Walking should be safe. Every day, pedestrians cross streets, use sidewalks, and move through parking lots expecting drivers to follow traffic laws. When vehicles strike pedestrians in Marietta, the results often involve serious injuries that require immediate medical attention and long-term care. The Persons Firm stands ready to protect your rights and fight for the compensation you deserve after a pedestrian accident. Contact our experienced Marietta pedestrian accident lawyers today.
Georgia Laws That Protect Pedestrians
Georgia law provides specific protections for pedestrians through O.C.G.A. § 40-6-91, which establishes clear rules for both drivers and pedestrians. Drivers must yield the right-of-way to pedestrians in crosswalks and must exercise due care to avoid striking any pedestrian. This law places significant responsibility on vehicle operators to watch for people walking near roadways.
Pedestrians also have legal duties under Georgia law. They must use sidewalks when available and cross streets at marked crosswalks or intersections when possible. However, even when a pedestrian violates these rules, drivers still bear the primary responsibility to avoid accidents.
Common Locations Where Pedestrian Accidents Occur
Marietta pedestrian accidents happen in predictable locations throughout our city. Busy commercial areas like the Marietta Square and shopping centers on South Cobb Drive see frequent foot traffic mixing with vehicle traffic. School zones present particular dangers during morning drop-off and afternoon pickup times when children may dart into streets unexpectedly.
Parking lots at major retailers and medical facilities create hazardous conditions for pedestrians. Drivers often focus on finding parking spaces rather than watching for people walking to and from their vehicles. Residential neighborhoods with limited sidewalks force pedestrians to share road space with cars, especially during evening hours when visibility decreases.
The areas surrounding MARTA bus stops and the Marietta Transfer Center also present elevated risks. Pedestrians rushing to catch buses may not pay adequate attention to traffic patterns, while drivers may not expect people to suddenly appear from behind buses or other large vehicles.
Types of Injuries From Pedestrian Accidents
Pedestrian accidents typically result in severe injuries because the human body has no protection against a multi-ton vehicle. The most common injuries include:
- Traumatic brain injuries can cause lasting cognitive problems and personality changes
- Spinal cord injuries leading to partial or complete paralysis below the injury site
- Multiple bone fractures requiring surgeries, metal implants, and months of rehabilitation
- Internal organ damage affecting the liver, spleen, kidneys, or other vital organs
These injuries often require extensive medical treatment that can cost hundreds of thousands of dollars. Physical therapy, occupational therapy, and adaptive equipment become necessary for many victims to regain basic daily functions. Some pedestrian accident victims never fully recover from their injuries and require lifetime care assistance.
Building a Strong Legal Case
A successful pedestrian accident claim requires thorough investigation and evidence collection. Police reports provide the official version of events, but they may not capture all relevant details. Witness statements help establish how the accident occurred and who bears responsibility.
Traffic camera footage and nearby security cameras often record pedestrian accidents. This video evidence can prove driver negligence or show that the pedestrian followed traffic laws. Cell phone records may reveal whether the driver was texting or talking on the phone at the time of impact.
Medical records document the full extent of injuries and link them directly to the accident. Expert witnesses, including accident reconstruction specialists and medical professionals, can explain complex issues to insurance companies and juries. These experts help demonstrate how the accident occurred and why the injuries require specific treatments and ongoing care.
Insurance Claims and Settlement Negotiations
Georgia requires drivers to carry minimum liability insurance coverage of $25,000 per person and $50,000 per accident for bodily injury. However, serious pedestrian accidents often result in damages that far exceed these minimum amounts. Additional coverage sources may include:
- Underinsured motorist coverage on the victim’s own auto insurance policy
- Commercial insurance if the at-fault driver was working at the time of the accident
- Municipal insurance coverage is required when poor road design or maintenance contributed to the accident
- Property owner insurance if dangerous conditions on private property played a role
Insurance companies routinely attempt to minimize payouts to pedestrian accident victims. They may argue that the pedestrian was partially at fault or that the injuries are not as severe as claimed. Having experienced legal representation levels the playing field and ensures that insurance companies cannot take advantage of injured victims who are focused on their recovery.
Damages Available to Pedestrian Accident Victims
Georgia law allows pedestrian accident victims to seek compensation for both economic and non-economic damages. Economic damages have specific dollar amounts that can be calculated based on bills, pay stubs, and expert projections.
Non-economic damages compensate victims for pain and suffering, emotional distress, and loss of life enjoyment. These damages recognize that pedestrian accidents cause more than just financial harm. Victims may experience depression, anxiety, and post-traumatic stress that affects their relationships and overall quality of life.
Georgia law may allow punitive damages designed to punish the wrongdoer and deter similar behavior. These damages go beyond compensating the victim and send a message that dangerous driving will not be tolerated.
Areas We Serve in Marietta and Surrounding Communities
The Persons Firm represents pedestrian accident victims throughout Marietta and the surrounding areas. We serve clients in these zip codes and communities:
- 30060, 30061, 30062, 30063 covering central Marietta and surrounding neighborhoods
- 30064, 30066, 30067, 30068, including Smyrna, Vinings, and parts of East Cobb
- 30080, 30082, 30090 serving Kennesaw, Acworth, and northern Cobb County areas
- Adjacent areas, including Roswell, Alpharetta, and portions of Fulton County
Our local knowledge of Marietta streets, traffic patterns, and accident-prone areas helps us build stronger cases for our clients. We work with local medical providers, investigators, and expert witnesses who are familiar with Georgia law and local court procedures.
Take Action After a Pedestrian Accident
A Marietta pedestrian accident lawyer from The Persons Firm will handle all aspects of your case while you focus on healing from your injuries. We investigate the accident, communicate with insurance companies, and fight for maximum compensation through negotiation or trial if necessary. Contact us today to get started!