Yes, you can recover compensation after a pedestrian accident in Atlanta if another party was at fault. Pedestrian accident victims in Georgia may be entitled to damages for medical bills, lost wages, pain and suffering, and other losses. Butler Kahn helps seriously injured pedestrians and their families pursue full compensation from negligent drivers and their insurance companies.

At Butler Kahn, our Atlanta personal injury attorneys take only a limited number of pedestrian accident lawsuits each year. Our focus is on quality, not quantity. Unlike some firms that settle claims quickly and cheaply before moving to the next one, our lawyers take time to build a strong case and fight for maximum compensation on behalf of our clients.

If you believe we might be able to help you with your pedestrian accident claim, please get in touch with our pedestrian injury lawyers whenever you are ready to discuss your situation. It costs you nothing to talk to a top pedestrian accident lawyer in Atlanta and have us fully review your case and set out your options and our plan of attack.

Why People in Atlanta Call Butler Kahn for Pedestrian Accident Cases

Pedestrian accidents in Atlanta frequently cause catastrophic injuries because the human body has almost no protection against vehicles weighing thousands of pounds. Victims often suffer traumatic brain injuries, spinal cord damage, multiple fractures, and internal organ injuries. These cases require attorneys who understand how to document the full scope of damages and fight insurance companies that try to minimize payments.

If you have been injured in a pedestrian accident, insurance companies commonly attempt to pin the blame on you. Insurance adjusters often argue that the pedestrian was not following traffic laws or was not paying enough attention. It may be up to you, the pedestrian accident victim, to provide evidence that disputes the insurance adjuster’s account. The attorneys at Butler Kahn can help with these important tasks:

• Answer all your questions about the legal process
• Identify all liable parties including drivers, vehicle owners, employers, and government entities
• Prove that negligent parties were responsible for the pedestrian accident and your injuries
• Handle all complex legal matters that come with filing a lawsuit
• Negotiate for a full and fair settlement on your behalf
• Take your case to trial and represent you in court if a settlement cannot be reached
• Take care of your pedestrian accident case from start to finish, giving you peace of mind

Who Is at Fault for a Pedestrian Accident in Atlanta?

Determining fault for an Atlanta pedestrian accident typically depends on who had the right-of-way. Under Georgia law (O.C.G.A. § 40-6-91), pedestrians crossing in marked crosswalks or at intersections generally have the right-of-way over motor vehicles. However, pedestrians cannot step into the path of a vehicle that does not have enough time to stop safely.

In the aftermath of some accidents involving pedestrian injuries, it may not be immediately clear who was at fault. In these situations, it may be necessary to provide evidence that the motorist was speeding, driving at night without lights, driving while distracted, running a red light, or engaged in some other form of negligence.

Crucial evidence in Atlanta pedestrian accident cases may include:

• Surveillance video from nearby businesses
• Dash cam footage from the at-fault vehicle or witnesses
• Eyewitness testimony and recorded statements
• Physical evidence at the scene like skid marks and debris
• Traffic camera footage from the City of Atlanta
• Cell phone records showing distracted driving
• Police accident reports and citations

Your attorney can play an important role in securing this evidence to demonstrate that you were not to blame for the collision. Evidence can disappear quickly after an accident, making it critical to contact an attorney as soon as possible.

Compensation You Deserve After an Atlanta Pedestrian Accident

If you have been injured in a pedestrian accident and someone else was to blame, you may be entitled to recover damages such as:

Pedestrian accidents frequently cause severe injuries that generate substantial medical expenses including hospitalizations, surgeries, physical therapy, medications, medical equipment, diagnostic tests, and physician fees. Many victims require long-term care and cannot return to work, resulting in significant lost income. When a pedestrian accident causes permanent impairments such as paralysis, traumatic brain injuries, or complex fractures, damages can reach hundreds of thousands of dollars or more.

Can I Be Compensated for Pain and Suffering in a Pedestrian Accident in Atlanta?

Yes, pedestrian accident victims in Georgia may be entitled to compensation for pain and suffering. These damages compensate you for both the physical pain you experience from your injuries and the emotional and psychological impact the accident has on your life.

Physical pain and suffering refers to the pain you experience as a direct result of your injuries. This includes pain during the immediate aftermath of the crash and throughout your recovery period, which can last months or years for serious pedestrian injuries.

Mental pain and suffering encompasses the emotional and psychological impact of your injuries, including:

• Emotional and psychological distress
• Mental anguish
• Loss of enjoyment of life
• Fear and anxiety
• Anger and frustration
• Humiliation
• Post-traumatic stress disorder (PTSD)

Research shows that approximately 9% of all crash accident victims develop PTSD. Pedestrian crash victims are particularly vulnerable to this condition because of the sudden, violent nature of being struck by a vehicle.

There is no set “pain and suffering calculator” for Georgia pedestrian accidents. Several factors determine compensation amounts, including the severity of injuries, total cost of medical treatment, and how long recovery takes. In some cases, a “multiplier” method is used where medical bills are totaled and multiplied by a factor based on injury severity.

Insurance Coverage for Atlanta Pedestrian Accident Injuries

The at-fault driver’s auto liability insurance is typically the first source of coverage for pedestrian accident injuries. However, many Georgia drivers carry only the minimum required liability coverage of $25,000, which can quickly be exhausted by serious pedestrian injuries.

What happens if the at-fault motorist doesn’t have enough coverage? What if they don’t have insurance at all or flee the scene? These situations are where an Atlanta pedestrian accident attorney can help by identifying other potential sources of coverage.

Even though you were a pedestrian at the time of the crash, you may still be able to use your own auto insurance. Your policy may include:

• Underinsured motorist (UIM) coverage – provides additional compensation when the at-fault driver’s insurance is insufficient
• Uninsured motorist (UM) coverage – provides compensation when the at-fault driver has no insurance or in hit-and-run cases
• Resident relative coverage – you may access UM/UIM benefits under a family member’s policy

When a driver was acting in the course and scope of their employment when they caused a pedestrian crash, victims may be able to file a claim against the employer’s commercial insurance policy, which typically provides much higher coverage limits. The pedestrian accident attorneys at Butler Kahn are committed to seeking out every potential source of insurance coverage for our clients.

What if a Driver Is at Fault in a Georgia Pedestrian Accident?

Both drivers and pedestrians have legal responsibilities under Georgia law. Drivers must exercise “due care” to avoid striking pedestrians and must yield to pedestrians in crosswalks and at intersections with walk signals. Pedestrians also have the right-of-way on sidewalks.

Common causes of pedestrian accidents in Atlanta include:

• Distracted driving – smartphone use while driving correlates directly with increased pedestrian crashes. Drivers watching videos, reading emails, or texting are not watching the road.
• Impaired driving – drug and alcohol-impaired drivers pose extreme danger to pedestrians. Impaired drivers often travel at high speeds and do not slow down before impact.
• Failing to yield – many pedestrian crashes occur when drivers fail to yield the right-of-way as required by Georgia law.
• Speeding – higher vehicle speeds dramatically increase the severity of pedestrian injuries and the likelihood of fatalities.
• Running red lights and stop signs – intersection violations frequently result in pedestrian strikes.

A recent study by the Atlanta Journal-Constitution found that pedestrian crashes are increasing across the United States, and Georgia’s increase is outpacing the rest of the country. Population growth and increased traffic in the Atlanta metro area contribute to this dangerous trend.

Can I Reduce My Risk of Being Injured in Pedestrian Accidents in Atlanta GA?

While you cannot control the actions of motorists, you can take steps to decrease your risk of being injured as a pedestrian:

• Always use sidewalks and crosswalks whenever possible
• Obey all Georgia traffic laws for pedestrians
• If a crosswalk is not available, cross at a well-lit intersection with clear views of traffic in all directions
• Avoid all distractions while walking – do not use your cell phone or other electronic devices
• Wear brightly colored clothing and carry a flashlight to increase visibility
• Make eye contact with drivers before crossing – do not assume a driver sees you
• Avoid walking at night or when visibility is low
• Be cautious of vehicles entering from parking lots, side streets, and driveways
• Avoid consuming alcohol or medications that impair judgment
• Do not allow children to walk without adult supervision

What to Do After an Atlanta Pedestrian Accident

Pedestrian accidents can cause severe injuries and leave you wondering what to do next. Taking these steps can help protect your health and your legal rights:

1. Get medical help immediately – your health is the top priority. Follow all of your doctor’s treatment recommendations.
2. Report the accident – call 911 and ensure a police report is filed.
3. Preserve evidence – if possible, take photos of the scene, your injuries, and any vehicle damage. Get contact information from witnesses.
4. Do not give recorded statements – do not speak to the at-fault driver’s insurance company without talking to a lawyer first.
5. Contact Butler Kahn – our Atlanta pedestrian accident lawyers offer free consultations and can explain your options.

The at-fault driver’s insurance should cover your injury-related expenses through their bodily injury liability insurance, but that does not mean their insurance company will make it easy. Your attorney will work to investigate the crash, negotiate directly with insurance companies, and fight for the compensation you deserve.

How Our Pedestrian Accident Attorneys Can Help You After The Accident

Georgia law provides a 2-year statute of limitations to file a pedestrian accident claim. It is crucial to contact a reputable law firm that handles injury accidents right away. You want a team on your side that has experience dealing with and winning these types of cases.

Compensation claims in Georgia pedestrian accident cases may include:

• Disability – compensation includes money to retrofit your home to accommodate disabilities, plus present and future home health care costs.
• Loss of wages – compensation for victims who cannot work as a result of their injuries, including potential future earnings.
• Medical care – coverage for immediate medical needs and anticipated future medical expenses.
• Pain and suffering – both physical and mental pain and suffering are compensable. Physical suffering is usually obvious, but mental trauma may not be immediately visible.
• Property damage – reimbursement for belongings damaged in the pedestrian accident.

Butler Kahn believes in producing the highest quality legal work. We are not interested in offering an easy fix and quick settlement. We take pride in the successful representation of our clients with dignity and honor. Our team takes time to build your case and fight for the best outcome possible.

Atlanta Pedestrian Accident Service Areas

Butler Kahn represents pedestrian accident victims throughout the Atlanta metropolitan area and across Georgia. Pedestrian accidents frequently occur in high-traffic areas including Buckhead, Midtown, Downtown Atlanta, and near major intersections along Peachtree Street, I-85, and GA 400. Our Atlanta office is conveniently located to serve clients from:

• Atlanta neighborhoods: Buckhead, Midtown, Downtown, Brookhaven, Druid Hills, Virginia-Highland, Inman Park, Decatur, East Atlanta, West End, Atlantic Station
• Fulton County: Sandy Springs, Alpharetta, Johns Creek, Milton, College Park, East Point, Hapeville
• DeKalb County: Decatur, Dunwoody, Chamblee, Doraville, Tucker, Stone Mountain, Lithonia
• Cobb County: Marietta, Smyrna, Kennesaw, Acworth, Austell, Mableton
• Gwinnett County: Served by our Lawrenceville office
• Clayton County: Served by our Jonesboro office
• North Fulton: Served by our Roswell office

Frequently Asked Questions About Pedestrian Accidents in Atlanta

How long do I have to file a pedestrian accident lawsuit in Georgia?

You generally have two years from the date of the accident to file a personal injury lawsuit in Georgia. However, there are exceptions that can shorten or extend this deadline. For claims against government entities, you may have as little as six months to provide notice. Contact an attorney as soon as possible to protect your rights.

Do I have a case if I don’t feel hurt right away after a pedestrian accident?

Yes, you may still have a valid claim. Many serious injuries, including traumatic brain injuries and internal bleeding, may not show immediate symptoms. Adrenaline can mask pain for hours or even days. Always seek medical attention after a pedestrian accident, even if you feel fine initially.

Should I talk to the insurance adjuster after a pedestrian accident?

No, you should not give a recorded statement to the at-fault driver’s insurance company without first consulting an attorney. Insurance adjusters are trained to get you to say things that can be used to reduce or deny your claim. Let your attorney handle communications with insurance companies.

How much does it cost to hire Butler Kahn for a pedestrian accident case?

Butler Kahn handles pedestrian accident cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. There is no upfront cost for our legal services. We offer free initial consultations to review your case.

What if I was partially at fault for the pedestrian accident?

Georgia follows a modified comparative negligence rule. You can still recover damages as long as you were less than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault. An attorney can help minimize unfair blame shifting by insurance companies.

Can I sue if a hit-and-run driver struck me as a pedestrian?

Yes, you may have options even if the driver fled the scene. Your own auto insurance’s uninsured motorist coverage may provide compensation. An attorney can also help investigate to identify the driver through surveillance footage, witness statements, or vehicle debris.

What if the driver who hit me was working at the time of the accident?

If the driver was acting within the scope of their employment when they struck you, the employer may also be liable for your damages. Commercial insurance policies typically provide much higher coverage limits than personal auto insurance, which can be important for serious injuries.

How long does a pedestrian accident case take to resolve?

The timeline varies depending on the complexity of your case and the severity of your injuries. Simple cases with clear liability may settle in a few months. Complex cases involving serious injuries, disputed fault, or multiple defendants can take a year or longer. We work efficiently while ensuring we secure maximum compensation.

What compensation can I receive for a pedestrian accident in Atlanta?

Pedestrian accident victims may recover compensation for medical expenses (past and future), lost wages, lost earning capacity, pain and suffering, emotional distress, disability, disfigurement, and loss of enjoyment of life. In cases involving drunk driving or extreme negligence, punitive damages may also be available.

Can I get compensation if I was jaywalking when I was hit?

Possibly. Even if you were crossing outside a crosswalk, the driver may still share significant fault if they were speeding, distracted, or failed to exercise due care. Georgia’s comparative negligence law allows recovery as long as you were less than 50% at fault.

What should I do if I witnessed a pedestrian accident in Atlanta?

If you witnessed a pedestrian accident, call 911 immediately, stay at the scene if safe, provide a statement to police, and offer your contact information to the victim or their family. Eyewitness testimony can be crucial in determining fault and helping victims obtain compensation.

Are pedestrian accidents increasing in Atlanta?

Yes, pedestrian accidents are increasing in Atlanta and throughout Georgia. Population growth, increased traffic, distracted driving, and urban development contribute to rising pedestrian crash rates. Atlanta’s busy streets, including Peachtree Street and areas around MARTA stations, see frequent pedestrian accidents.

Contact Our Atlanta Office

Butler Kahn – Atlanta Personal Injury Lawyers
10 Lenox Pointe
Atlanta, GA 30324
Phone: (678) 940-1444

Our Atlanta office is located near Buckhead and Brookhaven, with convenient access from I-85, GA 400, and Peachtree Road. We serve clients throughout Fulton County, DeKalb County, and the greater Atlanta metropolitan area. Free parking is available for clients visiting our office.

Contact Butler Kahn by calling (678) 940-1444 or contacting us online for a free consultation. There is no fee unless we win your case.