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Hit by a Car While Walking? What to Do After a Pedestrian Accident in Georgia
Last updated: November 2026 · By the Jarrett & Price Legal Team
After a pedestrian accident in Georgia, call 911, get medical care right away, and take photos if you can. Get the driver’s information and the names of any witnesses. Don’t give a recorded statement to the driver’s insurance company before you talk with a lawyer. In most cases, Georgia law gives you two years to file a lawsuit.
Key Takeaways
- Clocks fall back in early November. Darker evenings make it harder for drivers to see people on foot.
- Georgia law requires drivers to stop and stay stopped for pedestrians in a crosswalk (O.C.G.A. § 40-6-91).
- You may still have a claim even if you were partly at fault, as long as you were less than 50% responsible (O.C.G.A. § 51-12-33).
- Most Georgia injury lawsuits must be filed within two years (O.C.G.A. § 9-3-33). Claims involving a city, county, or the state can have much shorter notice deadlines.
Why are pedestrians at greater risk as the days get shorter?
When clocks fall back in November, many Georgians’ evening commutes move into dusk or darkness. People walking to the bus stop, walking the dog, or crossing a parking lot become much harder for drivers to see.
Pedestrian deaths are a serious problem in Georgia. According to the Governor’s Office of Highway Safety, 284 pedestrians died on Georgia roads in 2024 (preliminary data), compared with 310 in 2023. Each of those numbers is a person and a family.
The lesson is simple: drivers need to slow down and look twice, and people on foot need to be seen.
What should I do right after a pedestrian accident in Georgia?
If you are able, take these steps. If you can’t, ask someone you trust to help.
- Call 911. Ask for police and medical help. A police report creates an official record of what happened.
- Get medical care right away. Some injuries, like head injuries or internal bleeding, may not show symptoms at first. Adrenaline can hide pain.
- Take photos. Photograph the scene, the car, the license plate, the crosswalk (or the lack of one), street lights, and your injuries.
- Get names and numbers. Collect the driver’s name, insurance information, and plate number, plus contact information for any witnesses.
- Keep your things. Don’t wash or throw away the clothes and shoes you were wearing. They can help show how visible you were.
- Look for cameras. Note any nearby businesses, homes, or traffic cameras. Video is often recorded over quickly.
- Don’t give a recorded statement. The driver’s insurance company may call quickly. Talk with a lawyer before you say anything on the record or sign anything.
- Follow your doctor’s treatment plan. Keep your appointments and keep copies of your records and bills.
Who has the right of way: drivers or pedestrians?
It depends on where you were crossing. Here are the key Georgia rules:
| Situation | What Georgia law says | Code section |
|---|---|---|
| Pedestrian in a crosswalk | The driver must stop and remain stopped to let the pedestrian cross 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 |
| Crossing outside a crosswalk | The pedestrian must yield the right of way to vehicles on the road. | O.C.G.A. § 40-6-92 |
| Between two nearby intersections with working traffic signals | Pedestrians may cross only in a marked crosswalk. | O.C.G.A. § 40-6-92 |
Even when a pedestrian should have yielded, fault is often shared. That’s why the next question matters.
Can I recover if I was partly at fault?
Often, yes. Under Georgia’s fault rule (O.C.G.A. § 51-12-33):
- If you are found less than 50% at fault, you can still recover damages.
- Your recovery is reduced by your share of fault. For example, if you are found 20% at fault, your damages are reduced by 20%.
- If you are found 50% or more at fault, you cannot recover damages.
Insurance companies know this rule well. They may argue you were wearing dark clothes, looking at your phone, or crossing in the wrong place. That’s why evidence such as photos, lighting conditions, video, and witness statements is so important.
How long do I have to file a pedestrian accident claim in Georgia?
Georgia law says lawsuits for injuries to the person must generally be brought within two years (O.C.G.A. § 9-3-33). That may sound like plenty of time, but evidence fades fast, and video footage can be erased within days or weeks.
If a city, county, or state vehicle was involved, or a road condition played a part, much shorter notice deadlines may apply. The safest step is to talk with a lawyer as soon as you can.
Whose insurance pays when a car hits a pedestrian?
The at-fault driver’s liability insurance is usually the first place to look. But some drivers carry low limits or no insurance at all. Your own auto policy may also include uninsured/underinsured motorist coverage, so it’s worth pulling out your policy and bringing it to your first meeting with a lawyer. Your health insurance may help with medical bills along the way.
What can a pedestrian injury claim include?
Every case is different, but a claim may seek compensation for:
- Medical bills, now and in the future
- Lost wages and lost ability to earn
- Pain and suffering
- Physical therapy and rehabilitation
- In the most tragic cases, wrongful death damages for the family
What we see in our practice
People who were hit while walking often blame themselves at first. They say things like “I should have worn something brighter” to an insurance adjuster on the first call, and those words can later be used to shift fault. It’s natural to replay the moment. But let the facts, the evidence, and the law decide who was responsible.
How to stay safe on darker Georgia roads this season
If you’re walking: wear bright or reflective clothing, carry a light, use crosswalks when you can, and make eye contact with drivers before you step out.
If you’re driving: turn your headlights on early, slow down at dusk, put the phone away, and watch for people near bus stops, parking lots, and neighborhoods.
Frequently Asked Questions
Do drivers have to stop for pedestrians in a crosswalk in Georgia?
Yes. Under O.C.G.A. § 40-6-91, a driver must stop and remain stopped to let a pedestrian cross within a crosswalk when the pedestrian is on the driver’s half of the road or within one lane of it.
Can I still recover if I was hit outside a crosswalk?
Possibly. If you are found less than 50% at fault, you may still recover, but your damages are reduced by your percentage of fault. At 50% or more, you cannot recover.
How long do I have to file a pedestrian accident claim in Georgia?
Most personal injury lawsuits in Georgia must be filed within two years. Claims involving a city, county, or the state can have much shorter notice deadlines, so it’s important to act quickly.
What if the driver drove away?
Call 911 and report it right away. Write down anything you remember about the car and driver, look for witnesses and cameras nearby, and talk with a lawyer before speaking with any insurance company.
Talk With a Georgia Pedestrian Accident Lawyer
Jarrett & Price is a personal injury law firm serving injured people across Georgia. If you or someone you love was hit by a car while walking, our team can help you understand your options, deal with the insurance companies, and protect your claim while you focus on healing.
Call 855-909-3021 or request your free case evaluation at jarrettfirm.com.
People. Solutions. Protecting What Matters.
This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship.
