Hurt on Foot? Get Clear Answers From a Gwinnett County Pedestrian Accident Team

If a driver hit you while you were walking in Gwinnett County, Georgia law may allow you to seek compensation for your injuries. This page explains how pedestrian accident claims work, which rules shape them, and what to expect next. Slam Dunk Attorney is based in Duluth, Georgia, and its pedestrian accident lawyers Gwinnett County residents can reach handle these claims across metro Atlanta and Georgia.

What a Pedestrian Accident Claim Covers and Who It Is For

A pedestrian accident claim is a request for compensation after a person on foot is hurt or killed by a vehicle or a negligent driver. The injured walker is the first person this kind of claim serves.

When a pedestrian dies, family members may bring a wrongful death claim instead. Georgia law sets out who may bring that claim in O.C.G.A. § 51-4-2.

A lawyer’s job in this kind of claim is to review the crash, find out who may be responsible, and deal with insurance companies. If a fair settlement is not reached, the claim may move to a lawsuit.

Responsibility does not always rest with one driver. Depending on the facts, a claim may involve a commercial truck or bus company, a rideshare company, or a property owner. Georgia limits when a rideshare service is liable for a driver’s operation, so these cases need close review under Georgia’s rideshare liability law.

Pedestrian Crashes in Gwinnett County We Handle

Our firm handles pedestrian crashes that happen in many settings across Gwinnett County. Common examples include:

• Crosswalk and intersection crashes, including a driver turning into a walker’s path
• Crashes on roads without sidewalks or in the middle of a block
• Parking lot and shopping center crashes, including vehicles backing up
• Hit-and-run crashes where the driver leaves the scene
• Crashes involving trucks, buses, or rideshare vehicles
• Fatal pedestrian crashes that lead to wrongful death claims

Hit-and-run cases raise a separate insurance question. Under O.C.G.A. § 33-7-11, Georgia auto policies must include an endorsement that pays insured people for bodily injury caused by an uninsured driver. Under the same statute, O.C.G.A. § 33-7-11(f), filing an action against an unknown driver as “John Doe” does not bar the injured person from later bringing an action against that driver once the driver’s identity becomes known. O.C.G.A. § 33-7-11 reads: “provided that the bringing of an action against the unknown owner or operator as “John Doe” or the conclusion of such an action shall not constitute a bar to the insured, if the identity of the owner or operator who caused the injury or damages complained of becomes known, bringing an action against the owner or operator theretofore proceeded against as “John Doe”; provided, further, that any recovery against such owner or operator shall be paid to the insurance company to the extent that the insurance company paid the named insured in the action brought against the owner or operator as “John Doe,” except that the insurance company shall pay its proportionate part of any reasonable costs and expense incurred in connection therewith, including reasonable attorney’s fees.”

How Georgia Law Affects Your Pedestrian Claim

Georgia’s filing deadline and fault rules decide how long you have to sue and how much you can recover. Here are the rules that matter most for a walker.

The filing deadline. Most injury lawsuits must be brought within two years after the right of action accrues, under Georgia’s injury filing deadline. Early steps, such as keeping records and preserving evidence, matter because the clock keeps running.

Shared fault. Under O.C.G.A. § 51-12-33, a judge reduces an award in proportion to the injured person’s share of fault. A person who is 50 percent or more responsible may not receive any damages. Insurers often argue that a walker was partly at fault, so this rule matters early.

Right of way. A driver must stop and stay stopped for a pedestrian crossing within a crosswalk when the walker is on the driver’s half of the road, or is approaching and within one lane of the half of the road the driver is traveling on or turning onto, except under the conditions stated in subsection (b) of Code Section 40-6-92 (O.C.G.A. § 40-6-91).

Crossing outside a crosswalk. A pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection must yield to vehicles on the roadway, unless already in the road under safe conditions (O.C.G.A. § 40-6-92). Between signal-controlled intersections, walkers must use a marked crosswalk.

Driver care. Every driver must exercise due care to avoid hitting a pedestrian (O.C.G.A. § 40-6-93). The Governor’s Office of Highway Safety explains these crosswalk and signal duties in plain terms.

What Happens After You Contact Our Firm

The process starts with a free, confidential consultation, then moves through evidence gathering, insurance talks, and either negotiation or a lawsuit.

1. Initial consultation. You talk with our team about the crash, your injuries, and your questions. The consultation is free, confidential, and carries no obligation to continue. Clients may still be responsible for court costs and case expenses, and we explain how those work at this meeting.
2. Information gathering. We review the police report, medical records, witness names, and any camera or phone evidence.
3. Insurance and demand. Once your injuries are documented well enough to evaluate, we present your claim to the insurer in writing.
4. Negotiation or suit. We negotiate with insurers. If a fair resolution is not reached, we may file a lawsuit. Timing follows your recovery and the insurer’s response.

How Insurers Respond and What Compensation Can Include

Insurers often ask for recorded statements and make early offers, so it helps to know these moves before you respond. Common tactics include:

• Asking for a recorded statement soon after the crash
• Making a quick, low offer before your medical care is complete
• Arguing that the walker was outside a crosswalk or distracted

Before you give a recorded statement or sign a release, read what the document gives up. Insurance companies may ask you to sign documents, so it can help to review them with a lawyer before you sign anything.

Georgia law says damages compensate for injury, and where an injury can be estimated in money, that compensation is generally the measure; if an injury is small or the mitigating circumstances are strong, nominal damages only are given (O.C.G.A. § 51-12-4). General damages are harms the law presumes flow from a wrongful act, and they may be recovered without proof of an exact amount. Special damages, such as medical bills and lost wages, must be proved (O.C.G.A. § 51-12-2).

In a wrongful death case, the surviving spouse or, if there is no surviving spouse, a child or children may recover for the homicide of the spouse or parent the full value of the decedent’s life, as shown by the evidence (O.C.G.A. § 51-4-2). The personal representative may also recover funeral, medical, and other necessary expenses when death results from a crime or from criminal or other negligence (O.C.G.A. § 51-4-5). The value of any claim turns on the crash, the injuries, and the proof.

Why Injured Pedestrians Work With Slam Dunk Attorney

Slam Dunk Attorney is based in Duluth, Georgia, and represents people hurt in pedestrian, car, truck, motorcycle, rideshare, and other accidents across metro Atlanta and Georgia.

• Peter F. Jaraysi is the responsible lawyer for this page. Our lawyers, including Brian D. Wright, work with our team on each matter.
• We explain Georgia’s rules in plain words, from crosswalk duties to fault rules, so you understand your options before you decide anything.
• We represent people in Gwinnett County and nearby communities, including Duluth, Lawrenceville, Norcross, and Snellville.
• The consultation is a conversation. You leave with a clear explanation of your options and answers to your questions.

Common Questions About Pedestrian Accident Claims in Gwinnett County

Here are short answers to common questions about pedestrian claims.