Pedestrian Accidents in Atlanta, Georgia – Laws, Liability, and Legal Help

In a fast-growing city like Atlanta, pedestrian accidents have become a widespread and serious concern. With increased development, rising traffic congestion, and more people walking for work, school, or daily errands, the streets of Atlanta have become increasingly dangerous for pedestrians. Areas such as Midtown, Downtown, and surrounding neighborhoods often see high volumes of foot traffic, cars, and public transit—all of which can collide in dangerous ways.

When a pedestrian accident occurs, the impact is more than physical. These accidents can lead to long-term injuries, emotional trauma, and overwhelming medical bills. Families may struggle with lost wages or even the sudden loss of a loved one due to pedestrian deaths. Understanding Georgia law, pedestrian safety expectations, and your rights under the legal system is essential. This guide will walk through pedestrian accident law in Atlanta, 2023 accident trends, and a landmark case that reshaped public transit safety.

Why Pedestrian Accidents Are Rising in Atlanta

Broken pedestrian crossing sign at a city intersection in Atlanta, Georgia.

Urban Growth and Infrastructure Challenges

Atlanta’s urban sprawl and construction boom have created conditions that increase risk for pedestrians. As streets widen to accommodate more cars, sidewalks shrink—or vanish entirely. In some neighborhoods, pedestrians are forced to walk on the edge of active roadways without any safe buffer. While new developments try to improve walkability, many older areas still lack basic safety infrastructure.

When sidewalks are incomplete, intersections lack proper signage, or crosswalks aren’t clearly marked, the chances of an accident increase significantly. In these areas, even attentive pedestrians are vulnerable to being struck, especially during high-traffic hours.

High Foot Traffic Zones (Downtown, Midtown, School Areas)

Pedestrian accidents in Atlanta are most common in areas with constant foot traffic and high vehicle volume. Busy intersections near business districts, school zones, parks, and MARTA stations are especially dangerous. Peachtree Street, Piedmont Avenue, and North Avenue are just a few of the streets where pedestrians face serious risks.

In school areas, children and families crossing the street are frequently exposed to careless drivers. Many of these areas lack adequate signage or crossing guards, compounding the dangers. Even with crosswalks in place, pedestrian safety depends heavily on driver awareness and responsibility.

Contributing Factors: Speeding, Distractions, and Driver Negligence

A major factor in pedestrian deaths and injuries is vehicle speed. When a car is traveling over 35 miles per hour and strikes a person, the chance of survival drops drastically. Speeding in residential neighborhoods or near crosswalks has led to countless avoidable tragedies.

Distracted driving, especially texting behind the wheel, is another leading cause of crashes. When drivers take their eyes off the road—even briefly—they may fail to notice someone crossing the street. In other cases, alcohol or drugs play a role in lowering a driver’s ability to react in time, putting lives at risk.

Pedestrians aren’t always without fault. Crossing the street outside of crosswalks, ignoring traffic signals, or walking while distracted by phones or headphones can also contribute to an accident. That’s why creating awareness on both sides—drivers and pedestrians—is essential for improving safety. In fact, the Centers for Disease Control and Prevention (CDC) has identified distracted driving and urban sprawl as key contributors to the nationwide rise in pedestrian deaths.

2023 Statistics on Atlanta Pedestrian Accidents

According to the Georgia Department of Transportation, there were approximately 450 pedestrian accidents in Atlanta in 2023. Among these:

  • 35 resulted in pedestrian fatalities
  • Over 100 caused serious injuries
  • Dozens more required hospital care for moderate injuries

Most of these accidents occurred in high-traffic neighborhoods such as Downtown and Buckhead, with intersections and busy streets being the most common points of impact. Atlanta continues to see a rising trend in hit-and-run cases, with nearly 1 in 6 accidents involving a driver fleeing the scene. These cases make it harder for injured victims to secure compensation for medical bills or lost wages, especially if they don’t have an attorney helping them track down the responsible party.

Understanding Georgia’s Pedestrian Laws (2024 Update)

Right of Way Laws (O.C.G.A. § 40-6-91)

Georgia law requires drivers to yield to pedestrians in marked crosswalks and at intersections. Even at unmarked crosswalks—commonly found at residential street corners—drivers have a legal duty to slow down or stop when a pedestrian is crossing.

If a pedestrian is hit while legally crossing the street, the driver is likely to be held accountable. However, pedestrians also have a duty not to enter the roadway suddenly or when vehicles are too close to stop safely. In these cases, a court may find both parties partially at fault for the accident.

Pedestrian Responsibilities

Georgia law also places responsibilities on pedestrians to ensure traffic safety. Pedestrians are expected to:

  • Use sidewalks when they’re available
  • Cross the street only at designated crosswalks or intersections
  • Obey the walk and don’t walk signals
  • Avoid crossing streets under the influence of alcohol or drugs

When these rules are broken, pedestrians may be considered partially responsible for an accident. For example, a pedestrian who walks across a four-lane street without using a crosswalk and gets struck may be denied compensation, or see it significantly reduced, due to their share of fault.

Comparative Negligence in Georgia (O.C.G.A. § 51-12-33)

Georgia follows the rule of comparative negligence, which means multiple parties can share responsibility for an accident. A pedestrian can still recover compensation even if they were partly at fault, as long as they are less than 50% responsible.

If the court finds that a pedestrian was 20% responsible for the accident, their final compensation would be reduced by 20%. This legal principle applies to settlement negotiations, insurance claims, and trial outcomes alike. It’s one of the reasons why it’s important to contact a pedestrian accident lawyer early. Evidence from the scene, witness statements, and police reports are critical in proving fault.

Common Types of Pedestrian Accident Scenarios

Hit in a Marked Crosswalk

One of the most common types of pedestrian accidents in Atlanta is when someone is struck while using a marked crosswalk. These incidents often occur when a driver fails to yield during a turn or drives through an intersection without checking for pedestrians. Because the pedestrian typically has the right of way, these accidents often lead to strong legal claims.

Accidents Near Public Transit Stops (MARTA, School Buses)

MARTA bus stops and school loading zones are frequent sites of pedestrian accidents. When drivers don’t slow down near bus stops or school zones, they risk hitting people as they exit or approach vehicles. Children are particularly vulnerable near school buses, where visibility and reaction times are often limited.

Distracted Driver Incidents

Drivers who are texting, adjusting GPS, or looking away from the road are significantly more likely to cause a pedestrian accident. These cases often involve straight-line travel on a clear street, where the only explanation for the crash is driver inattention.

High-Speed or Impaired Driving

High-speed crashes are often fatal, especially for pedestrians. When a car is traveling too fast, the force of impact causes devastating injuries—even if the driver slams the brakes. When drivers are under the influence of alcohol or drugs, their delayed response times and impaired judgment make these accidents even more likely. This is especially true in motorcycle-related incidents and other high-speed collisions.

Commercial Vehicle & Bus-Related Accidents

Larger vehicles such as commercial trucks, buses, and delivery vans pose added risks due to blind spots and wide turns. Pedestrians in crosswalks can be easily missed if a commercial vehicle is moving quickly or turning sharply. Vehicle and bus accidents often result in extensive injuries and may involve both the driver and the company that owns the vehicle.

What to Do Immediately After a Pedestrian Accident in Atlanta

Paramedics attending to a pedestrian accident victim near an Atlanta street.

Call Emergency Services and Get Medical Attention

The first and most important step after an accident occurs is to call emergency services. Even if you think your injuries are minor, you should get checked out at a hospital. Some internal injuries, such as concussions or soft tissue damage, may not show symptoms right away.

Medical documentation will be crucial later if you file a claim for compensation. The sooner you receive care, the easier it will be to prove that the accident caused your injuries.

Collect Evidence at the Scene

If you’re physically able, gather evidence from the scene. Take pictures of the street, the vehicle that hit you, your injuries, and any visible signs or road conditions. Get names and contact information from any witnesses. This information can help your lawyer build a stronger case.

File a Police Report

A police report is vital in documenting the accident and establishing fault. If the accident was a hit and run, the police can begin investigating immediately. Ask for a copy of the report once it’s completed—it will be helpful when filing your claim.

Contact an Experienced Pedestrian Accident Attorney

Personal injury attorney discussing a pedestrian accident case with a client.

Once your immediate medical needs are addressed, consult with a pedestrian accident attorney. A skilled legal team will help you collect evidence, communicate with insurers, estimate your damages, and represent your interests in court or negotiations. Whether you’re dealing with a hit and run, driver negligence, or a dispute over fault, having an experienced law firm can make all the difference in recovering full compensation.

How Compensation Works in Pedestrian Accident Cases

Pedestrian accidents often result in serious injuries that affect every part of a person’s life—physically, emotionally, and financially. Victims of these accidents may face a long road to recovery, marked by mounting medical bills, missed workdays, and emotional trauma. When the accident is caused by someone else’s negligence, Georgia law allows the injured party to seek financial compensation. Knowing how compensation works in a personal injury claim is essential for protecting your rights and ensuring you receive what you’re entitled to.

Economic Damages You Can Recover

Economic damages are the measurable financial costs resulting from the accident. In a pedestrian accident case, the most common types of economic damages include:

  • Medical bills: This includes emergency room visits, surgery, physical therapy, follow-up care, medications, and long-term treatment costs.
  • Lost wages: If the injured person is unable to work while recovering, they may be eligible to recover the income they would have earned during that time.
  • Future medical costs: Some injuries require ongoing treatment, especially in cases involving brain trauma or mobility impairments. Compensation can also cover assistive devices or home care services.

These damages are typically supported by receipts, pay stubs, and medical records, which your attorney will use to calculate the full value of your claim.

Non-Economic Damages

Non-economic damages compensate for the pain and disruption that don’t have a direct price tag but significantly impact a person’s life. These may include:

  • Pain and suffering: Physical pain resulting from the accident, such as chronic injuries or surgeries.
  • Emotional distress: Anxiety, depression, or PTSD after being struck by a car can greatly affect your quality of life.
  • Loss of enjoyment of life: If the victim can no longer walk freely, exercise, or participate in activities they once enjoyed.
  • Loss of companionship: In fatal pedestrian accidents, family members may be entitled to recover damages for the loss of their loved one’s presence and support.

While harder to calculate than economic losses, these damages are equally important. They represent the long-term consequences of an accident and often make up a large portion of a settlement.

Factors That Affect Settlement Value

Several key factors influence how much a pedestrian accident claim is worth:

  • The severity of the injuries
  • Who is at fault, and by how much (comparative negligence)
  • Medical prognosis and recovery time
  • Available insurance coverage
  • Impact on daily life and ability to work

In some cases, the at-fault driver’s conduct—such as speeding in a school zone or fleeing the scene in a hit-and-run—can also increase the value of the case. These elements are used to justify a higher settlement and may influence how a jury views the claim if it goes to trial.

Real Client Stories: From Injury to Justice

Case Example 1: Crosswalk Collision Downtown

A 32-year-old man was struck while legally crossing a street near a downtown Atlanta intersection. The driver was speeding and claimed the pedestrian “darted out,” but surveillance footage told a different story. Keller Swan secured a settlement covering hospital bills, ongoing physical therapy, and emotional distress.

Case Example 2: Child Hit Near School Zone

In a tragic case near a school crosswalk, a young boy was hit by a car that failed to stop at the posted sign. The driver was found to be distracted by a mobile device. Our firm successfully negotiated with the insurance company and helped the family recover damages for pain and suffering, future care costs, and school accommodations.

Frequently Asked Questions

What if I were jaywalking during the accident?

Georgia’s comparative negligence law may still allow you to recover compensation, as long as you were less than 50% at fault. An attorney can help argue your case and reduce your share of liability.

How does comparative fault reduce my settlement?

If you’re found to be partially responsible for the accident—say, 30%—your total compensation would be reduced by that amount. If your damages were $100,000, you’d receive $70,000.

Can I sue if I was hit by a city bus?

Yes, but claims against public transit or city agencies have special filing deadlines. You must act quickly and file a notice of claim. An experienced lawyer can guide you through the process.

What if the driver fled the scene?

Hit-and-run cases are more complex, but you can still pursue a claim. If the driver is found, they can face both civil and criminal penalties. If not, your uninsured motorist coverage may apply.

Why Choose Keller Swan Injury Attorneys

Proven Track Record in Pedestrian Accident Cases

Keller Swan has successfully represented hundreds of pedestrians injured on Atlanta’s streets. Our team understands the complexities of Georgia traffic law and how to build strong cases that deliver real results.

Personalized Legal Strategy for Every Client

No two accidents are alike. We tailor every legal approach to fit your specific injuries, life impact, and compensation goals—whether through aggressive negotiation or skilled courtroom representation.

Deep Local Knowledge

We know Atlanta. From high-risk intersections to public transit zones, we understand the patterns, local ordinances, and regional data that can strengthen your claim.

Compassionate, Responsive Service

We treat every client like family. From your first call to your final settlement or verdict, our team is here to support you, answer your questions, and guide you through every legal step.

Get the Legal Help You Deserve Today

If you’ve been struck by a car, injured near a crosswalk, or left behind after a hit and run, don’t face the aftermath alone. At Keller Swan Injury Attorneys, we fight for victims and families to recover full compensation for their injuries, lost wages, and long-term recovery needs.

Contact us today for a free consultation. There’s no risk, no obligation—just real answers from a dedicated legal team that knows how to win.