Atlanta pedestrian accident attorney

A person on foot has no bumper, no airbag and no seat belt. When a car hits someone who is walking, the injuries are often severe, and the driver's insurer starts building its side of the story right away.

As an Atlanta pedestrian accident attorney, Gary Huggins helps people hit while walking deal with insurers, medical bills and Georgia law. His firm, Huggins Accident Injury Lawyer, is in Perimeter Center near I-285 and GA-400.

Below: crosswalk rules, insurer arguments, how your own car insurance can protect you, and your deadlines. To talk now, call (240) 421-5511; the phone is answered 24 hours a day.

What to do first after being hit by a car

Still in the hospital? A family member or Gary's office can handle these.

• Get medical care and keep every follow-up. Head injuries and internal bleeding can take hours to show.
• Ask for the police report number. Reports from most metro agencies show up on BuyCrash.com a few days after the crash.
• Keep your clothes and shoes as they are. Paint, glass and tire marks can help identify the car.
• Photograph the scene (crosswalk, signals, streetlights) and your injuries, and get witnesses' names.
• Say no to a recorded statement for the driver's insurer. No Georgia law requires one.

Why metro Atlanta is dangerous for people on foot

Much of metro Atlanta was built around the car. Many busy roads are wide and fast, with long gaps between signals, and the bus stop or grocery store is often across the street from home.

According to the Governor's Office of Highway Safety (GOHS), 345 pedestrians were killed on Georgia roads in 2022, up from 176 in 2013. About half of the 2022 deaths, 176 of 345, happened in the 11-county Atlanta region. Fulton County had more pedestrian deaths than any other county that year (52), followed by DeKalb (45), according to the GOHS 2022 pedestrian and bicyclist fact sheet.

The same report found that 77% of fatal pedestrian crashes in 2022 happened away from an intersection. From 2018 through 2022, 81% of fatal pedestrian crashes happened in the dark. Darkness and mid-block crossings are exactly what insurers point to when they blame the person who was walking.

Where pedestrian crashes happen in metro Atlanta

These corridors mix heavy traffic, people on foot and long gaps between safe crossings:

• Buford Highway through Brookhaven, Chamblee and Doraville, home to many Spanish-, Korean-, Vietnamese- and Chinese-speaking families. Long stretches have few crosswalks, and the road has a history of pedestrian deaths. Medians, crosswalks and lighting have been added in places, but gaps remain. Read about Buford Highway pedestrian safety or pedestrian accidents in Doraville.
• Memorial Drive, running east from downtown through DeKalb County, with wide stretches and busy bus stops.
• Moreland Avenue, where Little Five Points and other walkable neighborhoods meet a heavy through route.
• Peachtree Road in Buckhead and Brookhaven, where people near Lenox Square, Phipps Plaza and Piedmont Atlanta Hospital cross several lanes of turning traffic.
• Roswell Road in Buckhead and Sandy Springs, lined with apartments, shopping centers and bus stops.
• Jimmy Carter Boulevard in Norcross, a wide, busy road where many people walk to work and bus stops.

Crossing to and from MARTA

Every transit rider is a pedestrian at both ends of the trip. The stop for the ride home is often across a wide road, and when the nearest signal is far away, riders cross mid-block. A bus stopped at the curb can also hide a person crossing in front of it from drivers in the next lane.

Near rail stations such as Lindbergh Center, Brookhaven/Oglethorpe, Chamblee and Doraville, walkers also cross station driveways busy with drivers hurrying to park.

Hurt on Buford Highway or near a MARTA stop? Call (240) 421-5511. Gary speaks Spanish and can meet you at home or in the hospital.

What Georgia law says about crosswalks and right of way

These Georgia rules decide most pedestrian cases:

• Drivers must stop for you in a crosswalk. Under O.C.G.A. § 40-6-91, a driver must stop and stay stopped for a pedestrian in a crosswalk on the driver's half of the road (all lanes going the driver's direction), or approaching within one lane of that half, including the half the driver is turning onto.
• No passing a car that stopped for you. The same law bars a driver approaching from behind from passing a vehicle stopped at a crosswalk for a pedestrian.
• WALK signals bind drivers. Drivers must stop and stay stopped for pedestrians crossing on WALK (O.C.G.A. § 40-6-22). GOHS reminds drivers that even on green, a turning driver must wait for pedestrians in the crosswalk.
• Drivers leaving a driveway, alley or building must yield to people on the sidewalk (O.C.G.A. § 40-6-144).
• Outside a crosswalk, the pedestrian yields. Under O.C.G.A. § 40-6-92, a person crossing elsewhere must yield to vehicles, and between two intersections with working signals may cross only in a marked crosswalk. No one may suddenly step off the curb in front of a car too close to stop (§ 40-6-91).

One rule sits above the rest. Even when a pedestrian crosses in the wrong place, every Georgia driver must use due care to avoid hitting a person in the road, and must take proper precautions around children and anyone obviously confused, incapacitated or intoxicated (O.C.G.A. § 40-6-93).

How insurers blame pedestrians, and how evidence answers

Expect the driver's insurer to look for ways to blame you. Georgia's fault rule is the reason.

Under O.C.G.A. § 51-12-33, a person who is 50% or more at fault recovers nothing, and anyone less at fault has the award reduced by their share. Our article on Georgia's 50% rule walks through the math.

Common arguments, and the evidence that answers them:

• “You crossed mid-block.” That can shift some fault to you, but it never gives a driver permission to hit someone. Speed, braking, phone use and line of sight still count, and many cars have an event data recorder that logs speed and braking.
• “You wore dark clothes.” Dark clothing breaks no law, and the duty of due care doesn't switch off at night. A lighting check at the same hour, streetlight outage records and the driver's speed can show whether a careful driver would have seen you.
• “You darted out.” Video often settles this, but many home and business cameras record over footage within days. Witnesses and the point of impact help, too.
• “You were on your phone” or “you had been drinking.” Even if true, the question is how much each person's conduct caused the crash. A speeding or texting driver gets no pass, and Georgia's Hands-Free law (O.C.G.A. § 40-6-241) bars drivers from holding a phone while driving.

If an adjuster is already blaming you, don't argue on a recorded line. Call (240) 421-5511 and let Gary review the evidence first.

Your own car insurance can cover you while walking

In Georgia, an at-fault state, the careless driver's liability coverage is the first place to look. But the state minimum is only $25,000 per person for bodily injury (25/50/25 under O.C.G.A. § 33-7-11 and § 40-9-37), and a serious pedestrian injury can cost far more.

That gap is what uninsured/underinsured motorist (UM) coverage fills. Georgia's UM law protects you and relatives who live with you “while in a motor vehicle or otherwise” (O.C.G.A. § 33-7-11), so your UM coverage can apply when you are hit on foot. Even without a car of your own, a spouse's or relative's policy in your household may cover you.

• Added-on (excess) UM pays in addition to the driver's coverage. Say the driver carries the $25,000 minimum and your policy has $100,000 in added-on UM: as much as $125,000 could be available.
• Reduced-by UM subtracts the driver's limits. With those same made-up numbers, the most you could reach is $100,000.

Added-on has been the default for Georgia policies since January 1, 2009, unless the policyholder turned it down in writing. There are technical steps to keep a UM claim alive; our guide to Georgia UM coverage explains them.

Not sure what your policy says? Take a photo of the declarations page and call (240) 421-5511. Gary will go through it with you.

What if the driver who hit you drove away?

A driver in a crash that injures someone must stop, share their information and help get the injured person care (O.C.G.A. § 40-6-270). Leaving is a crime, and it leaves you without the driver's insurance unless your own UM steps in.

Georgia treats a vehicle as uninsured when its driver is unknown. UM can pay after a hit-and-run if the vehicle actually made contact with you or an eyewitness other than you backs up your account, and the crash is reported to police as the law requires. Report a hit-and-run to police right away, and get the names of everyone who saw it.

The Georgia Crime Victims Compensation Program, run by the Criminal Justice Coordinating Council, lists hit-and-run among the crimes it most often covers. It pays only after insurance and other sources, but it may help with some costs.

Claims against MARTA, a city or a county

Sometimes the vehicle was a MARTA bus or a city or county truck. Sometimes a broken signal or road hazard played a part. Governments are immune from suit except where Georgia law waives that protection, and claims against them require early written notice, called ante litem notice:

• City: within 6 months (O.C.G.A. § 36-33-5)
• County: within 12 months (O.C.G.A. § 36-11-1)
• State of Georgia, such as GDOT: within 12 months under the Georgia Tort Claims Act (O.C.G.A. § 50-21-26)
• MARTA: special notice rules and shorter deadlines can apply

A city claim can require written notice within six months, long before the two-year lawsuit deadline. If a public vehicle was involved, call (240) 421-5511 so notice goes out on time. See our page on bus and MARTA accidents.

What compensation can an injured pedestrian recover?

Pedestrian injuries are often serious: broken legs and pelvises, spine injuries, traumatic brain injuries and deep road rash. You may be entitled to compensation for:

• Medical bills, from the ambulance and ER to surgery, rehab and future care
• Lost wages and, if you can't go back to the same work, lost earning capacity
• Physical pain, emotional distress and the activities and independence you lost
• Damaged property, such as a phone, glasses or wheelchair

Georgia places no cap on pain-and-suffering damages in an ordinary injury case. If the driver was drunk or acted with conscious indifference to the consequences, punitive damages may also be possible (O.C.G.A. § 51-12-5.1). They are usually capped at $250,000, but not for a driver whose judgment was substantially impaired by alcohol or drugs.

If you were hit on or after April 21, 2025, SB 68 lets a jury hear what your health insurer actually paid and limits medical expenses to the reasonable value of necessary care (O.C.G.A. § 51-12-1.1), so keep every bill and receipt. If someone you love was killed, the family can seek the full value of that life; see our wrongful death page.

How long do you have to file a pedestrian accident claim in Georgia?

Most Georgia injury lawsuits must be filed within two years of the crash (O.C.G.A. § 9-3-33). Some deadlines differ:

• Wrongful death: generally two years from the date of death.
• Property damage: four years (O.C.G.A. § 9-3-31).
• A child's own injury claim: the clock generally waits until age 18 (O.C.G.A. § 9-3-90), but a parent's claim for the child's medical bills follows different rules.
• Government claims: the 6- and 12-month notices above.
• If the driver is prosecuted, for example for hit-and-run or DUI, O.C.G.A. § 9-3-99 may pause the deadline while the case is pending. Courts decide that case by case, so no one should count on it.

Evidence usually disappears long before deadlines run. Call (240) 421-5511 to find out which deadlines apply to your crash.

How an Atlanta pedestrian accident attorney helps

Gary has practiced law for 20 years. After a pedestrian crash, his first weeks focus on facts that fade fast:

• Preservation letters for video, 911 audio, body-camera footage and vehicle data
• A scene visit at the same time of day to document lighting, signals and sight lines
• A search for every policy: the driver's, the vehicle owner's, an employer's if the driver was working, and your own UM
• Tracking medical bills and any hospital liens on your settlement

If a lawsuit is needed, the court depends on who is being sued; often it is the State Court in the county where you were hit or where the driver lives.

Talk to an Atlanta pedestrian accident attorney today

Gary's office is at 1050 Crown Pointe Parkway, Suite 500, Atlanta, GA 30338, in Perimeter Center near I-285 and GA-400. He can meet you there, talk by phone or video, or come to your home or hospital room. Gary speaks Spanish: lea sobre accidentes peatonales en español.

The consultation is free, and there is no attorney's fee unless we recover compensation for you. Call (240) 421-5511, day or night.