Hit by a Car While Walking? You Don't Have to Handle the Insurance Companies Alone.

A pedestrian hit by a car in Georgia may be able to seek compensation from the at-fault driver. The biggest limit is time, since most injury claims must be filed within two years. T. Madden & Associates, P.C. is a Georgia personal injury firm. Terance Madden has practiced law since 1999, and the firm has an office in Jonesboro in Clayton County. This page explains how these claims work so you can see your options clearly.

What a Pedestrian Injury Claim Is and Who It Is For

A pedestrian injury claim is a claim against the driver, and sometimes others, whose negligence caused a vehicle to strike a person on foot. It asks for money to cover the injuries and losses the crash caused.

The claim may be brought by the injured person. After a pedestrian dies, certain family members may bring a wrongful death claim instead.

Crashes happen in many places. A pedestrian can be hit in a marked crosswalk, at an intersection, in a parking lot, or mid-block. People using wheelchairs or pushing strollers can be struck too.

The same Georgia law applies wherever in Clayton County the crash happened. If you are reading this for someone else, you are not alone in that position.

Can You Recover Compensation as a Pedestrian in Georgia?

Yes, a pedestrian can seek compensation when a driver’s negligence caused the injury and the pedestrian was not too much at fault. Fault is the central question in every case.

Drivers have clear duties near crosswalks. A driver must stop and stay stopped for a pedestrian in a crosswalk in the situations described in O.C.G.A. § 40-6-91. Every driver must also exercise due care to avoid hitting a pedestrian.

Pedestrians have duties too. Under O.C.G.A. § 40-6-92, a pedestrian crossing a roadway at any point other than a marked crosswalk or an unmarked crosswalk at an intersection must yield the right-of-way to vehicles upon the roadway. Georgia’s Department of Driver Services says a left-turning driver must yield to pedestrians and stop for them in the crosswalk.

Georgia uses modified comparative fault. Under O.C.G.A. § 51-12-33, the award is reduced by the injured person’s share of fault. If that share is 50 percent or more, no damages can be recovered. Under O.C.G.A. § 51-12-33, where an action is brought for injury and the plaintiff is to some degree responsible for the injury or damages claimed, the judge shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault.

Insurers often look at the same facts: where the pedestrian was, whether they were in a crosswalk, lighting and visibility, whether they stepped out suddenly, and what the driver was doing, including phone use.

What a Pedestrian Claim Can Include

Medical bills are limited to the reasonable value of medically necessary care. O.C.G.A. § 51-12-1.1 sets that limit for medical and healthcare expenses.

Economic losses often include:

• Ambulance, hospital, and surgery bills
• Imaging, physical therapy, and prescriptions
• Medical equipment and future treatment costs
• Lost wages or lost ability to earn

Non-economic losses include pain, emotional distress, loss of enjoyment of life, and scarring. Medical records and testimony help document these losses.

When a pedestrian dies, Georgia law lets certain family members sue. Under O.C.G.A. § 51-4-2, a surviving spouse, or if none, a child or children, may recover the full value of the life of the person who died, as shown by the evidence. The personal representative may also recover funeral and medical expenses under O.C.G.A. § 51-4-5.

Severe injuries such as traumatic brain injury, spinal cord injury, or amputation can need long-term planning and costs. The value of any claim depends on the facts, the records, and the evidence. No amount can be predicted from a general description.

Hit-and-Run Crashes and Drivers Without Insurance

Yes, you may still have options if the driver flees or has no insurance. Your own uninsured motorist coverage is often the main path.

A criminal case over leaving the scene and a civil injury claim are separate matters. Each one follows its own process.

Georgia auto liability policies must offer uninsured motorist coverage, but the insured may reject it in writing or choose lower limits under O.C.G.A. § 33-7-11(a)(3). Under O.C.G.A. § 33-7-11, it pays the insured for bodily injury caused by an uninsured vehicle’s owner or operator. If the driver cannot be identified, the accident must be reported as O.C.G.A. § 40-6-273 requires before you can recover under that endorsement.

Start protecting your claim at the scene if you can. Report the crash to police, and note the vehicle description, any partial plate, witness names, and the exact location. Pull your own policy and bring it to a consultation.

How a Pedestrian Claim Moves Forward, Step by Step

A pedestrian claim usually moves through six stages, from medical care to a lawsuit if one is needed.

1. Get medical care and keep every record. Save follow-up visit notes, bills, and prescription receipts. Delayed treatment can make it harder to link injuries to the crash.
2. Document the crash. Collect the police report number, photos, witness names, and any video. Business and traffic camera footage can be overwritten quickly, so ask for it early.
3. Talk with T. Madden & Associates. A first consultation reviews the facts and the next steps. The firm works on a no fee unless we win basis, but you may still be responsible for court costs and case expenses.
4. Investigate and set up the claim. This may include the police report, medical records, and insurance information, plus notice to the at-fault driver’s insurer.
5. Demand and negotiate. The demand is built on documented losses. Many claims resolve at this stage, though timing varies.
6. File a lawsuit if needed. Under O.C.G.A. § 9-3-33, most injury actions must be brought within two years. Claims against a city require a written claim within six months under O.C.G.A. § 36-33-5. Claims against the state follow the notice steps in O.C.G.A. § 50-21-26.

Why Work With T. Madden & Associates

T. Madden & Associates, P.C. is a Georgia personal injury firm. Terance Madden has practiced law since 1999. The firm has offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon, and Augusta.

The firm handles car accident, truck accident, motorcycle, e-bike, slip and fall, medical malpractice, nursing home abuse, wrongful death, catastrophic injury, and negligent security matters. Pedestrian crashes fall most closely under the car accident, truck accident, and wrongful death work.

Our team includes assistants and office staff. Terance Madden is the lawyer responsible for the firm’s work.

Pedestrians in Jonesboro and Clayton County can contact the Jonesboro office. Calls can be made 24 hours a day, 7 days a week.

Frequently Asked Questions About Pedestrian Crashes in Georgia

Talk With T. Madden & Associates About Your Pedestrian Crash

If a car hit you on foot in Jonesboro or Clayton County, you may be dealing with pain, bills, and insurance calls. Talking through the facts is a good first step, and it starts with the basics.

Have these ready: the date, the location, your injuries, the police report number, and your auto policy. Then reach out to Terance Madden for a free, confidential first consultation, with no obligation to continue. You can contact the firm online or call the Jonesboro office.

This page is general information, not legal advice. Responsible lawyer: Terance Madden, T. Madden & Associates, P.C. Contact: tmaddenlaw.com/contact.