A pedestrian was fatally struck by a vehicle during the early morning hours on Tuesday at a busy Smyrna intersection. According to the Smyrna Police Department, the incident occurred at approximately 12:35 a.m. at the four-way intersection of Cobb Parkway SE and Plumtree Parkway SE. Emergency responders arrived promptly after receiving the call, but the pedestrian, whose identity has not yet been released by authorities, was pronounced dead at the scene. Police investigators determined that the pedestrian had been attempting to cross Cobb Parkway SE outside of the designated crosswalk area when the collision occurred. The driver of the vehicle remained at the scene following the accident and has been cooperating with authorities. The Smyrna Police Department is continuing to investigate the circumstances surrounding the crash, and no information has been provided regarding potential charges against the driver at this time.

Location and Infrastructure

The intersection of Cobb Parkway SE (also known as US-41) and Plumtree Parkway SE is a heavily trafficked four-way junction in Smyrna, located in Cobb County, Georgia. Cobb Parkway serves as a major north-south arterial road through the area, connecting Smyrna to Atlanta and carrying significant volumes of both local and through traffic. The intersection features traffic signals and marked crosswalks, though pedestrian activity is relatively common along this commercial corridor at various times of day. The area surrounding this intersection includes numerous retail establishments, restaurants, and businesses that attract both vehicular and foot traffic. The width of Cobb Parkway, which consists of multiple lanes in each direction, can present challenges for pedestrians attempting to cross, particularly during nighttime hours when visibility may be reduced.

Legal Rights and Considerations

In Georgia, pedestrian-vehicle accidents involve complex legal considerations under state traffic laws. While pedestrians are generally required to use marked crosswalks when available (O.C.G.A. § 40-6-92), drivers also maintain a duty of care to avoid collisions with pedestrians regardless of right-of-way status (O.C.G.A. § 40-6-93). Georgia follows a modified comparative negligence rule, meaning compensation may be reduced by the percentage of fault attributed to the pedestrian, but completely barred if the pedestrian is deemed 50% or more at fault. Affected parties typically have two years from the date of the accident to file a personal injury or wrongful death lawsuit under Georgia's statute of limitations (O.C.G.A. § 9-3-33). Potential compensation may include medical expenses, funeral costs, loss of companionship, and other damages depending on the circumstances. Insurance claims typically need to be filed promptly, as policies often contain notice requirements.

Related Resources

• Emergency Services
  • Smyrna Police Department: (770) 434-6666
  • Cobb County Emergency Services: 911
  • WellStar Cobb Hospital: (470) 732-4000
• Traffic Safety Resources
  • Georgia Governor's Office of Highway Safety: (404) 656-6996
  • Cobb County Department of Transportation: (770) 528-1600
  • Pedestrian Safety Initiative - Cobb County: (770) 528-1611
• Support Services for Accident Victims
  • Georgia Crime Victims Compensation Program: (800) 547-0060
  • Cobb County Victim Witness Assistance Program: (770) 528-3047
  • Georgia Brain Injury Association: (404) 712-5504
• Traffic Laws and Regulations
  • Georgia Department of Driver Services: dds.georgia.gov
  • Georgia Code Title 40 (Motor Vehicles and Traffic): georgia.gov/laws-traffic