Protecting The Rights Of Injured Pedestrians In Georgia

At Cromartie Law, we represent pedestrians and bicyclists who have been hit by cars in northwestern Georgia. We have more than 25 years of experience that we use to get results in even the most challenging cases.

If you or a loved one has been injured in a pedestrian accident, call Cromartie Law at 706-622-4853 to schedule your free consultation.

Pedestrians Have The Right Of Way

In many injury situations, pedestrians are hit when they are walking exactly where they should be. They are hit while in a crosswalk by a driver who takes a right turn without looking for people walking. They are hit while walking on the sidewalk in front of a parking lot entrance by cars that are hurriedly coming or going without watching for pedestrians. In these cases, negligence is clear. We work hard to hold drivers accountable in crosswalk injury and other pedestrian or jogger injury cases.

Sometimes though, negligence is not very clear. Sometimes, the pedestrian may have been walking in the street or in the crosswalk against the light. Even if the victim was doing something they should not have been, drivers still have a responsibility to look out. Drivers could still be held partially responsible for the accident, meaning the victim could get compensation for medical bills, pain and suffering, lost wages and other costs. These are challenging cases, but our head lawyer has the experience to handle them.

Common Ways Pedestrian Accidents Happen

Pedestrian accidents occur in various scenarios throughout northwestern Georgia, with certain situations presenting higher risks for serious injuries, including:

• Intersection accidents: Drivers failing to yield at crosswalks, running red lights or making turns without checking for pedestrians create dangerous situations at busy intersections.
• Parking lot incidents: Drivers backing out of spaces or rushing through parking areas often strike pedestrians in confined spaces with limited visibility.
• Distracted driving collisions: Motorists using cell phones or engaging in other distracting activities fail to notice pedestrians crossing streets or walking along roadways.
• Poor visibility accidents: Nighttime, weather conditions or inadequate lighting contribute to accidents when drivers cannot see pedestrians until impact occurs.
• Residential area incidents: Drivers speeding through neighborhoods or failing to watch for children and joggers create hazardous conditions in residential areas.
• Impaired driving crashes: Alcohol or drug-impaired drivers have reduced reaction times and judgment, making them more likely to strike pedestrians.

Understanding these accident patterns helps our legal team investigate cases thoroughly and build strong arguments for compensation in pedestrian injury claims.

Common Injuries Associated With Pedestrian Accidents

Pedestrian accidents often result in severe injuries. These include:

• Traumatic brain injuries: Head trauma occurs when pedestrians strike the ground or vehicle, potentially causing concussions, skull fractures or permanent cognitive impairment that affects memory, concentration and daily functioning.
• Spinal cord injuries: The impact force can damage the spine, resulting in partial or complete paralysis, chronic pain and loss of mobility that requires extensive rehabilitation and long-term care.
• Broken bones and fractures: The force of impact commonly causes fractures to legs, arms, ribs and pelvis, often requiring surgical intervention, extended recovery periods and physical therapy.
• Internal organ damage: Blunt force trauma can cause internal bleeding, organ rupture and other life-threatening injuries that may not be immediately apparent but require emergency medical intervention.
• Soft tissue injuries: Cuts, bruises, road rash and muscle damage frequently occur, sometimes leading to permanent scarring and disfigurement that affects victims physically and emotionally.

These injuries often require extensive medical treatment, rehabilitation and ongoing care that create substantial financial burdens for victims and their families.

Who Can Be Held Liable For A Pedestrian Accident In Georgia?

There may be only one liable party or there may be more, depending on the specifics of the accident. Possible liable parties in pedestrian accidents include:

• Negligent drivers of cars, commercial trucks, rideshare vehicles, motorcycles or E-scooters
• Negligent trucking companies and manufacturers that caused the truck to be dangerous and/or defective
• Drivers under the influence of alcohol or drugs
• Negligent municipalities that fail to address broken stoplights, dangerous intersections, lack of sidewalks and crosswalks, poor visibility and unsafe street design

It is important to understand that the pedestrian may share some of the fault for the accident. In these cases, the pedestrian can recover damages if they were less than 50% at fault. If they were 50% or more at fault, they cannot get compensation. This is called Georgia’s modified comparative negligence rule.

The Damages You May Recover After A Pedestrian Accident

Injuries in pedestrian accidents are often catastrophic or fatal due to the lack of any protection from the vehicle that caused the accident. You and your family may collect damages for economic losses and noneconomic (personal) losses. The most common damages after a pedestrian accident are:

• Past and future medical bills from the accident
• Past and future lost wages
• Loss of earning capacity
• Loss of household services
• Pain and suffering of the injured person
• Emotional distress of surviving family members
• Loss of consortium
• Funeral and burial costs
• Conscious pain and suffering of the deceased prior to death

There are some cases in which punitive (also called “vindictive” or “exemplary”) damages are also assessed. However, this is not a common occurrence. Punitive damages are not compensatory like the damages listed above. Instead, they are damages that punish the negligent party for actions such as “willful misconduct, malice, fraud, wantonness, oppression or conscious indifference to consequences.” GA Code § 51-12-5.1 (2024)

We will discuss this with you if we think punitive damages may be appropriate in your pedestrian accident case.

You Have Just Two Years To File A Pedestrian Accident Claim

The statute of limitations for filing a pedestrian accident claim in Georgia is two years from the accident date. This may seem like plenty of time at first, but it takes time and effort to investigate the accident, gather evidence, file a claim and build a strong case for damages. If you know you or a family member is injured, it is best to contact the firm immediately so we can get started on your claim. If you think you may be injured, call us and we will discuss whether you should file now or wait.

Our experienced personal injury lawyers have managed hundreds of vehicle and pedestrian accident cases. We know when it is the right time to file a claim for your pedestrian accident.

Be advised that if you miss the two-year filing deadline, you will not be able to recover compensation.

Was your child injured in a pedestrian accident? The statute of limitations may be longer for minors, but you will still be required to file parental claims within two years. This can be a challenging situation, but we can explain how it applies to your case.

Your consultation with us is free, so there is no risk in calling the firm today to tell us about your pedestrian accident and the injuries you suffered.

When You Should Contact The Firm After A Pedestrian Accident

You should contact the firm as soon as possible after a pedestrian accident. Waiting could mean that you miss the statute of limitations for filing your pedestrian accident claim (two years). If you miss that deadline, you will not be able to file a lawsuit for compensation from the negligent party. This could cause significant financial losses for you and your family.

Our caring, knowledgeable personal injury attorneys are here to listen to your story and answer your questions about the accident. We understand that this is a difficult time and that you may be confused about what to do next. Speaking with a member of our legal team is a good way to begin sorting through your questions and understanding the steps you need to take next.

Your consultation with us is free, confidential and comes with no obligation. Most of our cases are taken on a contingency-fee basis, which means that we do not charge attorney fees unless we recover compensation for you.

Get The Information You Need From An Experienced Attorney

Talk with us about how we can help if you have been injured. Call our Rome office at 706-622-4853. You can also contact us online. We handle most cases on a contingency-fee basis, which means you will owe no legal fees unless we obtain compensation for you.

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Our firm is located at the corner of Broad Street and Fourth Avenue in front of the Floyd County Courthouse and Forum in downtown Rome, Georgia. Our office hours are Monday through Friday from 8:30 a.m. to 5 p.m., with off-site evening and weekend appointments available.