Pedestrian and Cyclist Fatality Wrongful Death Claims in Georgia & South Carolina
Pedestrians and cyclists are the most vulnerable users of our roadways. Without the protection of a vehicle’s safety features, a collision with a car or truck is often fatal. The NHTSA reports that over 7,500 pedestrians and nearly 1,000 cyclists are killed in traffic crashes each year in the United States, and these numbers have been rising steadily. Georgia and South Carolina consistently rank among the most dangerous states for pedestrians and cyclists.
At Roden Law, our pedestrian and cyclist fatality lawyers represent families across Georgia and South Carolina who have lost loved ones to negligent drivers. Whether your loved one was walking, jogging, cycling, or using a wheelchair, we pursue full accountability and maximum compensation from every responsible party.
Georgia & South Carolina Pedestrian and Cyclist Laws
Georgia law (O.C.G.A. § 40-6-90 et seq.) requires drivers to exercise due care to avoid colliding with pedestrians and to yield the right of way to pedestrians in crosswalks. Georgia’s bicycle safety law (O.C.G.A. § 40-6-292) requires drivers to maintain a safe passing distance of at least 3 feet when overtaking a cyclist.
South Carolina requires drivers to yield to pedestrians in crosswalks and exercise due care to avoid colliding with pedestrians and cyclists at all times. South Carolina’s “Three-Foot Law” requires motorists to provide at least 3 feet of clearance when passing a cyclist. Violations of these laws establish negligence in a wrongful death claim.
Common Causes of Pedestrian and Cyclist Fatalities
Fatal pedestrian and cyclist accidents are most commonly caused by:
- Distracted driving: Texting, phone calls, and GPS use diverting attention from the road
- Failure to yield: Drivers not yielding to pedestrians in crosswalks or cyclists in bike lanes
- Speeding: Higher speeds dramatically increase pedestrian and cyclist fatality rates
- Drunk and impaired driving: Reduced reaction time and impaired judgment
- Left-turn and right-hook crashes: Drivers turning across pedestrian crosswalks or cyclist paths
- Hit-and-run: Drivers fleeing the scene of a fatal pedestrian or cyclist crash
- Unsafe road design: Missing crosswalks, bike lanes, sidewalks, and adequate lighting
- Large vehicle blind spots: Trucks and SUVs with limited visibility striking pedestrians at intersections
Our pedestrian accident lawyers and car accident lawyers have extensive experience with the unique dynamics of vehicle-pedestrian and vehicle-cyclist collisions.
Municipal Liability for Unsafe Road Design
In some cases, the municipality or state Department of Transportation may bear partial liability for a pedestrian or cyclist death if the road was designed or maintained in an unsafe manner. Missing crosswalks, absent pedestrian signals, lack of bike lanes, faded road markings, and insufficient lighting can all contribute to fatal accidents. Claims against government entities have special notice requirements and shorter deadlines — Georgia’s ante litem notice requirement typically requires notice within 12 months, and South Carolina’s South Carolina Tort Claims Act imposes specific procedures.
Wrongful Death Damages for Pedestrian and Cyclist Fatalities
Under Georgia’s wrongful death statute (O.C.G.A. § 51-4-1 et seq.) and South Carolina’s (S.C. Code § 15-51-10 et seq.), families may recover the full value of the deceased’s life, including future earnings and contributions, pre-death pain and suffering, medical expenses, funeral costs, and loss of companionship. In hit-and-run cases, the deceased’s uninsured motorist (UM) coverage may provide compensation when the at-fault driver is never identified.
Contact Roden Law After a Pedestrian or Cyclist Fatality
Time is critical in pedestrian and cyclist fatality cases. Surveillance camera footage from nearby businesses, traffic cameras, and dashcams must be preserved before it is overwritten. Georgia’s statute of limitations is 2 years (O.C.G.A. § 9-3-33) and South Carolina’s is 3 years (S.C. Code § 15-3-530), but claims against government entities may have shorter deadlines. Contact Roden Law immediately for a free consultation.