Hurt on Foot? Talk With a Pedestrian Accident Lawyer Today

If a vehicle struck you while you were walking, you may have a claim for your injuries. Georgia’s general deadline for injury lawsuits is two years, and fault rules decide how much a claim can recover (O.C.G.A. § 9-3-33; Kenneth B. Cameron v. Jmp Pizza, Inc (2026)). This guide explains what a pedestrian accident lawyer reviews in these cases. Slam Dunk Attorney is based in Duluth, Georgia, and represents injured people across metro Atlanta and Georgia, including Marietta and Kennesaw.

Who a Pedestrian Accident Claim Is For

A pedestrian accident claim is for anyone hurt by a vehicle while walking, crossing, or standing near a roadway. Families of people killed in these crashes may also have a claim.

Injuries in these cases can include:

• Broken bones and other serious fractures
• Traumatic brain injury
• Spinal cord injury and paralysis
• Amputation
• Severe burns from a vehicle impact

A claim may seek money for medical bills and lost income. Georgia law treats these as economic losses, and a jury may reduce future losses to present value (O.C.G.A. § 51-12-13). Georgia also treats damages as compensation for injury that can be estimated in money (O.C.G.A. § 51-12-4).

In a wrongful death case, a surviving spouse may recover the full value of the decedent’s life, as shown by the evidence, and if there is no surviving spouse, a child or children may recover it (O.C.G.A. § 51-4-2). When a death results from negligence, the personal representative may also recover funeral and medical expenses (O.C.G.A. § 51-4-5).

What Causes Pedestrian Crashes and Who Can Be Responsible

Most pedestrian claims turn on who had the right of way and who failed to use due care. Common causes include drivers who miss a person in a crosswalk, speeding, distracted or impaired driving, and vehicles backing through parking lots.

Georgia sets clear duties for drivers. A driver must stop and stay stopped for a pedestrian in a crosswalk when the pedestrian is on the driver’s half of the road or within one lane of it (O.C.G.A. § 40-6-91). Every driver must also exercise due care to avoid hitting any pedestrian on the road (O.C.G.A. § 40-6-93).

Pedestrians have duties too. Someone who crosses the roadway at a point other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles on the road, unless they have already entered the roadway under safe conditions (O.C.G.A. § 40-6-92). The Governor’s Office of Highway Safety explains Georgia pedestrian crossing duties.

Fault is shared under Georgia’s modified comparative fault rule. The judge reduces damages in proportion to the injured person’s share of fault (O.C.G.A. § 51-12-33). An injured person found 50 percent or more responsible may not receive any damages. Each liable person pays only its own share, not a joint amount.

An employer may be liable for a driver’s negligence when the driver was working within the scope of the job (O.C.G.A. § 51-2-2). In some parking lot crashes, a property owner may share responsibility for unsafe conditions.

Evidence That Helps a Pedestrian Accident Claim

The evidence that matters most is usually the evidence collected soon after the crash. Start by gathering these items:

• The police report. Note the report number and the responding officers’ names. The Cobb County accident reports page explains how to request a crash report.
• Photos. Capture the scene, the vehicle, your injuries, and the crosswalk, signal, or lighting.
• Witness details. Write down names and phone numbers, including people who saw the crossing.
• Medical records. Keep every record from the first emergency visit through ongoing care, plus records of missed work.
• Video. Nearby businesses, traffic cameras, and vehicle systems may record over footage, so ask for it early.
• A written timeline. Record how the crash happened while the details are fresh. Keep receipts for every out-of-pocket cost.

How the Claim Process Works, Step by Step

A pedestrian claim usually moves through a consultation, an investigation, medical documentation, a demand to the insurer, and a lawsuit if needed.

1. Free first consultation. You describe what happened. The firm reviews your injuries and any deadlines. The first consultation is free and confidential, and you have no obligation to continue.
2. Investigation. The firm gathers the crash report, medical records, witness statements, and video. It identifies every party that may be responsible.
3. Medical documentation. Treatment records and bills are organized to show the injury, its cause, and its cost over time.
4. Claim presentation. A written demand goes to the insurer, backed by the evidence.
5. Filing suit when needed. Georgia requires most injury lawsuits to be brought within two years after the right of action accrues (O.C.G.A. § 9-3-33).

Some defendants have shorter clocks. A claim against a city must be presented in writing to the governing authority within six months of the event (O.C.G.A. § 36-33-5). Claims against a county must be presented within 12 months after they accrue or become payable, or they are barred, provided that minors or other persons laboring under disabilities shall be allowed 12 months after the removal of the disability to present their claims (O.C.G.A. § 36-11-1). Wrongful death claims have their own timing rules, so ask early.

How long a claim takes depends on your injuries, the treatment still needed, and how the insurer responds.

Why Work With Slam Dunk Attorney

Slam Dunk Attorney is based in Duluth, Georgia. The firm represents injured people across metro Atlanta and Georgia, including Marietta and Kennesaw.

• Responsible lawyer. Peter F. Jaraysi is the responsible lawyer for this page. Brian D. Wright is also a lawyer at the firm.
• Support staff. Our team includes lawyers and support staff who help with records and case questions.
• Related practice areas. The firm handles pedestrian cases alongside car, truck, motorcycle, rideshare, dog bite, premises liability, slip and fall, negligent security, nursing home abuse, wrongful death, catastrophic injury, and short-term rental injury matters.
• Free first step. The first consultation is free, confidential, and carries no obligation to continue.

Frequently Asked Questions About Pedestrian Accident Claims

What if a city or county road defect contributed to the crash?

Talk to a Pedestrian Accident Lawyer About Your Crash

If a driver hit you in a Marietta crosswalk or a Kennesaw parking lot, and you’re weighing what to do next, you don’t have to sort out the deadlines alone. Contact Slam Dunk Attorney for a free, confidential consultation to review your crash, your injuries, and the time limits that may apply.

Attorney advertising. Responsible lawyer: Peter F. Jaraysi, Slam Dunk Attorney, Duluth, Georgia. Contact the firm through the contact page.