What Is a Pedestrian Accident Case?

Hit by a vehicle backing up or in a parking lot? These low-speed crashes cause serious injuries, especially to children and elderly pedestrians. Our attorneys pursue full compensation from negligent drivers.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Key Takeaways

If you were injured in a pedestrian accident in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Backing-Up & Parking Lot Pedestrian Accident Lawyers in Georgia & South Carolina

Not all pedestrian accidents happen on busy roads or at intersections. A significant number of serious pedestrian injuries occur in parking lots, driveways, and other low-speed environments where vehicles are backing up or maneuvering. While these crashes may seem minor because of the low speeds involved, the reality is that pedestrians — especially young children and elderly individuals — suffer serious and sometimes fatal injuries. The non-profit Kids and Cars organization reports that at least 50 children are backed over by vehicles every week in the United States.

At Roden Law, our pedestrian accident lawyers represent individuals and families injured in parking lot and backing-up crashes throughout Georgia and South Carolina. We understand the liability complexities of these cases and pursue full compensation from negligent drivers and, where applicable, property owners.

Common Backing-Up and Parking Lot Crash Scenarios

Our attorneys handle a wide range of parking lot and backing-up pedestrian cases:

  • Backover accidents: A driver reverses out of a parking space or driveway without checking behind the vehicle, striking a pedestrian — particularly children who fall below the rear sight line. Backover crashes near schools are also a concern in school zone pedestrian accidents.
  • Parking lot crossings: Pedestrians walking through parking lot travel lanes struck by vehicles looking for spaces or exiting quickly
  • Drive-aisle crashes: Vehicles speeding through parking lot aisles where pedestrians are loading groceries or walking to stores
  • Delivery and loading zones: Commercial vehicles backing up to loading docks without spotters, striking pedestrians in the area
  • Drive-through lanes: Pedestrians struck in or near restaurant or business drive-through lanes
  • Parking garage incidents: Low visibility, tight turns, and steep ramps in parking structures create dangerous pedestrian conditions

Liability in Parking Lot Pedestrian Cases

Parking lot accidents may involve multiple liable parties:

  • The driver: Every driver has a duty to check mirrors, use backup cameras, and physically look behind them before reversing. Failure to do so is negligence.
  • The property owner: Shopping centers, businesses, and parking lot owners have a duty to maintain safe premises, including adequate lighting, clear sight lines, speed bumps, pedestrian walkways, and proper signage
  • The vehicle manufacturer: If a backup camera, rear cross-traffic alert, or automatic emergency braking system failed or was not included when required by federal regulation
  • Employers: For commercial vehicles, the driver’s employer may be vicariously liable, and employers who fail to provide spotters for backing maneuvers may be directly negligent

Georgia premises liability law (O.C.G.A. § 51-3-1) and South Carolina law hold property owners to a duty of ordinary care to protect invitees from foreseeable hazards. A parking lot with known pedestrian traffic and no safety measures may be liable for resulting injuries.

Backup Camera Regulations

Since May 2018, federal regulation (FMVSS 111) requires all new vehicles under 10,000 pounds to have rear visibility technology (backup cameras). If a vehicle equipped with this technology had a malfunctioning camera that contributed to a backover crash, a product liability claim against the manufacturer may apply.

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What to Do After a Backing-Up / Parking Lot Pedestrian Accident

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. State law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

The Rules That Apply

  • In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33).
  • In South Carolina, you have 3 years (S.C. Code § 15-3-530).
  • 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.

How negligence, compensation, deadlines and fault work: Pedestrian Accident Lawyers →

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Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Backing-Up / Parking Lot 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.