Why Hire Pedestrian Accident Lawyers?
Pedestrian accident cases present challenges that differ significantly from vehicle-on-vehicle collisions. Insurance companies routinely blame pedestrians for their own injuries — claiming they were jaywalking, distracted by a phone, wearing dark clothing, or crossing against the signal. An experienced pedestrian accident attorney knows how to defeat these defenses with surveillance footage, crosswalk engineering data, and traffic signal timing records.
Georgia and South Carolina both impose a duty of care on drivers to watch for pedestrians at crosswalks, intersections, and along roadways. Under Georgia law (O.C.G.A. § 40-6-91), drivers must yield to pedestrians in crosswalks and exercise due care to avoid colliding with any pedestrian on any roadway. South Carolina imposes similar duties under S.C. Code § 56-5-3130. When drivers violate these laws, they are liable for the injuries they cause.
Our attorneys have handled pedestrian accident cases involving distracted drivers, impaired motorists, vehicles turning at intersections, drivers ignoring crosswalk signals, and hit-and-run incidents. We investigate every angle — including whether defective road design, inadequate lighting, or missing crosswalk markings contributed to the accident.
At Roden Law, our personal injury attorneys have helped numerous victims secure millions in compensation across Georgia and South Carolina. We provide all potential clients with a free, no-obligation review of their claim and do not charge upfront legal fees.
Types of Pedestrian Accident Lawyers Cases We Handle
Meeting the Statute of Limitations
If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation. You should not hesitate to consult with a skilled attorney to ensure your claim is filed on time.
Do I Have a Case?
Before our attorneys can take legal action, we must prove the four elements of negligence existed in your accident:
Duty of Care
The other party owed you a duty of care and was obligated to act in a manner that ensured your safety and the safety of others.
Breach of Duty
The other party breached that duty by failing to act as a reasonably safe and prudent person would have in the same situation.
Causation
The at-fault party's conduct and the resulting accident directly caused your injuries. We gather evidence to prove that but for their negligence, you would not have been harmed.
Damages
You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result of the at-fault party's breach.
Types of Compensation You Can Recover
Economic Damages
- Past and future medical expenses
- Lost wages or income
- Loss of earning capacity
- Property damage and vehicle repair/replacement
- Cost of rehabilitation and physical therapy
- Assistive medical equipment
- Cost of long-term or lifelong care
Non-Economic Damages
- Pain and suffering
- Mental and emotional distress
- Loss of companionship (spouse/family)
- Disability and disfigurement
- Loss of enjoyment of life
- Humiliation or loss of reputation
Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.
Comparative Fault — What If I'm Partially At Fault?
🍑 Georgia — Modified Comparative Fault
You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
🌙 South Carolina — Modified Comparative Fault
You can recover if less than 51% at fault. Your award is reduced by your fault percentage.
For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys will work to minimize any fault assigned to you.
Common Causes of Pedestrian Accident Lawyers Cases
- Distracted driving (texting, phone use, GPS)
- Drivers failing to yield at crosswalks
- Left- and right-turning vehicles at intersections
- Drunk or impaired drivers
- Speeding through residential and school zones
- Drivers running red lights or stop signs
- Backing up without checking for pedestrians
- Poor visibility at night or in adverse weather
- Inadequate street lighting or missing crosswalk signals
- Drivers ignoring school zone speed limits
- Road design defects (missing sidewalks, unmarked crosswalks)
- Ride-share and delivery drivers rushing between stops
Common Injuries in Pedestrian Accident Lawyers Cases
Pedestrians struck by vehicles frequently hit their head on the hood, windshield, or pavement. Even at low speeds, the impact can cause severe concussions, brain bleeding, and permanent cognitive damage.
The lower extremities absorb the initial impact in most pedestrian collisions. Shattered legs, fractured hips, broken arms from bracing for impact, and pelvic fractures are extremely common and often require surgical repair.
Being thrown onto a vehicle or onto the ground can cause herniated discs, vertebral fractures, and spinal cord damage resulting in partial or complete paralysis and lifelong medical needs.
The blunt force of a vehicle striking the torso can rupture the spleen, liver, or kidneys and cause internal hemorrhaging that is life-threatening without immediate emergency surgery.
Contact with vehicle edges, broken glass, and road surfaces causes deep lacerations, degloving injuries, and permanent facial scarring that may require multiple reconstructive surgeries.
Because vehicle bumpers strike at knee height, ligament tears (ACL, MCL), tibial plateau fractures, and crushed ankles are among the most frequent pedestrian injuries, often causing permanent mobility limitations.
Pedestrian accidents are disproportionately fatal. According to the NHTSA, over 7,500 pedestrians were killed in traffic crashes in the U.S. in 2022. Surviving families may pursue wrongful death claims for their devastating loss.
Pedestrian accident survivors commonly develop severe anxiety about walking near roads, PTSD flashbacks, depression, and fear of public spaces — all compensable non-economic damages under Georgia and South Carolina law.
Recent Case Results
Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.
Reviewed by Eric Roden, Founding Partner, CEO — Licensed in Georgia & South Carolina
Frequently Asked Questions
In Georgia, you have 2 years from the date of the accident to file a personal injury lawsuit (O.C.G.A. § 9-3-33). In South Carolina, the deadline is 3 years (S.C. Code § 15-3-530). For wrongful death claims, the same deadlines apply from the date of death. We recommend contacting an attorney immediately, as critical evidence such as traffic camera footage and witness availability can diminish quickly.
Jaywalking does not automatically bar you from recovering compensation. Georgia and South Carolina both use modified comparative fault rules. Even if you were crossing outside a crosswalk, the driver still had a duty to exercise due care to avoid hitting you (O.C.G.A. § 40-6-93). As long as you are less than 50% at fault in Georgia or less than 51% in South Carolina, you can still recover damages, reduced by your percentage of fault.
Call 911 immediately and request medical attention, even if you feel you can walk. Do not move if you suspect a spinal injury. If possible, photograph the vehicle, its license plate, the intersection, traffic signals, and your injuries. Get the driver's name, insurance information, and contact details from witnesses. Do not give a statement to the driver's insurance company. Seek a full medical evaluation within 24 hours — adrenaline often masks serious internal injuries.
Yes. Hit-and-run pedestrian cases can still result in compensation. If the driver is identified through witnesses, surveillance cameras, or police investigation, you can file a claim against their insurance. If the driver is never found, you may recover compensation through your own uninsured motorist (UM) coverage. Georgia and South Carolina both require UM coverage as part of auto insurance policies unless explicitly rejected in writing.
If inadequate lighting, missing crosswalk markings, broken traffic signals, lack of sidewalks, or dangerous road design contributed to your accident, the government entity responsible for road maintenance may be liable. Claims against government agencies in Georgia must be filed under the Georgia Tort Claims Act (O.C.G.A. § 50-21-20) with specific notice requirements and shorter deadlines. Our attorneys can identify all responsible parties.
Pedestrian accident cases often result in higher compensation than vehicle-on-vehicle accidents because the injuries are typically more severe. Settlement values depend on the extent of your injuries, total medical costs (including future care), lost income and diminished earning capacity, permanent disability or disfigurement, and pain and suffering. Our firm has recovered significant settlements for pedestrian accident victims. We provide free case evaluations.
The at-fault driver's liability insurance should cover your medical expenses, but insurers typically delay payment and dispute the necessity of treatment. In the interim, your own health insurance or MedPay coverage (medical payments coverage on your auto policy) can cover immediate medical costs. Georgia PIP coverage is optional, while South Carolina does not require PIP. Our attorneys help coordinate all available coverage sources.
Parking lot pedestrian accidents are common and frequently involve drivers backing up without looking, speeding through pedestrian walkways, or failing to stop at internal stop signs. Liability may fall on the driver, and in some cases, the property owner may share liability if inadequate lighting, missing signage, or poor lot design contributed to the accident. Our attorneys investigate all potential sources of recovery.
Yes. If a child is injured as a pedestrian, a parent or legal guardian can file a claim on their behalf. Georgia and South Carolina both hold drivers to a heightened duty of care in areas where children are expected, such as school zones, parks, and residential neighborhoods. The statute of limitations for minors is tolled (paused) until the child turns 18, but we recommend pursuing the claim promptly while evidence is still available.
Yes. Even when an insurance company accepts liability, they will still try to minimize your payout. Their initial offer will likely cover only a fraction of your actual damages — particularly future medical costs, lost earning capacity, and non-economic damages like pain and suffering. An experienced attorney ensures every category of damage is accounted for and fights for the full value of your claim.
Related Resources
Contact Our Pedestrian Accident Lawyers Today
If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.
