Statute of Limitations for Pedestrian Accident Claims in Atlanta: Understanding Your Legal Timeline

 

In Georgia, pedestrian accident victims must navigate specific time constraints when pursuing legal action for their injuries. The statute of limitations sets critical deadlines that can significantly impact your ability to seek compensation after being struck by a vehicle while walking in Atlanta. Understanding these timeframes is essential, as missing these deadlines can permanently bar you from recovering damages for medical expenses, lost wages, and other losses. The complexity of pedestrian accident cases often involves multiple factors, including traffic law violations, comparative negligence considerations, and potential claims against government entities if hazardous road conditions contributed to the incident. Insurance companies may also have their own deadlines for filing claims, making it crucial to understand both insurance and legal timelines.

Legal Rights and Considerations

Georgia's statute of limitations generally allows two years from the date of the pedestrian accident to file a personal injury lawsuit (O.C.G.A. § 9-3-33). However, this timeline may be modified in certain circumstances, such as when government entities are involved, requiring notice within six months. Georgia follows a modified comparative negligence system, where pedestrians can recover damages even if partially at fault, as long as they are less than 50% responsible for the accident. Available compensation may include economic damages (medical expenses, lost wages, rehabilitation costs) and non-economic damages (pain and suffering, emotional distress). Insurance claims typically involve the at-fault driver's liability coverage, but uninsured/underinsured motorist coverage may also apply if the driver lacks adequate insurance.

Statute of limitations can be a factor of all kinds of injury accidents. Click the links below to get information from an experienced attorney for accidents and injuries including:

 

Related Resources

Atlanta Municipal Court 60 Pryor Street SW Atlanta, GA 30303

Fulton County Superior Court 136 Pryor Street SW Atlanta, GA 30303

Victim Support Services:

  • Atlanta Police Department Victim Services Unit
  • Georgia Crime Victims Compensation Program
  • Shepherd Center's Injury Prevention Program

Legal References:

  • Georgia Department of Transportation Pedestrian Safety Guide
  • Official Code of Georgia Annotated (O.C.G.A.) § 40-6-90 (Pedestrian Rights and Duties)
  • Georgia Governor's Office of Highway Safety Pedestrian Safety Programs

Return to the Atlanta pedestrian accident information page

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