Struck by a car while crossing the road

Attorney Answer

A pedestrian hit by a car in Georgia has a claim built on ordinary negligence, and both sides' conduct is weighed.

A driver owes a duty of reasonable care to people on and near the roadway, and striking a pedestrian is ordinarily a failure of that duty. But Georgia does not treat it as automatic: where the crossing happened, whether a signal or crossing controlled it, visibility, speed and what each person could see all bear on the outcome.

Georgia also apportions fault rather than treating it as all-or-nothing, so a pedestrian's own care affects the recovery rather than necessarily ending it. Crossing away from a marked crossing does not by itself defeat a claim.

The practical problem in pedestrian cases is that the evidence is thin unless it is captured early. There is no vehicle damage to interpret on your side, so the crossing location, sight lines and any camera nearby do most of the work.

What you can do

1. Get the crash report and check how the officer recorded the crossing location and the vehicle's speed. 2. Photograph where you were crossing, including sight lines from the driver's approach. 3. Ask any nearby business whether a camera covers the spot, in writing, and quickly. 4. Get medical attention and keep every record, including for injuries that seem minor. 5. Speak to a Georgia attorney before giving the driver's insurer a recorded statement.

⏱ Time limits apply. O.C.G.A. § 9-3-33 requires actions for injuries to the person to be brought within two years after the right of action accrues. Waiting also costs evidence — footage is overwritten and memories fade — so the practical deadline is usually much earlier than the legal one.

A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.