Hit by a Car While Walking or Cycling in Atlanta: Your Rights

If you are struck by a car while walking or cycling, call 911 or ask someone nearby to call for you. Do not try to move if you are in significant pain or suspect a back, neck, or head injury — movement can worsen spinal injuries. If you are in the road and at risk of being hit again, get to the sidewalk or shoulder only if you can do so safely.

Tell the 911 dispatcher your location, that a pedestrian or cyclist was hit by a car, and whether you are injured. Emergency medical services will be dispatched. Atlanta Fire Rescue and Grady EMS respond to pedestrian and bicycle crashes in the city.

If the driver stops, do not confront them — adrenaline and anger are natural after being hit, but confrontation can hurt your case. If the driver fled, try to note the vehicle's make, model, color, license plate (even a partial), and direction of travel. Ask witnesses to help — bystanders often capture more details than the injured person.

If you are able, photograph the scene with your phone. Photograph the vehicle that hit you, its license plate, the exact location of the crash (crosswalk, intersection, mid-block), traffic signals, and road conditions. Photograph your injuries — road rash, bruising, swelling, broken bones, bleeding. Photograph your bicycle or any personal property that was damaged.

Get the driver's name, phone number, insurance company, policy number, and driver's license number. Get names and phone numbers from every witness. In pedestrian and bicycle crash cases, witness statements about what the driver and the pedestrian/cyclist were doing before the crash are critical — was the driver looking at a phone? Were you in a crosswalk? Was the driver turning without checking for pedestrians?

Look for cameras. Many Atlanta intersections have traffic cameras, and businesses along busy streets often have exterior surveillance. The BeltLine corridor has some camera coverage. Note camera locations and share them with police.

Pedestrian and bicycle crash injuries are inherently severe because there is no vehicle frame or seatbelt protecting you. Common injuries include traumatic brain injuries (even with a helmet, the brain can be damaged by the sudden deceleration), bone fractures (legs, pelvis, arms, ribs), spinal cord injuries, internal organ damage, and severe road rash that may require skin grafting.

Accept ambulance transport to the hospital. Grady Memorial Hospital is Atlanta's Level I trauma center and handles the most serious pedestrian and cyclist injuries. Emory University Hospital and Piedmont Atlanta Hospital are also equipped for significant trauma. For cyclists with head injuries, ensure the ER orders a CT scan — concussions and intracranial bleeding must be ruled out even if you were wearing a helmet.

Follow all treatment recommendations completely. Pedestrian and cyclist injuries often require extensive rehabilitation — physical therapy, occupational therapy, and sometimes long-term care. Keep every appointment and save every bill. Your medical documentation is the foundation of your damage calculation.

Georgia places significant duties on drivers to protect pedestrians and cyclists. Drivers must exercise due care to avoid colliding with any pedestrian (O.C.G.A. 40-6-93). Drivers must yield to pedestrians in crosswalks (O.C.G.A. 40-6-91). Drivers must pass cyclists with at least 3 feet of clearance (O.C.G.A. 40-6-56). Drivers turning at intersections must watch for pedestrians and cyclists before completing the turn.

Pedestrians also have duties — crossing against a signal, jaywalking, or suddenly stepping into traffic can create shared fault. Georgia's comparative negligence rule reduces your compensation by your percentage of fault. But even if you were jaywalking, you can still recover as long as your fault is under 50%. A driver who was speeding, texting, or not watching the road shares significant fault even if the pedestrian was crossing outside a crosswalk.

Cyclists have the same rights and duties as motorists on Georgia roads (O.C.G.A. 40-6-294). They must follow traffic signals, ride with traffic flow, and use lights at night. But a cyclist's failure to follow a traffic rule does not excuse a driver who failed to maintain safe clearance or was not watching the road.

Insurance companies aggressively pursue comparative fault arguments in pedestrian and bicycle cases. Common arguments: the pedestrian was jaywalking, wearing dark clothing at night, distracted by a phone, or intoxicated. For cyclists: riding against traffic, no reflective gear, running a stop sign, or riding on the sidewalk (which is legal in some Atlanta areas but not others).

Even if you share some fault, Georgia law allows recovery as long as your fault is under 50%. A pedestrian who jaywalked but was hit by a speeding, distracted driver might be found 20% at fault — reducing a $100,000 claim to $80,000, but not eliminating it. The driver's negligence (speeding, texting, failing to yield) is weighed against the pedestrian's or cyclist's actions.

Evidence is critical. Surveillance footage showing you in a crosswalk, witness statements confirming the driver was looking at a phone, the police report documenting the driver's speed — all of this protects your claim against comparative fault reduction.

The at-fault driver's liability insurance is the primary source of compensation. Georgia's minimum coverage is 25/50/25 (O.C.G.A. 33-7-11). For serious pedestrian or cyclist injuries — which frequently exceed $25,000 in medical bills alone — the minimum may be insufficient.

Your own auto insurance can help even though you were not in a car. Uninsured motorist (UM) coverage on your auto policy covers you as a pedestrian or cyclist if the at-fault driver is uninsured or underinsured. MedPay on your auto policy covers medical bills regardless of fault. If you do not own a car, a household family member's auto policy may provide UM coverage.

If the at-fault driver fled (pedestrian or cyclist hit-and-run), your UM coverage is your primary path to compensation. Georgia's physical contact requirement for UM hit-and-run claims can be met in pedestrian cases through contact with the vehicle. For cyclists, contact with the vehicle or being run off the road into an obstacle may satisfy the requirement.

Georgia's statute of limitations is 2 years from the date of injury (O.C.G.A. 9-3-33). For wrongful death, the deadline is also 2 years (O.C.G.A. 51-4-1). If a government entity is liable — poor crosswalk design, missing pedestrian signals, inadequate bike lane maintenance — ante litem notice must be filed within 12 months.

Pedestrian and bicycle injuries often require long-term treatment. Do not settle until you understand the full extent of your injuries and future medical needs. But do not let the statute of limitations pass while you are focused on recovery. Consult an attorney early to protect your deadlines.

Hit by a car while walking or cycling in Atlanta? Take our free 2-minute assessment at /assessment/. Answer a few questions about your accident, injuries, and circumstances, and we will provide a personalized report covering fault analysis, insurance coverage, and your legal options — and connect you with an Atlanta attorney experienced in pedestrian and bicycle accident cases.

Being struck by a car while on foot or on a bike is traumatic. The injuries are severe, the recovery is long, and the financial burden is real. Georgia law protects you — drivers have a duty to watch for pedestrians and give cyclists space. If a driver failed that duty, they owe you compensation. Start with the assessment. It is free and confidential.