Being hit by a car while walking, running, or cycling can result in life-altering injuries. In Georgia, pedestrian accidents are unfortunately common, with pedestrians and cyclists accounting for 21% of all traffic fatalities.
But this isn’t just a Georgia-based problem. According to the Governors Highway Safety Association (GHSA) preliminary report, 3,304 pedestrians were killed on roads nationwide between January and June 2024. At Rafi Law Firm, we handle pedestrian cases every day, and we know how overwhelming the aftermath can feel.
This guide explains what a pedestrian accident is, its most common causes, and the steps to take after an incident. We’ll also cover fault, recovery timelines, and how our team of experienced pedestrian accident lawyers helps clients get to recovery faster.
What Is a Pedestrian Accident?
A pedestrian accident happens when a person on foot is hit by a vehicle. These incidents can occur in crosswalks, parking lots, sidewalks, or even residential neighborhoods. Unlike drivers or passengers, pedestrians have no physical protection, making them highly vulnerable during a collision.
Because of this vulnerability, injuries from a pedestrian car accident are often severe and can lead to immediate and long-term consequences like broken bones, traumatic brain injuries, and spinal damage. Some victims require extensive medical care or lifelong accommodations after a crash, which is why contacting a pedestrian accident lawyer is in your best interest.
What are the Main Causes of Pedestrian Accidents?
A pedestrian accident can be caused by a variety of factors, most of which stem from driver negligence or road conditions. Each of these conditions significantly increases the likelihood of someone being hit by a car while walking:
- Distracted driving, such as texting or using in-car navigation
- Speeding, especially in neighborhoods or near schools
- Failure to yield at marked or unmarked crosswalks
- Low visibility due to poor lighting or bad weather
- Driving under the influence of drugs or alcohol
- Improper signage or poorly maintained road infrastructure
These factors are especially dangerous in states like Florida, which consistently ranks among the top three states for pedestrian deaths, alongside California and Texas. High population density, urban sprawl, and driver behavior all contribute to these elevated risks.
How to Stay Safe as a Pedestrian
Understanding the most common causes of a pedestrian accident is the first step, but knowing how to avoid them is just as important. While no precaution can completely eliminate risk, taking these steps can reduce the risk of a pedestrian car accident occurring:
- Don’t assume drivers see you: Always approach intersections and crosswalks with caution, as drivers may be distracted or fail to yield.
- Make eye contact with drivers before crossing: If you’re in a parking lot or at a crosswalk, try to confirm that the driver sees you before stepping into their path.
- Watch for vehicles exiting driveways, alleys, or side streets: These areas often have limited visibility for both parties.
- Avoid texting or using headphones while walking: Staying alert helps you react quickly if a car comes too close.
- Use sidewalks whenever available: If no sidewalk is present, walk facing traffic and stay as far from the roadway as possible.
- Wear reflective clothing at night: Visibility is reduced after dark, and reflective gear increases your chances of being seen by drivers.
What Happens if a Car Hits a Pedestrian?
After someone is hit by a car while walking, the first priority is immediate medical attention. Even if the injuries aren’t visible, internal trauma or brain injuries can still occur. If you are physically able, calling 911, documenting the scene, and gathering witness information are all critical steps that support both health and legal outcomes.
If you are not physically able, don’t worry. Our team of pedestrian accident lawyers is here to help. We’ll:
- Speak to witnesses: We can speak to whoever was at the scene, including police, medical, and anyone else who saw the accident happen.
- Obtain dash/body cam footage: We will receive this footage and review the details of the accident.
- Monitor criminal charges: Under GA open record rules, only the initial police report has to be released while criminal charges are pending. So, when we are able to, we will monitor the criminal charges against the defendant and get copies of their criminal file.
A victim may also experience delayed symptoms of pedestrian accident injuries, such as neck or back pain, headaches, or numbness, which is why follow-up medical care is essential to building your case.
Who Is at Fault in a Pedestrian Accident?
One or more of the following parties could be at fault for a pedestrian accident:
A Motorist
Under O.C.G.A. § 40‑6‑93, Georgia law states that “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, shall give warning by sounding his horn when necessary, and shall exercise proper precautions upon observing any child or any obviously confused, incapacitated, or intoxicated person.”
In plain terms, this means that drivers have a legal duty to avoid causing a pedestrian accident, even if the pedestrian is not where they were supposed to be. If a driver could have avoided the collision but failed to do so, they can still be held liable for the pedestrian’s injuries.
A Government Department
The government has a responsibility to maintain the safety of the roadways and infrastructure in place surrounding them. And in states like Georgia, these agencies can be held liable under certain conditions for a pedestrian accident, regardless of sovereign immunity. Things that can contribute to a pedestrian accident are:
- Potholes
- Blind spots
- Unattended road defects that are known to the Government agency
- Worn-out road markings
- Lack of traffic control
- Inadequate signage
- Poor lighting
- Lack of secure construction zones
For pedestrian accident lawyers, proving a Government agency is at fault requires us to prove that the road condition was pre-existing, causation that the road condition caused the injury, and that the Government agency knew about the faulty road condition prior to the accident.
A Vehicle Manufacturer
The National Highway Traffic Safety Administration (NHTSA) is responsible for issuing recalls when vehicles have known defects. However, these recalls often come only after multiple incidents have occurred.
If a pedestrian accident is caused by a defective vehicle, such as one with sudden unintended acceleration or faulty brakes, the injured party may be able to pursue a product liability claim against the car’s manufacturer.
What Are My Rights if I’m Hit by a Driver?
Georgia law protects pedestrians, even in cases where the person on foot may have made a mistake. As outlined above, a pedestrian who was outside a crosswalk or standing in the roadway may still have a case if the driver could avoid the accident and failed to do so.
If the driver is found at fault, they are legally required to cover the injured person’s damages. These may include:
- Past and future medical bills
- Pain and suffering
- Lost wages
- Interference with daily activities or quality of life
- In some cases, punitive damages if the driver acted recklessly or intentionally
When Is a Pedestrian at Fault for a Car Accident?
Although drivers are typically held more responsible, there are cases where a pedestrian may share fault. A pedestrian may be partially responsible if they:
- Cross the street outside of a crosswalk or against the signal
- Enter traffic suddenly without warning
- Are under the influence of drugs or alcohol
- Are distracted by a phone or headphones while walking
In Georgia, liability is governed by modified comparative negligence. This means that if a pedestrian is found to be less than 50% at fault, they can still recover damages. With comparative negligence, their compensation will be reduced by their percentage at fault, meaning that if you are 90% at fault, you still get 10%
For example, let’s say a jury found a pedestrian 20% at fault for their injury because they were jaywalking. If their total damages, such as medical bills, came out to $10,000, they would only be able to recover 20% of that $10,000. So, they’re left with receiving $8,000 in damages.
Can a Pedestrian Sue if They’re Hit by a Car?
When a driver is negligent, whether they were texting, speeding, or not yielding, a pedestrian has the right to pursue legal action. A lawsuit can help cover the cost of medical care, time away from work, and long-term recovery needs.
However, time is of the essence if you are involved in a pedestrian accident. A lawyer will need to preserve all relevant evidence related to the accident to obtain the best possible recovery for their client. Our Dos and Don’ts for Your Personal Injury Case are especially helpful to review in the early stages after your accident.
