In pedestrian accident cases, duty of care forms the cornerstone of establishing liability in personal injury claims across Atlanta. This legal obligation requires drivers to exercise reasonable caution and vigilance while operating their vehicles, particularly in areas with pedestrian traffic. The concept encompasses various responsibilities, including maintaining proper lookout, adhering to posted speed limits, yielding at crosswalks, and exercising additional caution in school zones or areas with high foot traffic. When a driver breaches this duty of care and a pedestrian suffers injuries as a result, it can form the basis of a personal injury claim. Understanding how duty of care applies in pedestrian accidents is crucial, as it helps establish negligence – a key element in securing compensation for medical expenses, lost wages, and other damages resulting from the incident.

Legal Rights and Considerations

Georgia follows a modified comparative negligence system under O.C.G.A. § 51-12-33, allowing injured pedestrians to recover damages as long as they are less than 50% at fault for the accident. The statute of limitations for personal injury claims in Georgia is two years from the date of the accident (O.C.G.A. § 9-3-33). Insurance considerations typically involve the driver's liability coverage, which must meet Georgia's minimum requirements of $25,000 per person for bodily injury. Pedestrians may also utilize their own uninsured/underinsured motorist coverage if the driver's insurance is insufficient. Compensation can include economic damages (medical expenses, lost wages) and non-economic damages (pain and suffering, emotional distress). In cases involving gross negligence, punitive damages may be available under O.C.G.A. § 51-12-5.1.

Pedestrians can be injured in collisions with many types of vehicles. Click the links below to learn how an Atlanta personal injury lawyer can help with your type of accident or injury:

• Atlanta car collision attorney;
• Atlanta pedestrian accident attorney;
• Atlanta motorcycle accident lawyer;
• Atlanta truck accident lawyer;
• Atlanta bus accident attorney;
• Atlanta drunk driving accident lawyer;
• Atlanta distracted driving accident attorney;

Related Resources

Local Courts

• Fulton County Superior Court
• Atlanta Municipal Court
• DeKalb County State Court

Support Services

• Atlanta Brain and Spinal Cord Injury Support Group
• Georgia Trauma Foundation
• Shepherd Center Injury Support Programs

Legal References

• Georgia Department of Transportation Pedestrian Safety Program
• Official Code of Georgia Annotated (O.C.G.A.) Title 40: Motor Vehicles and Traffic
• Georgia Governor's Office of Highway Safety Pedestrian Safety Guidelines

Return to the Atlanta pedestrian injury information page