On Buford Highway in Chamblee, the market, the bus stop and the apartment complex are often on opposite sides of a wide road, with a long walk to the nearest signal. Around the Chamblee MARTA station, people on foot share the streets with drivers hurrying to park.
When a driver hits someone walking, the insurer's first question is usually where you were crossing. A Chamblee pedestrian accident lawyer helps you answer it with evidence instead of guesses. Gary Huggins of Huggins Accident Injury Lawyer represents people hit while walking in Chamblee, and he speaks Spanish. Our Atlanta pedestrian accident attorney page covers Georgia pedestrian law in more depth.
Still waiting on the police report number? You don't need it to call (240) 421-5511.
Where were you hit? How Georgia law sees each spot
In a crosswalk or on a walk signal
A driver must stop and stay stopped for a pedestrian in a crosswalk on the driver's half of the road, or approaching closely from the other half (O.C.G.A. § 40-6-91). A driver turning at a signal, onto Peachtree Industrial Boulevard or Chamblee-Tucker Road, for example, has to watch for people already in the crosswalk. If you were in a marked crosswalk, the driver's duty to stop is clear, and the insurer has much less room to argue.
Between signals on Buford Highway
Blocks are long, and many people cross mid-block to reach a bus stop or a store. Away from a crosswalk, the law flips: the walker has to yield to vehicles (O.C.G.A. § 40-6-92). That rule shifts some responsibility to the person on foot. It doesn't give a driver permission to hit anyone.
Georgia divides fault by percentage. You recover nothing at 50% or more, and anything less reduces your award by your share (O.C.G.A. § 51-12-33). The driver's speed, headlights, phone use and line of sight all go into that split. Our article on Buford Highway pedestrian safety covers the corridor's history.
Near the MARTA station and bus stops
Chamblee station is on MARTA's Gold Line, and MARTA buses stop along Buford Highway. If a private driver hit you on your way to or from a stop, the claim works like any other pedestrian claim. If a MARTA bus or other MARTA vehicle was involved, special notice rules and shorter deadlines can apply, so call right away. Our bus and MARTA accident page explains more.
In a parking lot or driveway
Shopping-center lots along Buford Highway and Peachtree Industrial are busy with drivers backing out and cutting across rows. Private property doesn't suspend anyone's duty to watch for people walking. Report the crash to police anyway, so there is a record.
Wherever it happened, call (240) 421-5511 and describe the spot. Gary will tell you what evidence might still be there.
If the driver didn't stop
Georgia law requires any driver involved in an injury crash to stop, exchange information and render reasonable aid (O.C.G.A. § 40-6-270). Driving off is a crime.
Your own uninsured motorist (UM) coverage may still pay after a hit-and-run, but Georgia's UM law has reporting and corroboration requirements, so report the crash to police right away. Then:
- Write down any part of the tag, the color, the make and any damage you noticed.
- Get the names and numbers of anyone who saw it.
- Put the clothes and shoes you were wearing in a paper bag and set them aside. Paint transfer or glass on them may point investigators to the car that fled.
A criminal prosecution of the driver may pause the deadline to sue while it is pending (O.C.G.A. § 9-3-99). Whether it applies is decided crash by crash, so don't plan around it.
Your own insurance can protect you on foot
Start with the driver's liability insurance; Georgia is an at-fault state, so that policy owes for your injuries first. The required minimum is just $25,000 for one person's injuries, and a pedestrian's hospital stay can run far past it.
Georgia's UM statute defines who is covered broadly: the named insured, plus a spouse and relatives who live in the same household, “while in a motor vehicle or otherwise” (O.C.G.A. § 33-7-11). Those last words are why your UM can follow you onto the sidewalk. No car of your own? A relative's policy in your household may still cover you. With added-on UM, your coverage comes on top of the driver's; with reduced-by UM, the driver's coverage is subtracted from yours.
If you were hit on or after April 21, 2025, Georgia's SB 68 also lets the defense show the jury what your health plan actually paid and dig into any treatment given under a letter of protection (O.C.G.A. § 51-12-1.1). Keep every bill and receipt in one place.
Take a picture of the declarations page for every auto policy in your home and call (240) 421-5511. Gary will look for coverage you may not know you have.
Hospitals, the report and deadlines
An ambulance may carry a badly injured walker downtown to Grady Memorial Hospital, a Level I trauma center. Badly hurt children may go to Arthur M. Blank Hospital, a pediatric Level I trauma center run by Children's Healthcare of Atlanta off North Druid Hills Road near I-85. Chamblee Police write most crash reports inside the city, and many post to BuyCrash.com within a few days.
Deadlines to keep in mind:
- Two years from the crash to sue for your injuries (O.C.G.A. § 9-3-33).
- Six months for written notice if a City of Chamblee vehicle hit you (O.C.G.A. § 36-33-5), and 12 months for a DeKalb County vehicle (O.C.G.A. § 36-11-1).
- 12 months under the Georgia Tort Claims Act (O.C.G.A. § 50-21-26) if a road defect on a state route such as Buford Highway played a part. Immunity rules limit these claims.
Lawsuits over Chamblee crashes often end up in DeKalb County's courts, but the defendant's home county can change that. If a pedestrian crash took the life of someone you love, see our page on Chamblee wrongful death claims.
Gary's first week after a pedestrian crash
- He goes to the spot where you were hit at the same time of day or night, to record the lighting, the signal timing and what a driver could see.
- He sends preservation letters to stores, gas stations and apartment complexes facing the road, before their cameras record over the footage.
- He requests the police report, 911 audio and any police video.
- He finds every policy that may apply: the driver's, the vehicle owner's, an employer's and your household's.
- He tracks your treatment, bills and any hospital liens.
You can hire Gary on a contingency fee: there is no attorney's fee unless we recover compensation for you.
Gary habla español
Many people who walk Buford Highway every day speak Spanish at home. Gary does too, so you can tell him what happened in your own words. Read more on our Chamblee page in Spanish or about accidentes peatonales.
Talk to a Chamblee pedestrian accident lawyer today
If you were hurt while walking, you may not have a car, or you may not be able to drive for months. You don't need to come to us. Gary meets clients at home, at the hospital or by video, and his office is at 1050 Crown Pointe Parkway, Suite 500, Atlanta, GA 30338 in Perimeter Center for anyone who prefers to visit. Our Chamblee injury lawyer page has more about the city.
Call (240) 421-5511 day or night, in English or Spanish, and tell Gary where you were hit.
Free consultation. Gary meets Chamblee clients at our Perimeter Center office, by video, or at home or in the hospital. (240) 421-5511
Other Chamblee cases
Pedestrian accident attorney in nearby communities
Questions people ask about Chamblee pedestrian accident claims
I was hit crossing Buford Highway away from a crosswalk. Do I still have a case?
You may. Crossing outside a crosswalk means yielding to traffic under O.C.G.A. § 40-6-92, so a jury may put some of the fault on you. But Georgia bars recovery only at 50% or more (O.C.G.A. § 51-12-33); under that line, your share is subtracted from the award. The driver's speed, attention and headlights still count. Business video and a look at the lighting at that hour can change how a jury splits the blame.
Will my auto policy cover me if I was hit while walking in Chamblee?
Very possibly. Georgia ties uninsured motorist coverage to people, not just cars: the statute covers the policyholder, a spouse and relatives in the same household “while in a motor vehicle or otherwise” (O.C.G.A. § 33-7-11). So if the driver had no insurance or not enough, your own UM, or a household relative's, may pay. Some med-pay coverage also applies to a household member hit on foot, depending on the policy's wording.
What if I don't have a car or health insurance?
You can still bring a claim. In Georgia, the driver who hit you answers for your injuries through his or her liability insurer; your lack of insurance doesn't change that. A relative's auto policy in your household may add UM coverage. Some medical providers will wait to be paid until the case settles, under what's called a letter of protection; if you were hurt on or after April 21, 2025, the defense can examine that arrangement. Hospitals may also place liens on a settlement.
A MARTA bus hit me near Chamblee station. What deadline applies?
Act quickly. MARTA is a public transit authority, and claims against it can involve special notice rules, shorter deadlines and immunity questions that don't apply to an ordinary driver. Don't let the two-year lawsuit deadline set your pace. Write down the bus number, the route and the time, keep any fare record, and call so the right notice goes out on time.
My child was hit walking to school or a bus stop. How long do we have?
Georgia generally holds off the two-year clock on a child's own injury claim until the child's 18th birthday (O.C.G.A. § 9-3-90). Parents have a separate claim for the child's medical bills, and it runs on different rules. Meanwhile, video gets erased and witnesses forget. Call early so both the child's claim and the parents' claim are protected.