Key Takeaways
- Driver negligence is the foundation of most pedestrian injury claims.
- You must prove the driver owed a duty, breached that duty, and caused your injury.
- Common evidence includes surveillance footage, witness statements, and police reports.
- Even if you were crossing outside a crosswalk, you might still have a valid case.
- An experienced lawyer can gather and present the evidence needed to win your case.
What Is Driver Negligence?
In Georgia, negligence means the driver failed to act with reasonable care, and that failure caused harm. In pedestrian injury cases, this often involves drivers who:
- Fail to yield at a crosswalk
- Drive distracted or under the influence
- Speed through residential areas or school zones
The law protects pedestrians—but you still have to prove the driver was at fault.
Key Elements You Must Prove
To win a pedestrian injury claim, your attorney will need to prove four key elements:
- Duty of Care – The driver had a legal responsibility to drive safely and obey traffic laws.
- Breach of Duty – The driver broke that responsibility (e.g., texting while driving).
- Causation – The driver’s actions directly caused your injuries.
- Damages – You suffered real harm (medical bills, lost wages, pain and suffering).
Without clear evidence on all four, your claim may be denied or undervalued.
Top Types of Driver Negligence in Pedestrian Accidents
Here are common behaviors that often lead to pedestrian crashes:
- Speeding – Reduces reaction time and increases injury severity.
- Distracted Driving – Texting, eating, or adjusting the GPS takes eyes off the road.
- Failing to Yield – Especially at marked or unmarked crosswalks.
- Running Red Lights or Stop Signs
- Impaired Driving – Alcohol and drugs impair judgment and control.
- Illegal Turns – Many pedestrians are hit when drivers make fast, careless turns.
At Hines Law, we investigate these factors immediately to build a strong claim.
Evidence That Helps Win a Pedestrian Injury Case
To prove negligence, you need more than just your word. Here are common types of evidence we gather:
- Police reports with citations or fault assignments
- Traffic camera or surveillance footage
- Eyewitness statements
- 911 call transcripts
- Photos or videos of the scene
- Medical records showing the extent of your injuries
- Expert testimony (e.g., accident reconstructionists)
The sooner this evidence is collected, the stronger your case will be.
What If You Were Outside the Crosswalk?
Don’t assume you have no case just because you weren’t in a crosswalk.
Georgia uses modified comparative negligence, meaning you can still recover compensation if you were less than 50% at fault.
For example:
- A distracted driver who hit you while speeding through a parking lot may be found 80% at fault—even if you weren’t in a crosswalk.
This is why it’s critical to talk to an attorney before accepting any blame or insurance settlement.
Why You Need an Attorney for a Pedestrian Accident Case
Insurance companies often try to blame the pedestrian—even when the driver was clearly at fault.
At Hines Law, we:
- Investigate fault with urgency
- Work with medical experts to prove your injuries
- Handle negotiations with aggressive insurers
- Fight to get every dollar you deserve—for hospital bills, pain, lost income, and more
We speak English and Spanish, and we don’t charge a fee unless we win your case.
Contact Hines Law Today – We Fight for Injured Pedestrians
If you or a loved one was struck by a vehicle in Georgia, you deserve answers—and compensation.
Whether the crash happened in Atlanta, Gainesville, Dalton, or Marietta, Hines Law is here for you.