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Hit while walking in Doraville?

Doraville pedestrian accident lawyer

Plenty of Doraville trips begin or end on foot, at the MARTA station or a Buford Highway bus stop. If a driver hit you along the way, Gary Huggins can explain your rights in English or Spanish.

(240) 421-5511
Gary D. HugginsGary D. Huggins, attorneyHandles every case personally · Practicing law since 2005
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In Doraville, plenty of trips start or end on foot: a walk to the MARTA station at the end of the Gold Line, a wait at a bus stop on Buford Highway, a shift at a restaurant down the block. Every one of those trips means crossing traffic.

If a driver hit you, Gary Huggins is a Doraville pedestrian accident lawyer who can help, and he speaks Spanish. Call (240) 421-5511 at any hour. If you're still in the hospital, a family member can call for you.

How Doraville pedestrian crashes happen

Around the Doraville MARTA station

As the end of the line, the station draws riders, buses and drivers dropping people off onto the same few streets. People rush to catch a train, and drivers rush to find a curb. A turning driver who is watching for a gap in traffic can miss the person stepping off the curb.

Crossing Buford Highway

Buford Highway runs several lanes wide through Doraville, and signals can be far apart. People cross where they need to, and drivers who aren't expecting them may not slow down. Our article on Buford Highway pedestrian safety looks at the corridor in more depth.

In plaza parking lots

The shopping plazas along Buford Highway pack drivers and walkers into tight lots. A driver backing out of a space, or cutting across the lot toward the exit, may never see the person walking behind the car. If a dark or badly designed lot played a part, the property owner may share responsibility.

Call (240) 421-5511 soon, wherever it happened. Store cameras along Buford Highway may keep footage for only a short time.

What Georgia law says about people on foot

  • In a crosswalk, drivers must stop. Once you're in a crosswalk on the driver's side of the road, or close enough to be in the driver's path, the driver has to stop and wait (O.C.G.A. § 40-6-91).
  • Away from a crosswalk, you're expected to yield. Someone crossing anywhere else must let vehicles go first (O.C.G.A. § 40-6-92).
  • Drivers still have to watch out. Georgia law also requires drivers to take care not to hit anyone in the roadway (O.C.G.A. § 40-6-93). A driver who was speeding, texting or looking the other way can carry most of the blame.
  • Fault gets divided. Below 50%, your recovery is reduced by your share of the fault. At 50% or more, it's barred (O.C.G.A. § 51-12-33).
  • Two years to file. The lawsuit deadline is generally two years from the day you were hit (O.C.G.A. § 9-3-33). If prosecutors charge the driver, say for leaving the scene, O.C.G.A. § 9-3-99 may buy extra time, but it depends heavily on the facts, so don't build your plans on it.
  • Where a case goes. If a lawsuit is needed, the usual destination is the State Court of DeKalb County in Decatur, but a driver who lives in another county may be sued there instead.

Crossing outside a crosswalk does not, by itself, defeat a pedestrian's claim in Georgia. Insurers also point to dark clothing or a late hour. Neither is illegal, and a driver's duty to watch the road doesn't end at sunset.

Has the driver's insurer already said you shouldn't have been crossing there? Call (240) 421-5511 before you respond, and Gary will tell you what the evidence shows.

Hit by a bus or a public vehicle

Some Doraville pedestrian crashes involve a public agency. Governments are immune from suit unless Georgia law makes an exception, and the exceptions come with early notice deadlines:

  • MARTA: a claim against the transit authority can involve shorter deadlines and special notice rules, so don't wait.
  • City of Doraville: written notice has to reach the city within six months (O.C.G.A. § 36-33-5).
  • DeKalb County: notice is due within 12 months (O.C.G.A. § 36-11-1).
  • The State: for a dangerous condition on a state-maintained road, the Georgia Tort Claims Act requires notice within 12 months (O.C.G.A. § 50-21-26).

Our page on bus and MARTA accidents explains these claims in more detail.

No car? Household insurance may still cover you

You don't have to own a car to have car insurance protection. Under Georgia's uninsured/underinsured motorist (UM) statute (O.C.G.A. § 33-7-11), coverage reaches the policyholder and relatives in the same household, on foot as well as in a vehicle.

Georgia is an at-fault state, so the driver's liability insurer pays first, but the law only requires $25,000 per injured person, which can fall far short of the cost of a serious pedestrian injury. If the driver who hit you had little or no insurance, a policy belonging to you, your spouse or a relative you live with may help.

While the claim is pending, these can pay medical bills:

  • Health insurance, Medicaid or Medicare
  • Med-pay on a household auto policy, which may pay regardless of fault
  • The at-fault driver's insurer, usually in one payment at the end

Hospitals can place a lien on an injury settlement (O.C.G.A. § 44-14-470), and Gary keeps track of each one. SB 68 also changed how medical bills are proven for crashes on or after April 21, 2025: a jury may now compare the hospital's bill with what your insurance actually paid (O.C.G.A. § 51-12-1.1).

If the driver fled, report it to police right away. Georgia law requires drivers to stop and help (O.C.G.A. § 40-6-270), and UM can cover a hit-and-run, but only if reporting and corroboration requirements are met.

If you're helping someone who was hit

A person hit on foot may not be able to do much for days. If that's your family member, these steps help:

  • Get the report number from the officer, or call the police department that responded.
  • Write down the businesses near the spot, since many have cameras.
  • Keep the clothes and shoes your relative was wearing, unwashed.
  • Put every bill, discharge paper and insurance letter in one folder.

What Gary does first

  • Visits the spot at the hour you were hit, to see the lighting, the signals and what a driver could have seen.
  • Asks for video, from businesses, buses and police body cameras, along with 911 audio.
  • Gets the crash report from Doraville Police, the Georgia State Patrol or DeKalb County Police.
  • Finds every policy, including the driver's, the vehicle owner's, an employer's and your household's UM and med-pay.
  • Tracks your care, wherever it happens. Adults with the most serious injuries may be taken to Grady Memorial Hospital, a Level I trauma center downtown; an injured child may go to the Arthur M. Blank Hospital of Children's Healthcare of Atlanta, near I-85 and North Druid Hills Road, which treats pediatric trauma.

If someone you love didn't survive, our page on Doraville wrongful death claims explains what the family can do.

Talk to a Doraville pedestrian accident lawyer today

Getting to a law office is hard when you've been hit on foot, and harder without a car. So Gary comes to you, at home or in the hospital, and he can explain everything in Spanish. When it's easier, you can meet him at the office in Perimeter Center, near I-285 and GA-400.

For more, read our Atlanta pedestrian accident attorney page or our Doraville personal injury page. Spanish speakers can start with our información para peatones lesionados.

Day or night, (240) 421-5511 is the number for a free consultation. If Gary takes your case, there's no attorney's fee unless we recover compensation for you.

Injured in Doraville? Call us now

Free consultation. Gary meets Doraville clients at our Perimeter Center office, by video, or at home or in the hospital. (240) 421-5511

(240) 421-5511

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Questions people ask about Doraville pedestrian accident claims

I was hit walking to the Doraville MARTA station. Who pays?

Usually the driver who hit you, through his or her liability insurance. If that coverage is too small or the driver had none, uninsured motorist coverage on your own policy or a household member’s may help. A MARTA bus or other public vehicle changes the timeline, because special notice rules and shorter deadlines can apply. Health insurance and med-pay can cover bills while the claim is pending.

Does crossing Buford Highway mid-block mean I can’t recover?

No, not by itself. Georgia expects a person crossing outside a crosswalk to yield (O.C.G.A. § 40-6-92), so a jury may put part of the blame on you. But a driver who was speeding, distracted or not watching still bears responsibility, and under Georgia’s 50% rule you can recover as long as your share stays under half. Video, the point of impact and the driver’s phone records often decide how fault is split.

My child was hit by a car in Doraville. How long do we have?

Your child’s own claim is protected for longer: the two-year clock generally doesn’t begin until the child’s 18th birthday (O.C.G.A. § 9-3-90). But a parent’s claim for the medical bills runs on its own schedule, and if a city or county vehicle was involved, notice deadlines of six or 12 months may apply. Video and witnesses also fade quickly, so the safest course is to call early.

The driver got a ticket. Does that prove my case?

It helps, but it doesn’t decide your claim. The ticket goes to a municipal or county traffic court, separate from your injury case. Courts generally won’t let the jury hear the officer’s view of who was at fault, but the facts in the report, such as witness names, measurements and what the driver said, are valuable. Fault in your claim is decided under Georgia’s 50% rule, based on all the evidence.

Hurt in Doraville? Talk to a lawyer today.

Free consultation. Phones answered 24/7. Meet at our Perimeter Center office, by video, or at your home or hospital.

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