Pedestrian Accidents

Atlanta, Georgia Pedestrian Accident / Injury Cases

Our Atlanta-based injury law firm has represented a number of pedestrians who have been injured after being struck by cars or trucks. Also, we’ve represented the families of pedestrians who were struck and killed by vehicles.

A fairly simple collision—that is, a car/truck strikes and injures or kills someone walking in or near the roadway—often leads to a complicated claims process. Why? Insurance companies love to blame pedestrians for almost anything. For example, if someone crossing a roadway was not in a crosswalk, the insurance company tries to place total blame for the accident on the pedestrian. Of course, this view ignores the driver’s duty to maintain a safe speed in areas where pedestrians are present, keep a proper lookout, and avoid distracted driving. Often, crosswalks are not available and a pedestrian has a need to cross a street or other roadway. Worse yet, we have seen insurance companies try to blame pedestrians who were actually struck while in a walkway. In those circumstances, in an effort to avoid paying fair compensation on a claim, the company will argue that the pedestrian should have been more alert, seen the car coming, and not entered the crosswalk at all. The common theme is that in many cases, but particularly those involving pedestrians in or near the road, the Allstates, State Farms, and Progressives of the world do not want to accept liability for their insureds’ actions.

In 2014, our law firm was selected to represent the family of an engineer from China. He was in Atlanta to visit his son, a doctoral student at Emory University. The man went out one morning for his daily walk, just as he did every day. While crossing the street—not in a crosswalk—he was struck and killed by a pick-up truck. The responding police officer actually blamed client’s father for improperly being in the middle of the roadway in a busy area in Dekalb County. Due to this accident investigation, Allstate denied liability on the claim for the man’s wrongful death. After our law firm became involved, we tracked down an eyewitness to the collision. This witness signed an Affidavit for us, confirming that the truck driver who hit the man was driving too fast for conditions and, but for this speeding, he could have seen our client in the roadway. We used this and other compelling evidence to force Allstate to change its position on the case and, ultimately, pay the entire policy limits. This claim highlights some of the complexities involved with Georgia pedestrian accident cases.

With the huge rise in distracted driving in recent years, pedestrian accidents seem to be occurring with more frequency. When drivers operate a car while looking down at a smartphone or tablet, bad things are likely to happen—and they do. We welcome the chance to speak with anyone injured as a result of a pedestrian accident.

Atlanta, Georgia pedestrians use roadways, parking lots, and other areas of travel just like cars and trucks.

We have represented numerous pedestrians throughout Georgia who have been struck and severely injured by motorists. Often, cars and trucks driving on metropolitan Atlanta roadways fail to keep a proper lookout for pedestrians on the side of the road or even within cross-walk areas.

Georgia law defines “pedestrian” as “any person who is afoot.” O.C.G.A. § 40-1-1. Wheelchair users are also considered pedestrians under Georgia law.

The Georgia Department of Transportation created the Pedestrian & Streetscape Guide, which is a handy reference for Georgia citizens traveling on foot and for developers who should consider pedestrian traffic prior to construction of commercial areas.

Click here for more information.

Some Georgia pedestrian laws of interest are:

Pedestrians and traffic signals – O.C.G.A. § 40-6-21
Pedestrians have the right of way in crosswalks – O.C.G.A. § 40-6-91 (a)
Pedestrian shall not suddenly leave the curb area such that it is impractical for a driver to yield. – O.C.G.A. § 40-6-91 (b)
Pedestrians crossing the street at a place other than a crosswalk should yield to vehicles unless they have already, under safe conditions, entered the road. O.C.G.A. § 40-6-92 (a)
Drivers should exercise due care to avoid colliding with any pedestrian upon any roadway, regardless of whether the pedestrian has complied with various rules. – O.C.G.A. § 40-6-93. Drivers are expected to take proper precautions when encountering any child, elderly person, confused individual, and intoxicated or incapacitated person in the roadway.