Pedestrian Accident Lawyers

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 generally apply. 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 (O.C.G.A. § 51-12-33) or 50% or less at fault in South Carolina (Nelson v. Concrete Supply Co.), 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. South Carolina requires uninsured motorist coverage on every auto policy (S.C. Code § 38-77-150), and Georgia insurers must offer it (O.C.G.A. § 33-7-11).

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. In Georgia, a claim against a government entity requires written ante litem notice: within six months for a city (O.C.G.A. § 36-33-5) and within twelve months for a county (O.C.G.A. § 36-11-1) or the State (O.C.G.A. § 50-21-26). South Carolina's Tort Claims Act requires no pre-suit notice, but suit must be filed within two years (S.C. Code § 15-78-110), or three if a verified claim was filed with the entity first (S.C. Code § 15-78-80). 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. Special deadline rules can apply to minors, 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.