What is a Pedestrian Accident?
A pedestrian accident occurs when a person on foot is struck by a motor vehicle such as a car, truck, or motorcycle. Because pedestrians are not protected by a vehicle frame, airbags, or seatbelts, these accidents often result in severe or even life-threatening injuries. Common pedestrian accident injuries include:
- Broken bones and fractures
- Traumatic brain injuries (TBIs)
- Spinal cord damage and paralysis
- Internal organ damage
- Severe lacerations or disfigurement
Pedestrian accidents can happen anywhere—at intersections, in parking lots, on sidewalks, or even in residential neighborhoods. The consequences are often catastrophic, making legal guidance essential for victims seeking recovery.
Georgia Pedestrian Laws
Georgia law provides specific rules to help protect pedestrians and reduce accidents:
- Right-of-Way at Crosswalks – Under O.C.G.A. § 40-6-91, drivers must stop and yield the right-of-way to pedestrians crossing the street within marked crosswalks.
- Obligations of Pedestrians – Pedestrians should use crosswalks where available, obey traffic control devices, and avoid suddenly leaving a curb into the path of a vehicle.
- Sidewalk Use – Where sidewalks are provided, pedestrians must use them instead of walking along the roadway.
- Walking Along Roadways – If no sidewalk is available, pedestrians must walk on the shoulder or the left side of the road facing traffic.
Common Causes of Pedestrian Accidents
While every case is unique, most pedestrian accidents in Gainesville stem from driver negligence. Common causes include:
- Distracted Driving: Using a phone, adjusting the radio, or eating while driving can cause drivers to miss pedestrians in crosswalks or intersections.
- Speeding: Higher speeds reduce reaction time and increase the severity of pedestrian injuries.
- Failure to Yield: Many drivers fail to yield at crosswalks or intersections, putting pedestrians at risk.
- Driving Under the Influence: Alcohol and drugs impair judgment, coordination, and reaction time, making drunk drivers particularly dangerous.
- Poor Visibility: Accidents often happen at night or in bad weather when pedestrians are harder to see.
- Reckless or Aggressive Driving: Running red lights, rolling through stop signs, or making unsafe turns frequently leads to pedestrian collisions.
Where Do Pedestrian Accidents Occur in Gainesville?
Gainesville is a busy city with a mix of residential areas, schools, businesses, and healthcare facilities. Pedestrian accidents often occur in areas with high foot traffic and heavy vehicle activity, such as:
- Downtown Gainesville – Busy intersections and crosswalks around the square can be particularly dangerous.
- School Zones – Children walking to and from school are at high risk, especially when drivers ignore reduced speed limits.
- Shopping Centers and Parking Lots – High traffic and limited visibility make these areas common accident sites.
- Highway Intersections – Heavily trafficked roads such as Jesse Jewell Parkway and Dawsonville Highway are frequent sites of pedestrian accidents.
- Residential Neighborhoods – Drivers speeding through neighborhoods can put pedestrians, especially children, at risk.
Knowing where accidents are most likely to occur can help residents stay alert, but ultimately, drivers have a legal responsibility to operate their vehicles safely.
Recovering Compensation
Victims of pedestrian accidents may be entitled to compensation for the physical, financial, and emotional toll of their injuries. Depending on the circumstances, damages may include:
- Medical Expenses: Hospital bills, surgeries, rehabilitation, and future medical care.
- Lost Wages: Income lost due to time away from work or reduced earning capacity.
- Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life.
- Property Damage: Reimbursement for personal property damaged in the accident.
- Wrongful Death Damages: If the accident was fatal, surviving family members may pursue damages for funeral costs, loss of companionship, and more.
see how we've made a difference
If you are hesitating to call us for help, take a look at our recent case results.
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$175,000 $175k for Serious Injury Claim
For a Serious Injury Claim
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$100,000 $100k Policy Limit Settlement for Client Involved in Car Accident With Shoulder Injuries
Policy Limit Settlement for Client Involved in Car Accident With Shoulder Injuries
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$100,000 $100k for Woman Involved in Rear-End Collision With Neck Injury
For Woman Involved in Rear-End Collision With Neck Injury
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$650,000 $650k for Client Who Suffered a Back Injury in a Rear-End Collision
For Client Who Suffered a Back Injury in a Rear-End Collision
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$100,000 $100k for Woman Involved in Automobile Accident & Suffered Elbow Injury
For Woman Involved in Automobile Accident & Suffered Elbow Injury
Pedestrian Accident FAQs
What should I do immediately after a pedestrian accident in Gainesville?
Seek medical attention right away, even if your injuries seem minor. Report the accident to law enforcement, gather witness information, and take photos of the scene if possible. Then, contact an attorney before speaking with insurance adjusters.
How long do I have to file a pedestrian accident claim in Georgia?
Under Georgia law, the statute of limitations for personal injury claims is generally two years from the date of the accident. If you wait too long, you may lose your right to seek compensation.
Can I still recover damages if I was partially at fault?
Yes. Georgia follows a modified comparative negligence rule. As long as you are less than 50% at fault, you may still recover compensation, though your damages will be reduced by your percentage of fault.
Do I need an attorney for a pedestrian accident claim?
While you can technically file a claim on your own, insurance companies often try to minimize payouts. Having a knowledgeable Gainesville pedestrian accident attorney gives you the best chance at maximizing your recovery.
How much does it cost to hire Van Sant Law?
We work on a contingency fee basis, meaning you pay nothing upfront. We only collect a fee if we win compensation for you.
Speak with a Gainesville Pedestrian Accident Attorney Today
If you or a loved one has been injured in a pedestrian accident in Gainesville, don’t face the insurance companies alone. The legal team at Van Sant Law is here to guide you every step of the way. We will investigate your accident, gather evidence, and fight for the maximum compensation you deserve.
Contact us today for a free consultation with an experienced Gainesville pedestrian accident attorney.
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Proven Record of Results
Van Sant Law has recovered millions in compensation for our clients’ benefit.
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Years of Experience
Van Sant Law is committed to professional and experienced personal injury representation.
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10.0 “Superb” rating on Avvo™, Super Lawyers Rising Stars, National Trial Lawyers Association Top 40 Under 40
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Our legal team includes former defense attorneys for large insurers who know how they settle injury claims.
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Our firm works hard to ensure that your needs are taken care of during your recovery time. We work for you so you can get your life back.
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Our firm works on a contingency fee basis. Meaning there are no fees or costs unless we recover compensation for you!
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FAQ
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What is a Wrongful Death Claim in Georgia?A wrongful death claim in Georgia arises when someone dies due to the negligent, reckless, or intentional actions of another party. The purpose of this legal action is to provide surviving family members with financial compensation for the loss of their loved one. Under Georgia law, wrongful death claims aim to measure the "full value of the life" of the deceased, which includes both the tangible economic losses (such as lost wages and benefits) and intangible losses (such as the emotional and relational value of the deceased's life). The claim is intended to hold the responsible party accountable while providing relief to the surviving family members.
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How is Compensation Divided Among Family Members in Georgia?In Georgia, if multiple family members are eligible to receive compensation from a wrongful death claim, the law determines how the award is divided. For instance, if a surviving spouse files the claim, they are entitled to at least one-third of the total compensation, even if there are children. The remaining amount is shared equally among the children. In cases where parents or other family members are involved, the distribution may depend on the specific relationships and circumstances. An attorney can clarify how compensation is allocated in your situation.
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What is the Difference Between a Wrongful Death Claim and a Survival Action?In Georgia, a wrongful death claim compensates the family for the "full value of the life" of the deceased, focusing on the losses experienced by the survivors. In contrast, a survival action addresses the pain and suffering the deceased endured before their death, as well as related financial losses like medical bills and funeral expenses. Survival actions are brought by the administrator of the deceased's estate, and any recovery becomes part of the estate to be distributed according to the will or intestacy laws.
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