Atlanta Pedestrian Accident Attorney

Hit by a Car While Walking in Atlanta: What Georgia Law Says

A driver must stop and stay stopped for a pedestrian in a crosswalk who is on the driver’s half of the road, or within one lane of it, and every driver must use due care to avoid hitting a pedestrian, even one crossing outside a crosswalk (O.C.G.A. §§ 40-6-91 and 40-6-93). These are the right-of-way rules that decide most Atlanta pedestrian claims:

• In a crosswalk, a driver must stop and remain stopped for a pedestrian on the driver’s half of the road, or approaching within one lane of it, including the half the driver is turning onto (O.C.G.A. § 40-6-91).
• Georgia counts the unmarked crosswalk at an intersection as a crosswalk, not just painted lines (O.C.G.A. § 40-1-1).
• At a traffic light, a turning driver must stop for a pedestrian lawfully in the crosswalk, including on a right turn on red (O.C.G.A. § 40-6-21).
• Outside a crosswalk, a pedestrian must yield to vehicles unless already safely in the road (O.C.G.A. § 40-6-92), but every driver must still use due care to avoid hitting a pedestrian anywhere on the road (O.C.G.A. § 40-6-93).
• A pedestrian who is partly at fault can still recover if less than 50% at fault, with the award reduced by that share (O.C.G.A. § 51-12-33).

In most cases you have two years from the crash to file an injury lawsuit (O.C.G.A. § 9-3-33), and the deadline to give notice can be much shorter when a city, county or state vehicle is involved. Our guide to Georgia filing deadlines explains each one.

These crashes are common and often serious. Georgia DOT reports that 257 pedestrians were killed statewide in 2025, and that 84% of pedestrian deaths happen overnight and 95% happen outside a crosswalk. Atlanta adopted a Vision Zero ordinance in 2020 and has lowered the default speed limit to 25 mph on many city streets, which we cover in our post on Vision Zero and Atlanta traffic deaths.

Written by attorney Jonathan Flack. Before founding Flack Injury Law, Jonathan spent two and a half years on the insurance side of commercial truck, tractor-trailer and medical transport van cases. Super Lawyers Rising Star (2024 to 2027). The National Trial Lawyers Top 40 Under 40, Civil Plaintiff (2026). GTLA member. Last reviewed: October 31, 2026.

Who Is at Fault in Common Atlanta Pedestrian Crashes

Pedestrian crashes follow a few patterns. Each one points to a duty the driver owed you.

Turning Drivers at Crosswalks

Drivers turning right on red or turning left through a gap in traffic often watch for cars and miss the person in the crosswalk. A turning driver must stop for a pedestrian lawfully in the crosswalk (O.C.G.A. § 40-6-21), and signal timing, video and the driver’s line of sight usually show whether the driver had time to yield.

Crossing Mid-Block

Insurers treat a mid-block crossing as automatic blame on the pedestrian. Georgia law does not. A pedestrian outside a crosswalk must yield, but the driver still must keep a lookout and use due care (O.C.G.A. §§ 40-6-92 and 40-6-93). Speed, lighting, bus stop locations and the distance between crosswalks all matter.

Parking Lots and Driveways

A driver may not back up unless it can be done with reasonable safety (O.C.G.A. § 40-6-240), and drivers pulling out of driveways and lots must watch for people on the sidewalk. These crashes happen at grocery stores, apartment complexes and gas stations, and store cameras often record them.

Night Crashes

Most Georgia pedestrian deaths happen in the dark. A driver who says “I never saw them” still had a duty to keep a lookout and to drive no faster than is reasonable for the conditions, including darkness (O.C.G.A. § 40-6-180). Street lighting, speed and the driver’s phone use are often the real story.

How Shared Fault Works When You Were Hit Walking

The driver’s insurer will often argue you were partly to blame because you crossed outside a crosswalk, wore dark clothing or were looking at your phone. Those arguments do not end a claim. Under Georgia’s comparative fault rule, a jury assigns a percentage of fault to each person. Your recovery is reduced by your share, and it is barred only if you are 50% or more at fault (O.C.G.A. § 51-12-33).

That is why the early evidence matters. Video from nearby businesses, buses and traffic cameras, the location of the impact, skid marks and witness accounts show where you were and what the driver could see. The more clearly that evidence shows the driver’s choices, the smaller any shared-fault argument becomes.

Who Pays After You Are Hit by a Car

In most cases, the driver’s liability insurance pays your claim once fault is shown. Other coverage may apply too.

• Your own auto policy. Uninsured motorist (UM) coverage can pay when the driver had no insurance or not enough. Whether a policy covers you while you were walking depends on its terms, so we review every policy that might apply. See our guide to uninsured motorist coverage in Georgia.
• A driver who was working. If the driver was making a delivery or driving a company vehicle on the job, the employer may also be responsible (O.C.G.A. § 51-2-2). Uber and Lyft drivers are usually independent contractors, but the rideshare company’s insurance may apply depending on what the driver was doing in the app (O.C.G.A. § 33-1-24). Rideshare and commercial policies often carry higher limits than a personal auto policy. See our pages on Uber and Lyft accidents and delivery vehicle accidents.
• A driverless car. If a Waymo hit you, see our guide to who is liable when a Waymo crashes in Atlanta.
• Your health insurance. It can pay medical bills while the claim is pending, though it may seek repayment from the settlement.

A pedestrian claim can include emergency and future medical care, rehabilitation, lost wages and earning capacity, and pain, suffering and lost enjoyment of life. Pedestrians often suffer fractures, head injuries and orthopedic trauma that require surgery and months of therapy, so we do not value a claim until the treatment picture is clear.

Hit-and-Run Pedestrian Accidents in Georgia

Can I Recover if the Driver Drove Off?

Often, yes. Georgia treats a vehicle whose owner or driver is unknown as an uninsured vehicle, so uninsured motorist (UM) coverage may pay for your injuries (O.C.G.A. § 33-7-11). Whether a particular auto policy covers you while you were walking depends on its terms, so we review every policy that might apply.

What Georgia Requires for a Hit-and-Run UM Claim

When the driver is unknown, Georgia requires either actual physical contact with the vehicle or an eyewitness, other than you, who backs up your account of what happened. The crash also has to be reported to the police as Georgia law requires, so call 911 or the local police as soon as you can (O.C.G.A. § 33-7-11).

Why Acting Quickly Matters After a Hit-and-Run

Video from nearby businesses, buses and traffic cameras is often recorded over, and witnesses are easiest to find soon after a crash. Write down where and when it happened, what you remember about the vehicle, and the names of anyone who stopped to help.

When Someone You Love Was Hit

If someone you care about was hit while walking, make sure they get medical care, help them keep the police report number and photos, and ask them not to give a recorded statement to the driver’s insurance company before talking with a lawyer. Our guide on how to help a friend after a car accident walks through the most useful steps.

If a pedestrian crash was fatal, Georgia law decides who can bring the wrongful death claim, starting with the spouse, then the children, then the parents. A separate estate claim can recover medical and funeral expenses. Our Atlanta wrongful death attorney page explains both claims and the deadlines.

Pedestrian Accident Questions

Do I Have a Case if I Was Not in a Crosswalk?

You may. A pedestrian crossing outside a crosswalk has to yield to cars, but every driver still has a duty to use due care to avoid hitting a pedestrian (O.C.G.A. §§ 40-6-92 and 40-6-93). If you share some fault, your recovery is reduced by your percentage, and it is barred only if you are 50% or more at fault.

How Long Do I Have to File a Pedestrian Accident Claim in Georgia?

Most injury lawsuits must be filed within two years of the crash (O.C.G.A. § 9-3-33). If a city vehicle was involved, written notice to the city is due within six months, county claims must be presented within 12 months, and state claims require notice within 12 months of when the loss was or should have been discovered, so call early if a government vehicle or employee was involved.

Who Pays My Medical Bills After I Was Hit by a Car?

The driver’s liability insurance usually pays an injury claim once fault is shown, but that can take time. Your own health insurance, and coverage such as medical payments or uninsured motorist coverage on an auto policy, may help in the meantime, depending on the policy. Your health plan may also ask to be repaid. See whether health insurance gets paid back from a Georgia settlement.

Do I Need a Lawyer if the Driver’s Insurer Already Called Me?

You are not required to have one, but it helps to talk with a lawyer before giving a recorded statement or signing anything. Insurers often argue that a pedestrian was partly at fault, and a signed release usually ends the claim. You can talk directly with Jonathan Flack about your situation. No fee unless we recover money for you, and if we don’t, you owe no case costs either.

Talk With an Atlanta Pedestrian Accident Attorney

Jonathan Flack works directly on every case and represents injured people only. He knows from his years on the insurance side how carriers build the “pedestrian was at fault” story, and he starts gathering the evidence that answers it right away.

Call Flack Injury Law at (678) 653-0309 or reach out online for a free consultation. Flack has your back.