Atlanta is well known for heavy traffic congestion, and pedestrians often face risks as they walk back and forth to their destinations. Some of the most common areas in the Atlanta area that are prone to pedestrian accidents include Metropolitan Parkway, Peachtree Street, and Buford Highway in DeKalb County. These areas are prone to high-speed traffic and a lack of marked crosswalks or pedestrian bridges.
Regardless of where or how you were injured in Atlanta or Fulton County, you may be wondering what type of compensation you may be entitled to recover. Even though pedestrians may suffer significant injuries when involved in an accident, insurers often try to blame them to minimize payouts.
Understanding the compensation that may be available, the steps to take after an accident, and how insurers evaluate fault can help you make informed decisions throughout the claims process.
Pedestrian Accidents in Atlanta — A Growing Problem
Traffic studies demonstrate that Atlanta consistently ranks among the most dangerous cities for pedestrians. Georgia ranks among the top 10 states for pedestrian accidents nationally. Some of the highest-risk pedestrian accident areas in Atlanta include Memorial Drive and Piedmont Avenue near Midtown, to name a few.
Some of the most frequently reported contributing factors include:
- High-speed limits on surface streets
- Distracted driving
- Poor street lighting
- Inadequate crosswalks
Georgia law dictates that pedestrians have specific right-of-way protections, including those related to pedestrians in crosswalks (O.C.G.A. § 40-6-91) and pedestrian obligations (O.C.G.A. § 40-6-92).
Types of Compensation Available to Injured Pedestrians
Georgia personal injury law allows pedestrian accident victims to seek damages for out-of-pocket expenses they have incurred. Many injury victims are transported to local hospitals, including Grady Memorial, Emory, and Piedmont Atlanta, which often result in unexpected medical bills. In other instances, injury victims are left to deal with non-economic losses that affect their well-being.
Economic Damages
Commonly awarded economic damages include:
- Medical expenses for ER visits, hospitalization, ongoing physical therapy, and prosthetics for catastrophic injuries.
- Future medical costs
- Lost wages and loss of earning capacity
- Property damage to personal belongings destroyed in the accident
Non-Economic Damages
Pedestrians may also be able to recover non-economic damages for the following intangible losses:
- Pain and suffering
- Emotional distress and PTSD, which are extremely common after pedestrian accidents
- Loss of enjoyment of life
- Permanent disfigurement and scarring
Punitive Damages
In rare cases, an injured pedestrian may be able to recover punitive damages if the driver was driving under the influence, acting in extreme recklessness, or texting.
Wrongful Death Claim
If an injury victim dies as a result of a pedestrian accident, their family can file a wrongful death claim to try to recover damages.
How Fault Is Determined in Atlanta Pedestrian Accidents
Georgia’s comparative negligence rule (O.C.G.A. § 51-12-33) applies in pedestrian accident cases and is often invoked by insurers to minimize or deny claims. Under the law, pedestrians can be assigned partial fault regardless of the severity of their injuries.
Some common scenarios where a pedestrian may be assigned fault:
- Jaywalking, includes crossing outside of the crosswalk or against the traffic signal.
- Walking while under the influence of drugs or alcohol.
- Walking on a road or highway where pedestrian traffic is prohibited.
There are several circumstances in which a pedestrian may share responsibility for an accident. Even so, motorists still have a duty to exercise due care to avoid hitting pedestrians, even when they are jaywalking. Under the state’s comparative negligence law, if a pedestrian is found to be 50% or more at fault, they are not entitled to recover damages.
Who Can Be Held Liable for a Pedestrian Accident?
Most people instinctively think that the driver who hit the pedestrian is held liable for the accident. Contributing factors include distracted driving, speeding, running a red light, or DUI.
But depending on the circumstances, others can also be held accountable, including:
- The driver’s employer: If the driver was performing their job duties, which may include making deliveries or operating a commercial or rideshare vehicle.
- Government agencies: The City of Atlanta, Fulton County, or GDOT if the pedestrian accident can be attributed to missing crosswalks, poor road design, broken traffic signals, or inadequate lighting. Any claims against government agencies are overseen by the Georgia Tort Claims Act (O.C.G.A. § 50-21-20 et seq.) and ante litem notice requirements (O.C.G.A. § 36-33-5).
- Property owners: A property owner may be held liable if a pedestrian was injured due to poor visibility, obstructed sightlines, or hazardous conditions that contributed to the accident.
- Vehicle manufacturer: If the vehicle had a defect such as a headlight malfunction or brake failure that contributed to the collision, the manufacturer may be liable for damages.
What to Do After Being Hit by a Car as a Pedestrian in Atlanta
Knowing what actions to take immediately after being injured in a pedestrian accident can be challenging, but it is essential to protect your health and well-being. Critical steps include:
- Call 911 and request police and EMS immediately.
- Do not move if you suspect that you have a spinal injury.
- Thoroughly document the scene by taking numerous photos of the accident site, the vehicle(s) involved, and your injuries.
- Obtain the driver’s identifying information, including their name, insurance, and license plate number.
- Obtain the names and contact information of witnesses.
- Seek medical attention immediately, even if you do not think you are injured. Often, pedestrian accident injuries such as internal bleeding, fractures, or concussions are not readily apparent.
- File a police report.
- Do not agree to give a recorded statement to the driver’s insurance company.
- Contact a skilled Atlanta personal injury attorney.
If you have been injured in an Atlanta pedestrian accident, contact Durham Law Group today at 404-845-3434 to schedule a free consultation to discuss your case.
