Georgia Pedestrian Accident Laws – Your Legal Rights After a Pedestrian Accident

Pedestrian safety is a growing concern across Georgia, where busy intersections and distracted drivers contribute to serious injuries every year. Georgia pedestrian accident laws are designed to protect those on foot, but many injured individuals don’t realize the full extent of their legal rights after a collision. Knowing how these laws work is the first step toward holding a negligent driver accountable and seeking fair compensation.

Understanding Georgia’s Pedestrian Laws

Pedestrian safety is an ongoing public safety concern across Georgia, especially in high-traffic areas where walkability may be limited. In 2022, crash reports documented 608 serious pedestrian injuries across Georgia, up 6% from 2021.

Nearly two-thirds of fatal pedestrian crashes and almost half of all injuries occurred on roads with speed limits of 45 mph or higher, where the risk of severe injury increases. In Cobb County, seven pedestrians were killed in traffic crashes in December 2024 alone, prompting immediate action from local officials. Understanding and following these laws is a vital step toward safer streets.

State law clearly defines a pedestrian as anyone on foot, including those walking, running, or standing (O.C.G.A. § 40-6-96). Pedestrians are legally required to use sidewalks when available and must avoid standing or walking along roadways unless there is no nearby traffic or the sidewalk presents a hazard.

Other key provisions in Georgia law prohibit pedestrians from being on roadways while impaired (O.C.G.A. § 40-6-95), from soliciting rides or business in traffic (O.C.G.A. § 40-6-97), and from crossing streets outside of designated crosswalks unless it is safe and permitted (O.C.G.A. § 40-6-92). These rules are designed to reduce the number of pedestrian-related injuries and fatalities statewide.

Georgia’s Personal Injury Laws and When to Hire a Pedestrian Accident Lawyer?

When someone suffers an injury due to someone else’s negligence or misconduct, they have the right to pursue compensation and justice through the state’s personal injury laws. These cases are held in the civil courts where injured victims act as plaintiffs in civil cases. Before litigation is considered, injured pedestrians often hire a pedestrian accident attorney to handle their Georgia pedestrian accident lawsuit in court.

A pedestrian accident attorney brings years of experience handling pedestrian accident cases. They may begin by negotiating with the at-fault party’s insurance company. Often, insurance caps mean that the injured party cannot secure fair compensation from the negligent party. This is where the state’s personal injury laws come in. By working with an attorney, the injured party can file a claim in court.

In cases that involve a wrongful death, surviving loved ones have the option of pursuing a wrongful death claim in Marietta or elsewhere. Once the courts are involved, the injured party and their attorney have the option of gathering new types of evidence through subpoenas and other tools of the court. Many of these cases are ultimately resolved when the defendant offers a fair settlement, although there is always the option of going to trial.

FAQs About Pedestrian Accident Laws in Georgia

What Are Georgia’s Right-of-Way Laws for Pedestrians?

Georgia’s right-of-way law requires drivers to stop for pedestrians in marked crosswalks and at intersections when traffic signals permit walking. Drivers must also yield when pedestrians are in the half of the roadway that the car is traveling on.

If a driver violates a traffic law leading up to the collision, that could lead to the driver being found liable for causing the collision. Pedestrians should cross safely and remain alert, but drivers have a legal duty to yield.

Are Drivers Always at Fault in Pedestrian Accidents?

No, drivers are not automatically at fault if they are involved in a pedestrian accident. While Georgia law gives pedestrians certain protections, pedestrians must also follow traffic rules. The party that acts negligently is often the party to whom fault is assigned.

If a pedestrian crosses outside a crosswalk or against a signal, they may share fault. Each case requires an investigation into actions taken by both parties. Legal support can help determine how fault is assigned and proven.

Can I Recover Damages if I Wasn’t in a Crosswalk?

Yes, you may still recover damages even if you were not in a marked crosswalk, depending on the facts of the case. Georgia’s comparative fault laws allow injury victims to seek compensation if they are less than 50% at fault. The outcome depends on how the driver behaved and whether they could have avoided the crash. Under this system, complicated cases involving shared liability can still provide injured victims with a pathway to secure compensation.

What Should I Do After a Pedestrian Accident in Georgia?

Seek medical attention immediately, even for minor injuries. Call the police and ensure a report is filed. If possible, collect contact information from the driver and any witnesses. Avoid posting about the incident online. Keep all documentation related to your injuries and recovery. Speaking with a lawyer early on can help protect your claim and avoid costly mistakes with insurers.

How Long Do I Have to File a Pedestrian Injury Claim in Georgia?

In Georgia, the statute of limitations for filing a personal injury claim is typically two years from the date of the accident. Missing this deadline could prevent you from recovering compensation. However, certain circumstances may affect the timeline, such as claims involving government entities. Acting quickly ensures your case is filed on time and that key evidence is preserved effectively.

Work With an Injury Firm That Cares About Your Recovery and Future

Georgia law gives pedestrians important protections, especially when it comes to crosswalks, right-of-way, and driver responsibility. When a driver violates these laws and causes injury, victims have the right to pursue financial compensation. Knowing your rights after a pedestrian accident is crucial to protecting your future and holding the at-fault party accountable under Georgia law.

At Barnes Law Group, we help injured pedestrians understand their rights and take action. For over two decades, we have handled small and large claims with precision and a focus on helping our clients receive the compensation they were owed. Our legal team offers compassionate guidance and aggressive representation, and we don’t get paid unless we win your case. Contact us today to schedule your free consultation.