What Is a Distracted Driver Pedestrian Accident Case?

Struck by a distracted driver while walking? Texting, phone use, and other distractions are a leading cause of pedestrian crashes. Our attorneys hold distracted drivers accountable for the injuries they cause.

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

Distracted Driver Pedestrian Accident Lawyers in Georgia & South Carolina

Distracted driving has become one of the leading causes of pedestrian injuries and deaths in the United States. When a driver is looking at a phone, texting, adjusting a GPS, or otherwise distracted, they are far less likely to see a pedestrian — and far less able to stop in time. The NHTSA reports that distracted driving killed 3,308 people in a recent year, with pedestrians representing a substantial and growing share of those deaths.

At Roden Law, our pedestrian accident lawyers aggressively pursue distracted driver cases. Cell phone records, vehicle infotainment data, and dashcam footage can prove a driver was distracted — and we know how to obtain and present this evidence to maximize compensation for our clients.

Distracted Driving Laws in Georgia and South Carolina

Both states have enacted laws specifically targeting distracted driving:

  • Georgia Hands-Free Law: Since July 2018, Georgia’s Hands-Free Act (O.C.G.A. § 40-6-241.2) prohibits drivers from holding or supporting a phone with any part of their body while driving. Drivers may not write, read, or send texts, watch videos, or record video while driving.
  • South Carolina Texting Ban: South Carolina law (S.C. Code § 56-5-3890) prohibits texting while driving. South Carolina has been considering broader hands-free legislation.

Violating these statutes while striking a pedestrian creates strong evidence of negligence — the driver was breaking the law at the moment of the crash.

Types of Driver Distraction That Cause Pedestrian Crashes

Distraction comes in three forms, and phone use involves all three simultaneously:

  • Visual distraction: Eyes off the road — looking at a phone screen, GPS, or infotainment display instead of scanning for pedestrians
  • Manual distraction: Hands off the wheel — holding, swiping, or typing on a device instead of maintaining vehicle control
  • Cognitive distraction: Mind off driving — focusing on a conversation, message, or content rather than the driving environment

This is especially dangerous in school zones where children are present. A driver looking at a phone for just 5 seconds at 30 mph travels 220 feet — more than half a city block — effectively blind. In that distance, a pedestrian can step off the curb, enter a crosswalk, and be struck before the driver ever looks up.

Proving Distraction in Pedestrian Crash Cases

Our attorneys use multiple sources of evidence to establish that a driver was distracted:

  • Cell phone records: Call logs, text message timestamps, and app usage data showing activity at the time of the crash
  • Infotainment system data: Modern vehicles log touchscreen interactions, Bluetooth connections, and navigation inputs
  • Dashcam and traffic camera footage: Video showing the driver looking down or not reacting to the pedestrian
  • Witness testimony: Observers who saw the driver on a phone or looking away from the road
  • Crash dynamics: No evidence of braking or evasive action before impact — a hallmark of distracted driving. This pattern is common in crosswalk accidents where distracted drivers fail to yield.

When a distracted driving statute violation is proven, it constitutes negligence per se in many jurisdictions, meaning the driver is presumptively negligent. Combined with the devastating injuries pedestrians suffer, these cases often result in substantial compensation including the potential for punitive damages under Georgia law (O.C.G.A. § 51-12-5.1) when the conduct is particularly egregious.

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What to Do After A distracted driver 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. your 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.

Proving Your Distracted Driver Pedestrian Accident Case

To win a personal injury case involving a distracted driver pedestrian accident, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Distracted Driver Pedestrian Accident Cases

Victims of a distracted driver pedestrian accident injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and 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.

Statute of Limitations for Distracted Driver Pedestrian Accident Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. 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). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

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.

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 work to minimize any fault assigned to you.

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Roden Law Distracted Driver Pedestrian Accident Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated May 2026.

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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 Distracted Driver 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.