source surprises people: your own auto policy. Georgia's uninsured motorist statute, O.C.G.A. § 33-7-11, defines an insured as the named insured and resident relatives "while in a motor vehicle or otherwise" — meaning your UM coverage and medical payments coverage follow you onto the sidewalk. If the driver who hit you carries no insurance or too little, your own UM/UIM coverage can pay the difference, and using it does not require owning the car that hit you.
If the driver fled, Georgia treats it severely: leaving the scene of a serious-injury crash is a felony under O.C.G.A. § 40-6-270, punishable by one to five years in prison. Civilly, a hit-and-run proceeds like an uninsured driver claim through your UM coverage — and because you are a crime victim, O.C.G.A. § 9-3-99 can pause your filing deadline while the prosecution is pending, up to 6 years.
Walking in Marietta and Cobb County: what the numbers show
Georgia's pedestrian toll remains heavy: the Governor's Office of Highway Safety counted 310 pedestrian deaths statewide in 2023, down from 345 in 2022 but nearly double the total from a decade earlier — with most deaths occurring in the dark. Cobb County reflects the same pattern. A Marietta Daily Journal analysis of GDOT and police crash data counted 168 pedestrian deaths in Cobb County from 2013 through 2023; in 2023 alone the county saw 168 pedestrian-involved crashes, 17 of them fatal, and roughly 71% happened in darkness.
The corridor that comes up again and again is Cobb Parkway (US 41) — a 45-mph artery lined with bus stops and long gaps between signalized crossings, where that analysis counted more pedestrian deaths than any other surface street in the county. If you were hurt along Cobb Parkway, Windy Hill Road, or near Marietta Square, the roadway's design and lighting can become evidence — crossing at night where the nearest crosswalk is a half-mile away looks very different to a jury than the insurer's "jaywalker" label suggests.
Deadlines that control a Marietta pedestrian claim
Most pedestrian claims follow Georgia's standard 2-year injury deadline, but two traps catch people in Marietta: claims involving government vehicles require written ante litem notice far sooner, and hit-and-run victims may have more time than they think.
If the driver's insurer is already calling, get advice before giving any statement. The attorneys at Dream Team Law represent injured pedestrians across Cobb County — see our Atlanta office and pedestrian & bicycle accident pages, or call 1-855-255-TEAM. The key deadlines:
Frequently asked questions
Can I still recover money if I was jaywalking in Marietta?+
Usually yes, if the driver shares fault. Georgia reduces your recovery by your percentage of fault and bars it only at 50% or more. Drivers also owe every pedestrian a duty of due care under O.C.G.A. 40-6-93 — a speeding or distracted driver can carry most of the fault even when you crossed outside a crosswalk.
The driver who hit me drove off. Do I have any options?+
Yes. Report it to police immediately — leaving the scene of a serious-injury crash is a felony in Georgia, and the report preserves your rights. Your claim then typically proceeds through your own uninsured motorist coverage, which covers you as a pedestrian. Because you are a crime victim, your filing deadline may also be paused while the prosecution is pending, for up to 6 years.
Does my own car insurance really cover me if I was on foot?+
Yes. Georgia's UM statute covers the named insured and resident family members whether they are in a vehicle or not. Your uninsured motorist and medical payments coverages apply when you are walking or cycling, and using them for a crash someone else caused should not raise your rates under Georgia law.
This article is for general information only and is not legal advice; reading it does not create an attorney-client relationship. Deadlines depend on the specific facts of your case — consult a licensed attorney in your state about your situation. Attorney advertising. Prior results do not guarantee a similar outcome.