Atlanta Pedestrian Accident Lawyers
Metropolitan Atlanta is 8th in the country for pedestrian deaths, according to Atlanta Magazine. In the decade between 2004 and 2014, this sadly meant the death of over 800 pedestrians walking around Atlanta. Since then, pedestrian injuries and fatalities have continued to rise across Georgia, often due to distracted driving, poor road design, and insufficient crosswalk safety measures. Victims and their families are left facing medical bills, lost income, and the long road to recovery.
If you or a loved one suffered an injury in a pedestrian accident, there may be legal options available to you. An Atlanta pedestrian accident lawyer can apply the specific facts and circumstances of your injury to the applicable laws regarding pedestrian accidents and fight to ensure your rights are protected. Shiver Hamilton Campbell handles all types of pedestrain accidents:
Atlanta Pedestrian Accident Laws
In Atlanta, the most common way to recover your damages from a pedestrian accident is under a theory of negligence. Under a theory of negligence, the injured pedestrian argues that the reckless or careless actions of a driver caused the accident. Here are the elements of a negligence claim and how they apply to pedestrian accidents.
First, the pedestrian must prove the driver owed the pedestrian a duty of care. This is a simple element to prove when it comes to pedestrian accidents. Whenever a driver gets behind the wheel of a vehicle, they must act as a reasonable person would. This typically includes obeying the traffic laws and paying attention to the road but can also include other types of behavior such as slowing down during inclement weather or in pedestrian areas.
Next, the pedestrian must prove the driver breached this duty of care. Simply put, the pedestrian must point to some action or inaction by the driver that fell below the behavior expected of a reasonable person. A driver may breach their duty of care by disobeying traffic laws, not paying attention to the road, or failing to slow down in pedestrian-heavy areas.
Lastly, the pedestrian must prove the driver’s breach of their duty of care caused the pedestrian accident. This is a relatively uncomplicated legal concept – the pedestrian may not point to an inconsequential violation of the traffic code twenty minutes before the accident and recoup damages. The easiest way to satisfy this legal requirement is through a “but-for” causation standard: if the accident would not have occurred but for the driver’s unreasonable or negligent actions, then the breach of duty caused the pedestrian accident.
Common Causes of Pedestrian Accidents in Atlanta
Pedestrian accidents in Atlanta often happen on busy roads like Peachtree Street, Buford Highway, and other major corridors where vehicle and foot traffic converge. Some of the most common causes include:
- Distracted driving, such as texting or using mobile devices behind the wheel
- Speeding or failing to yield to pedestrians at crosswalks
- Impaired driving due to alcohol or drugs
- Left-turn and right-turn collisions at intersections
- Poorly lit streets and inadequate pedestrian signage
Even when pedestrians are following the rules, negligent drivers can cause devastating crashes. In some cases, the city or property owners may also share liability for poor street maintenance, broken traffic signals, or unsafe sidewalks.
Proving Negligence and Liability
Sometimes in pedestrian accidents, multiple drivers are at fault. In situations where more than one person is at fault for a pedestrian accident, Atlanta law follows a comparative negligence approach which assigns a percentage of the blame for the pedestrian accident to each party, including the pedestrian if they are at fault.
Under Section 51-12-33 of the Georgia Code, each person may then be responsible for the percentage of damages equivalent to their percentage of blame. Notably, if the pedestrian is more than 50 percent at fault for the accident, then they may not be able to recover anything from negligent drivers under Atlanta’s modified comparative negligence laws. This makes it critical to have an attorney who can investigate the accident thoroughly, gather evidence such as surveillance footage or witness statements, and build a strong claim on your behalf.
Types of Injuries and Compensation
Pedestrian accidents often lead to catastrophic injuries, as the human body has no protection against the impact of a vehicle. Victims commonly suffer broken bones, spinal injuries, internal trauma, and traumatic brain injuries. These injuries may require long-term medical treatment, physical therapy, and lifestyle adjustments. Compensation in a pedestrian accident case may include:
- Medical expenses, rehabilitation, and future treatment costs
- Lost wages and loss of earning potential
- Pain and suffering, mental anguish, and loss of enjoyment of life
- Permanent disability or disfigurement
- Wrongful death damages for families who lost a loved one
Your attorney can calculate the full value of your claim to ensure all present and future damages are included before settlement negotiations begin.
Pedestrian Deaths in Atlanta
Sadly, many pedestrian accidents in Atlanta result in fatalities. When a pedestrian is killed by a negligent driver, their surviving family members may have the right to file a wrongful death claim. These cases allow loved ones to seek compensation for the financial and emotional toll of their loss — and to hold the responsible party accountable for their actions.
Wrongful death claims in Georgia may be filed by a surviving spouse, child, or parent of the deceased. If no immediate family members are available, the claim can be brought by the personal representative of the estate. Damages may include funeral expenses, loss of income and support, and the loss of companionship and guidance the deceased provided. In addition, families can often recover for the “full value of the life” of their loved one, a legal measure that includes both tangible and intangible contributions they made.
These cases can be emotionally difficult and legally complex, especially when insurance companies or defendants attempt to minimize responsibility. A compassionate and experienced Atlanta pedestrian death lawyer can take the burden off your shoulders, investigate the cause of the fatal crash, and pursue justice on behalf of your family.
While no legal outcome can replace the loss of a loved one, a successful wrongful death claim can bring a measure of closure and help ensure negligent drivers are held accountable — protecting others from suffering similar tragedies in the future.
Improving Pedestrian Safety in Atlanta
City officials have introduced initiatives such as the Vision Zero program, which aims to reduce pedestrian and cyclist fatalities to zero through improved infrastructure, traffic calming measures, and stricter enforcement. However, despite these efforts, pedestrian injuries remain a growing concern. Until safer crosswalks, lighting, and traffic enforcement are fully in place, pedestrians must continue to exercise caution — and injured victims must seek justice when preventable accidents occur.
Frequently Asked Questions About Pedestrian Accidents
What should I do immediately after being hit by a car?
Seek medical attention right away, even if your injuries seem minor. Call the police to report the accident, gather contact information from witnesses, and take photos of the scene if possible. Then contact an Atlanta pedestrian accident lawyer before speaking to any insurance adjusters.
Can I still recover compensation if I was partially at fault?
Yes, Georgia’s comparative negligence law allows victims to recover damages even if they were partially responsible, as long as they were less than 50% at fault. However, your compensation will be reduced by your percentage of fault.
How long do I have to file a pedestrian accident claim?
In Georgia, you typically have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline can prevent you from recovering compensation, so it’s crucial to contact an attorney as soon as possible after your accident.
Talk to an Atlanta Pedestrian Accident Lawyer Today
Negligence claims have a short statute of limitations in Atlanta. Under Section 9-3-33 of the Georgia Code, someone must file a pedestrian accident claim in an Atlanta court within two years of the accident. Because of this short time period, it’s important to contact an Atlanta pedestrian accident lawyer as soon as possible to learn more about your legal options after an accident.
A skilled attorney at Shiver Hamilton Campbell can review the facts of your case, explain your rights, and handle negotiations with insurance companies on your behalf. If you choose to move forward with a claim, your attorney will advocate for you every step of the way. Call today for a free consultation and take the first step toward justice and recovery.
