Seeking justice for families of pedestrians killed by negligent drivers on Georgia roads.
Georgia Pedestrian Fatality Attorney
Pedestrian fatalities in Georgia have risen sharply in recent years, making the state one of the most dangerous in the nation for people on foot. When a pedestrian is killed by a negligent driver, the surviving family may file a wrongful death claim under O.C.G.A. § 51-1-11 to recover the full value of the decedent’s life. Georgia traffic law under O.C.G.A. § 40-6-91 requires drivers to exercise due care to avoid colliding with any pedestrian, to give warning by sounding the horn when necessary, and to exercise proper precaution upon observing any child or any confused or incapacitated person on the roadway. Violations of this statute constitute negligence per se in a wrongful death action.
Crosswalk accidents represent a significant portion of pedestrian fatalities in Georgia. Under O.C.G.A. § 40-6-91(a), drivers are required to stop and remain stopped to allow a pedestrian to cross the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection. Failure to yield the right-of-way to a pedestrian in a crosswalk is a traffic violation that establishes the driver’s negligence as a matter of law. Attorney Jonathan Overman of Overbird Law investigates these cases thoroughly, obtaining traffic camera footage, surveillance video, and witness statements to establish the driver’s failure to yield and reconstruct the circumstances of the fatal collision.
Visibility issues, including poor lighting, obstructed sightlines, and failure to use headlights, contribute to many pedestrian deaths in Georgia. Municipalities and property owners may bear liability under O.C.G.A. § 32-4-91 and premises liability principles when inadequate street lighting, missing crosswalk signals, or dangerous road design contributes to a pedestrian fatality. Georgia’s comparative negligence statute under O.C.G.A. § 51-11-7 applies to pedestrian death cases, meaning that even if the pedestrian bore some fault, the family may still recover damages as long as the pedestrian was less than 50% at fault for the accident.
Distracted driving, speeding, and impaired driving are leading causes of pedestrian fatalities across Georgia. Under O.C.G.A. § 40-6-241.2, Georgia’s Hands-Free Law prohibits drivers from holding or supporting a wireless device while operating a motor vehicle, and violations that result in pedestrian deaths strengthen the wrongful death claim significantly. Punitive damages under O.C.G.A. § 51-12-5.1 may be available when the driver was intoxicated, texting, or engaged in reckless behavior at the time of the fatal collision. The two-year statute of limitations under O.C.G.A. § 9-3-33 applies to pedestrian wrongful death claims. Contact Overbird Law in Newnan at (678) 251-8575 for a free consultation.
If you lost a loved one in a pedestrian accident, we can help determine all liable parties and pursue full compensation.
Pedestrian Safety
Fatal pedestrian collisions occurring at marked and unmarked crosswalks where drivers failed to stop, yield, or exercise due care as required by Georgia traffic law, including right-turn-on-red incidents and rolling stops.
Pedestrian fatalities caused by drivers who were texting, using smartphones, adjusting GPS, or otherwise distracted and failed to observe the pedestrian in the roadway, in violation of Georgia’s Hands-Free Law.
Deaths caused by inadequate street lighting, missing crosswalk signals, obscured pedestrian signs, and dangerous road designs where municipalities or property owners failed to maintain safe conditions for pedestrians.
Pedestrian deaths caused by drivers under the influence of alcohol or drugs, where toxicology evidence and field sobriety results support claims for both compensatory and punitive damages under Georgia law.
Contact us today for a free, no-obligation case review.
