Most people hit by a car in Brookhaven were doing something ordinary: walking to a bus stop on Buford Highway, crossing Peachtree Road to the Brookhaven/Oglethorpe MARTA station, or heading home from dinner. The driver's insurer may already be saying you should have crossed somewhere else. Georgia law is often more on your side than that.
Gary Huggins handles these cases as a Brookhaven pedestrian accident lawyer at Huggins Accident Injury Lawyer, whose office is in Perimeter Center. He speaks Spanish. If a driver hit you or someone in your family, call (240) 421-5511. Someone answers around the clock.
Buford Highway and Peachtree Road: two kinds of risk
Buford Highway is wide and fast. Markets, restaurants and apartment complexes line it through Brookhaven, out to Plaza Fiesta at Clairmont Road on the city's eastern edge. Bus stops often sit across several lanes from the homes and jobs riders are headed to, and marked crosswalks can be far apart, so people cross where they are, often after dark. Our Buford Highway pedestrian safety guide covers the corridor in depth.
Peachtree Road moves slower but demands more attention. People cross to reach the MARTA station, Oglethorpe University, Town Brookhaven and the shops near Dresden Drive, while drivers turn into side streets and parking lots. A driver hunting for a gap in traffic can miss someone already in the crosswalk.
Where an injured person goes for care depends on age and injuries. Adults with the most serious injuries often go to Grady Memorial Hospital, which is a Level I trauma center. Injured kids can be taken to a Children's Healthcare of Atlanta hospital; the system's Arthur M. Blank campus, near North Druid Hills Road and I-85, is a Level I pediatric trauma center.
Crosswalk or not: what Georgia law says
The rules that decide most Brookhaven pedestrian cases are short:
- In a crosswalk, the driver must stop and stay stopped if you're on the half of the road the driver is traveling on, or approaching it and within one lane (O.C.G.A. § 40-6-91).
- Outside a crosswalk, the pedestrian must yield to vehicles (O.C.G.A. § 40-6-92).
- Drivers always owe due care. Wherever you crossed, a driver has to try to avoid hitting you, and must take special care around children and people who appear confused or impaired (O.C.G.A. § 40-6-93).
That third rule matters on Buford Highway. Crossing mid-block may put some fault on you, but a speeding or distracted driver doesn't get a free pass because of it. Under O.C.G.A. § 51-12-33, a pedestrian found 50% or more at fault recovers nothing; below that line, the award shrinks by the pedestrian's percentage. The driver's speed, headlights, phone use and line of sight can move those percentages a long way.
Was an adjuster quick to say it was your fault? Call (240) 421-5511 before you agree to a recorded statement, and let Gary look at the evidence first.
Hit by a public vehicle, or on a state highway
Some Brookhaven pedestrian crashes involve a government agency, and those claims run on shorter clocks:
- A MARTA bus. MARTA is a public transit authority, so special notice rules and shorter deadlines can apply. Our MARTA and bus accident page has more.
- A City of Brookhaven vehicle. Written notice is due within six months (O.C.G.A. § 36-33-5).
- A DeKalb County vehicle. Written notice is due within 12 months (O.C.G.A. § 36-11-1).
- The road itself. Buford Highway is a state route (US-23/SR-13). If the way it was built or maintained played a part, a claim against the State of Georgia requires written notice within 12 months (O.C.G.A. § 50-21-26), and the Georgia Tort Claims Act caps damages at $1 million per person. Immunity rules and exceptions limit these claims, so they need early review.
When the driver didn't stop
Georgia law requires a driver who hits someone to stop, exchange information and render aid (O.C.G.A. § 40-6-270). When the driver flees, your own uninsured motorist coverage may step in, but Georgia sets conditions on these “John Doe” claims, including prompt reporting to police and corroboration of what happened.
So report it to Brookhaven Police right away, even from a hospital bed. Jot down every detail you recall about the car: its color, any damage, even part of the tag. Ask family to check nearby businesses for video before it's recorded over, and set aside the clothes you had on, unwashed, in a bag; they may carry traces of the car.
Your car insurance can protect you on foot
Many people don't realize their auto policy can follow them when they walk. Georgia's UM law covers the policyholder and relatives in the same household, not only while they're driving (O.C.G.A. § 33-7-11). If the driver who hit you carried only the $25,000 minimum, or nothing, your UM may cover the difference. No car of your own? A policy held by a spouse or relative you live with may apply. Our article on added-on vs. reduced-by UM explains the two kinds.
If your household has more than one policy, gather them all and call (240) 421-5511. Gary will check each one for coverage that applies to you.
What Gary does first
- Goes back to the spot at the hour you were hit to record the lighting, the signals and how far you were from a crosswalk or bus stop
- Requests the police report, 911 audio and any body-camera video
- Asks businesses and apartment complexes to preserve camera footage
- Lists every source of coverage, from the driver and the car's owner to an employer and your household's UM
- Keeps a running record of your medical bills and checks for any hospital lien against a future settlement (O.C.G.A. § 44-14-470)
Gary takes pedestrian cases on contingency: no attorney's fee unless we recover compensation for you.
Gary speaks Spanish
Many families along Buford Highway speak Spanish first. Gary Huggins speaks Spanish, so you can tell him what happened in your own words and go over the insurer's paperwork with him in Spanish. Lea más sobre accidentes peatonales en español.
Reaching Gary by MARTA, or having him come to you
No car? From the Brookhaven/Oglethorpe station, ride the Gold Line two stops south to Lindbergh Center and switch to a northbound Red Line train. Get off at Dunwoody, the stop near our office. If you're still recovering, Gary can come to your home or hospital room instead, or meet by phone or video.
Talk to a Brookhaven pedestrian accident lawyer today
Gary works from 1050 Crown Pointe Parkway, Suite 500, Atlanta, GA 30338, in Perimeter Center. Call (240) 421-5511 to set up a free consultation; you can speak with him in Spanish or English. When a pedestrian crash takes a life, the family's rights are covered on our Brookhaven wrongful death page. You can also read about pedestrian accident claims in Atlanta and injury cases across Brookhaven.
Free consultation. Gary meets Brookhaven clients at our Perimeter Center office, by video, or at home or in the hospital. (240) 421-5511
Other Brookhaven cases
Pedestrian accident attorney in nearby communities
Questions people ask about brookhaven pedestrian accident
Does it matter that there was no crosswalk near the bus stop?
It can, but it doesn't end your claim. Georgia expects someone crossing between crosswalks to give way to cars (O.C.G.A. § 40-6-92), yet drivers still have to use due care to avoid hitting anyone in the road. A jury looks at the whole picture: how far away the nearest crosswalk was, the lighting, the driver's speed and attention. If your share of the fault stays under 50%, you can still recover, reduced by that share.
My child was hit near our apartment in Brookhaven. What should we do?
Get your child medical care first; the Arthur M. Blank Hospital, run by Children's Healthcare of Atlanta, is close by. Report the crash to police and get the report number. Georgia requires drivers to take proper precautions when they see a child near the road (O.C.G.A. § 40-6-93). For your child's own claim, Georgia generally holds off the deadline until age 18 (O.C.G.A. § 9-3-90), but your claim as a parent for medical bills follows different rules, so call early.
Can I make a claim if I was hit in a parking lot on Buford Highway?
Yes. A driver's liability insurance applies in a parking lot just as it does on the road, and drivers in lots still owe people on foot reasonable care. If poor lighting or another hazard in the lot contributed, the property owner may share responsibility under Georgia's premises liability law, which requires owners to use ordinary care to keep their property safe for customers (O.C.G.A. § 51-3-1). Photograph the lot, the lighting and any cameras.
How long do I have to file a pedestrian accident claim in Brookhaven?
The basic deadline is two years from the day you were hit (O.C.G.A. § 9-3-33). A City of Brookhaven claim needs written notice within six months, while DeKalb County and state claims need it within 12; MARTA can carry special rules and shorter deadlines. If prosecutors charge the driver, say with hit-and-run or DUI, O.C.G.A. § 9-3-99 may extend the deadline while that case is pending, but it depends on the facts and shouldn't be counted on.
I don't have car insurance. Can anyone's policy cover me?
Possibly. The at-fault driver's liability insurance is the first source. If that driver had little or no insurance, uninsured motorist coverage on a policy owned by a spouse or relative you live with may protect you as well, depending on its terms. Optional medical payments coverage on a household policy may also help with bills regardless of fault. Gary can review every policy in your home to see what applies.