What Happens If You Get Hit By a Car While Walking?
Getting hit by a car while walking can cause severe injuries, emotional trauma, and financial stress. Many pedestrians do not know their rights or what to do after the accident happens. In Georgia, specific laws affect who is at fault, how insurance companies handle claims, and what compensation you can receive.
In this blog, we explain what happens if you get hit by a car while walking in Georgia, outline your legal rights, and show how working with an experienced Atlanta pedestrian accident attorney can help you recover full compensation for your injuries and losses.
Immediate Steps to Take After a Pedestrian Car Accident
In the moments after a pedestrian accident, your actions can impact your health, your safety, and your legal claim. Follow these steps to protect your well-being and your legal rights.
Seek Medical Attention Immediately
If you are hit by a car while walking, the first step is to seek medical assistance immediately. Even if you do not feel hurt, you may have internal injuries, a concussion, or other trauma. Medical professionals will check for serious conditions such as a traumatic brain injury, internal bleeding, or broken bones. Prompt treatment also creates medical records that support your personal injury claim.
Call 911 and Wait for a Police Officer
Always report the accident to the police. A police officer will arrive at the scene, document what happened, and create a police report. This report will include details about the vehicle, the driver, and the scene. It also helps establish fault and supports your case when dealing with the driver’s insurance company or filing a personal injury lawsuit.
Collect Insurance and Contact Information
If you are able, ask the driver for their name, phone number, and insurance information. Write down the license plate number and the make and model of the car. If there are witnesses, ask for their contact information too. This information is important if you later pursue legal action with the help of a car accident lawyer or pedestrian accident attorney.
Take Photos and Preserve Evidence
Photograph the accident scene, your injuries, traffic signs, and the vehicle that hit you. These images help show what happened and who may be at fault. Photos of road conditions, crosswalks, and traffic signals are especially helpful in pedestrian car accident claims.
Do Not Admit Fault or Discuss the Accident
Avoid making statements to the other driver or their insurance company. Do not say anything that could be used against you later. Even a simple apology can be misinterpreted. Let a qualified car accident attorney handle communication with the insurance company to protect your claim.
Contact a Car Accident Attorney
After receiving medical treatment, speak with a car accident lawyer as soon as possible. Legal guidance is critical when filing a personal injury claim, especially if the driver’s insurance company tries to reduce or deny your compensation. A pedestrian accident attorney can help you recover damages for medical bills, lost wages, and emotional trauma.
Common Injuries Pedestrians Suffer in Georgia Car Accidents
Pedestrians hit by a car often suffer serious physical and emotional injuries that require immediate and ongoing medical care.
Traumatic Brain Injuries
A traumatic brain injury can occur even if there is no visible head wound. The impact from a vehicle can cause the brain to strike the inside of the skull, leading to memory loss, confusion, and long-term cognitive problems. Brain injuries may not appear right away, which is why injured pedestrians must seek medical attention immediately.
Broken Bones and Fractures
Pedestrian car accidents frequently cause broken arms, legs, ribs, and hips. The force of a car hitting a person walking can throw them onto the pavement or into another object. Fractures can require surgery, physical therapy, and extended time away from work, leading to lost wages and increased medical expenses.
Spinal Cord Injuries
Damage to the spine can result in partial or full paralysis. These injuries often occur when a pedestrian is thrown or pinned by the vehicle. Spinal cord injuries lead to long-term disability claims and ongoing medical bills. Victims should consult a car accident attorney to help recover financial compensation.
Internal Injuries
Internal bleeding or organ damage is common in high-impact pedestrian accidents. These injuries are not always visible at the scene but can be life-threatening. Emergency medical staff must evaluate all injured pedestrians to prevent further harm.
Emotional Trauma and Psychological Injuries
The emotional shock of being hit by a car can cause post-traumatic stress, anxiety, or depression. Pedestrians may relive the accident or develop a fear of walking near traffic. A personal injury claim can include emotional distress as part of the total damages.
Cuts, Bruises, and Surface Injuries
While not always life-threatening, cuts and bruises can be painful and may signal deeper injuries. Road rash, facial injuries, and deep wounds can also result in permanent scarring or disfigurement. All injuries should be documented in medical records for legal and insurance purposes.
Georgia Laws That Apply to Pedestrian Accidents
Georgia law outlines specific rules for both drivers and pedestrians. These laws help determine fault, insurance liability, and a victim’s right to financial compensation after a pedestrian car accident.
Right of Way at Crosswalks
Under O.C.G.A. § 40-6-91, drivers must stop and allow pedestrians to cross when they are in a marked crosswalk. A vehicle cannot overtake or pass another vehicle stopped for a pedestrian. If the driver ignores this law and hits someone in a crosswalk, it can be strong evidence of driver negligence in a personal injury claim.
Pedestrian Responsibilities
Pedestrians also have legal duties. O.C.G.A. § 40-6-92 states that pedestrians must follow traffic control signals. Crossing outside of a crosswalk or against a red light may affect a claim. If the pedestrian acted carelessly, the driver’s insurance company may argue partial fault.
Comparative Negligence in Georgia
Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33. If the injured pedestrian is found to be 50 percent or more at fault for the accident, they cannot recover damages. If they are less than 50 percent at fault, the compensation is reduced by their percentage of fault.
Duty of Drivers to Avoid Collisions
Even when pedestrians do not have the right of way, O.C.G.A. § 40-6-93 requires drivers to exercise due care. This includes slowing down, honking the horn when needed, and avoiding pedestrians who appear confused, impaired, or distracted. A driver who ignores this duty may still be held liable in a pedestrian accident case.
Hit and Run Accidents
Under O.C.G.A. § 40-6-270, drivers involved in any accident that causes injury or death must stop, provide aid, and give their contact and insurance information. Leaving the scene is a criminal offense. A hit and run can complicate insurance claims, but victims may still seek compensation through their own insurance policy or uninsured motorist coverage.
Financial Compensation You May Be Entitled To
Pedestrians injured by a car in Georgia may seek financial compensation for both immediate and long-term losses related to the accident.
Medical Expenses
You can claim the cost of emergency care, surgery, hospital stays, prescriptions, and physical therapy. If your injuries require ongoing treatment, future medical bills may also be included. Keep all medical records and receipts to support your personal injury claim.
Lost Wages
If your injuries prevent you from working, you may recover lost wages. This includes time missed from work during recovery and any reduced earning ability caused by permanent injuries. Severe injuries or a disability claim can increase the value of your lost wage compensation.
Pain and Suffering
You may be entitled to compensation for physical pain, emotional distress, and psychological trauma. This includes anxiety, fear, and the emotional shock of the accident. Insurance companies may challenge these claims, so detailed documentation and legal support from a car accident attorney are important.
Disability or Permanent Injury
If the pedestrian accident causes lasting damage, such as paralysis or disfigurement, you may recover damages for permanent injury. These claims consider how your life has changed and the long-term impact on your daily activities.
Property Damage
In some cases, pedestrians may also claim the value of damaged property, such as clothing, phones, or personal items destroyed during the accident. This compensation is usually limited compared to medical bills and other major losses.
Wrongful Death
If a pedestrian dies from their injuries, family members may file a wrongful death lawsuit. Compensation can include funeral costs, medical bills, loss of income, and emotional suffering. Georgia law allows spouses, children, or parents to bring these claims on behalf of the deceased.
Consult With an Experienced Atlanta Pedestrian Accident Lawyer ASAP!
If you or someone you care about has been hit by a car while walking, do not wait to get the legal help you need. The physical, emotional, and financial impact of a pedestrian accident can be overwhelming, but you don’t have to handle it alone. Our team at Atlanta Metro Law has the experience and focus to stand up to the insurance companies and fight for the compensation you deserve.
Contact us at 864-894-2045 for a free case consultation today!
