Georgia Pedestrian Accident Claims: Statutes, Liability & Damages

People don’t expect to be injured while walking on the sidewalk, in a crosswalk, or in another area appropriate for pedestrians. Unfortunately, pedestrian accidents are common in Georgia due to careless drivers failing to pay attention or follow traffic laws.

If a motor vehicle driver has hit you or a loved one, you may be wondering about the relevant statutes, liability, and damages. An Atlanta pedestrian accident lawyer from John Foy & Associates can evaluate your case, explain your options, and fight for the compensation you deserve.

Keep reading to learn more, or contact us now for a free, no-obligation consultation.

Georgia’s Definition of a Pedestrian

In the state of Georgia, a person is classified as a pedestrian when they are traveling without the use of a motorized vehicle. Those on foot in high-traffic areas are at increased risk of serious injury or death.

In the unfortunate event of a pedestrian accident in Georgia, seeking guidance from a legal professional is strongly advised. One of our attorneys can evaluate the viability of your claim and help you pursue damages from the liable party.

Key Laws Governing Pedestrians

OCGA §40-6-96 is a legal statute designed to protect Georgia pedestrians from accidents. According to this code, pedestrians are prohibited from walking on the side of a road when a sidewalk is readily available. 

Pedestrians in Georgia have the right of way when crossing in a designated crosswalk or when visually impaired with a guide dog or white walking stick. While jaywalking is not explicitly regulated, pedestrians crossing outside crosswalks must yield to traffic. 

Motorists must strictly follow traffic laws, and if they violate these rules, causing harm to pedestrians, they can be held financially accountable.

Liability in a Georgia Pedestrian Accident

Identifying the at-fault party in a Georgia pedestrian accident involves a case-by-case analysis due to the unique nature of each incident. An attorney can assess the details of your case, pinpointing the responsible party.

If you believe a motorist is at fault, gathering evidence, such as a police report, photos, and videos of the accident scene, can help support your claim.

A pedestrian accident lawyer plays a crucial role in evaluating and presenting this evidence to the insurance company or the court. If your case goes to trial, your lawyer will remain with you and fight for you every step of the way.

Financial Compensation After a Georgia Pedestrian Accident

After being injured in a pedestrian accident, you may be entitled to financial compensation for various damages. Pursuing a personal injury claim is the best way to cover the losses you’ve incurred due to the incident. 

Here are the damages you can seek:

• Medical expenses: This category covers the costs of your medical treatments, surgeries, prescription medications, and other necessary medical costs, including physical therapy.
• Lost income: This damage is for wages lost during your recovery.
• Loss of earning capacity: If you are no longer able to work in your current position, this damage compensates you for the impact on your future earning potential.
• Property damage: This compensation is for damages to your clothing or other personal belongings.
• Pain and suffering: This refers to both the physical pain and emotional distress the accident caused.

• Scarring and disfigurement: If the accident left you scarred or disfigured, you deserve compensation for this profound damage.
• Loss of enjoyment of life: This damage refers to your diminished quality of life after a serious accident.
• Wrongful death: If a loved one passes away due to an accident, certain family members may be entitled to wrongful death damages.
• Punitive damages: In cases of extreme negligence, the court may award punitive damages.

Enlisting the services of a pedestrian accident lawyer in Georgia is crucial to ensuring you receive appropriate compensation for all you’ve endured. John Foy & Associates is dedicated to maximizing your settlement or court award to support your healing journey.

Time Limit for Suing the Negligent Driver

If the insurance company fails to offer you fair compensation, your attorney can help you sue the negligent party. However, Georgia has a two-year statute of limitations for filing a lawsuit per OCGA §9-3-33. Barring unique circumstances, failing to act within this period could result in losing your ability to recover damages.

Initiating your personal injury claim sooner improves your chances of success. Take the first step by consulting a personal injury attorney. Your lawyer will negotiate with insurers and initiate the legal process if necessary.

Our attorneys operate on a contingency basis, meaning you owe us nothing unless we secure compensation for you.

Free Consultation With a Georgia Pedestrian Accident Law Firm

If you’ve been negatively affected by a pedestrian accident in the state of Georgia, you deserve justice. At John Foy & Associates, our attorneys have more than 20 years of experience helping clients throughout the state of Georgia get the financial compensation they need to recover and move forward.

We understand how overwhelming these accidents can be, and we are here to help. Contact us today for a free consultation.