What Is a Pedestrian Accident Case?
Pedestrians have zero protection against a 4,000-pound vehicle. When a driver strikes a pedestrian through negligence, the injuries are almost always severe — and the victim deserves aggressive legal representation to recover every dollar of compensation available under Georgia and South Carolina law.
— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law
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.
What to Do After Pedestrian accident
- 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.
- 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.
- Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
- 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.
- 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.
- 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.
- 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.
Types of Pedestrian Accident Lawyers Cases We Handle
Statute of Limitations for Pedestrian Accident Lawyers 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.
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.
Georgia vs. South Carolina Pedestrian Accident Laws
If you were injured in Georgia or South Carolina, the laws governing your pedestrian accident claim differ by state. Below is a side-by-side comparison of the key legal rules that affect your case.
| Legal Rule | Georgia | South Carolina |
|---|---|---|
| Statute of Limitations | O.C.G.A. § 9-3-33 | S.C. Code § 15-3-530 |
| Comparative Fault Rule | Modified — recover if less than 50% at fault (O.C.G.A. § 51-12-33) | Modified — recover if less than 51% at fault |
| Damage Cap | No cap on compensatory damages; punitive capped at $250,000 in most cases (O.C.G.A. § 51-12-5.1) | No cap on compensatory damages; no statutory punitive cap (jury discretion) |
| Minimum Auto Insurance | 25/50/25 liability coverage required | 25/50/25 liability coverage required |
| Filing Court | Superior Court (claims over $15,000) | Circuit Court (claims over $7,500) |
Source: Georgia Code (O.C.G.A.) and South Carolina Code of Laws. Verified April 2026.
Do I Have a Pedestrian Accident Lawyers Case?
To win a personal injury case in Georgia or South Carolina, your attorney must prove the four elements of negligence. Each element must be established by a preponderance of the evidence for you to recover compensation.
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 in Pedestrian Accident Lawyers Cases
Victims of pedestrian accident injuries in Georgia and South Carolina can pursue two categories of damages: 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 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 in Pedestrian Accident Lawyers Cases — 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.
Roden Law 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 April 2026.
Recent Pedestrian Accident Lawyers 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
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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.
