Pedestrian Accident Lawyer

Robert J. Hartigan is the founding attorney of Lionhart Injury Law and a fierce advocate for pedestrian accident victims in Massachusetts and Georgia. A Super Lawyers Rising Star in 2021, 2022, and 2026 and a Boston Magazine Top Lawyer in 2021, Robert has recovered more than $15 million for personal injury victims. Pedestrians suffer the most severe injuries of any road users when struck by vehicles, and Robert approaches these cases with the urgency and thoroughness they demand. He recovered $200,000 for clients including a mother and daughter struck by a drunk driver. He handles pedestrian accident cases in Boston, Atlanta, and Decatur on a contingency fee basis with no upfront costs.

When a vehicle strikes a pedestrian, there is almost nothing to absorb the impact except the human body. Even a collision at a relatively low speed can cause devastating injuries, including traumatic brain injuries, spinal cord damage, multiple fractures, internal injuries, and permanent disabilities. In the most tragic cases, a pedestrian never makes it home.

These crashes often happen in an instant. A driver looks at a phone instead of the road, speeds through an intersection, fails to yield while turning, drives while impaired, or simply does not see a pedestrian until it is too late. But determining legal responsibility is not always as simple as determining who had the right of way. The location of the pedestrian, traffic signals, visibility, vehicle speed, driver behavior, and actions of everyone involved can all matter.

My job is to find out exactly what happened. I investigate the circumstances surrounding the crash, preserve the evidence needed to prove fault, identify every party who may be responsible, and fight for the full compensation available to the injured pedestrian and their family.

If you or a loved one was injured while walking, I invite you to call my office at 1-855-343-0997 to schedule a free consultation.

What Causes Pedestrian Accidents?

Pedestrian crashes frequently happen because a driver fails to recognize a person in or approaching the roadway until there is no longer enough time to stop. Distraction is one cause, but it is far from the only one.

Common causes and contributing factors include:

• Distracted driving, including texting, phone use, navigation systems, or other distractions inside the vehicle
• Speeding or driving too fast for conditions, which can reduce the time available to recognize and react to a pedestrian
• Failure to yield at a crosswalk
• Unsafe left or right turns through an intersection where pedestrians are crossing
• Running red lights or stop signs
• Drunk or drug-impaired driving
• Backing accidents in parking lots, driveways, and other areas where pedestrians and vehicles share space
• Poor visibility, particularly at night, dawn, dusk, or during bad weather
• Failure to use reasonable care in residential areas, school zones, parking lots, and other locations where pedestrians should be anticipated

Visibility can become one of the most contested issues in a pedestrian accident case. An insurer may argue that the pedestrian was difficult to see because of darkness, clothing, weather, or the location of the collision. I look at the entire environment, including street lighting, headlights, sight lines, traffic signals, surrounding businesses and cameras, vehicle speed, and whether a reasonably attentive driver should have seen the pedestrian in time to react.

Georgia Pedestrian Accident Law

Georgia law establishes responsibilities for both motorists and pedestrians.

Under O.C.G.A. § 40-6-91, a driver must stop and remain stopped to allow a pedestrian to cross within a crosswalk when the pedestrian is on the driver’s half of the roadway or is approaching within one lane of that half of the roadway. The statute also protects pedestrians using certain unmarked crosswalks at intersections, so the absence of painted crosswalk lines does not necessarily mean a pedestrian had no right of way.

Pedestrians also have responsibilities. For example, O.C.G.A. § 40-6-92 generally requires a pedestrian crossing somewhere other than a marked crosswalk or an unmarked crosswalk at an intersection to yield to vehicles on the roadway, unless the pedestrian has already entered the roadway under safe conditions. Between adjacent intersections with operating traffic signals, pedestrians generally must use a marked crosswalk.

What If the Pedestrian Shares Some Responsibility?

A violation of a pedestrian rule does not automatically end an injury claim. Georgia applies modified comparative fault under O.C.G.A. § 51-12-33.

If a pedestrian is found partially responsible for the accident, compensation can be reduced according to that percentage of fault. If the pedestrian is 50% or more responsible, recovery is generally barred.

That makes evidence particularly important in cases where the driver or insurance company claims the pedestrian “came out of nowhere” or was crossing improperly. I investigate what the driver was doing before impact, how fast the vehicle was traveling, where the pedestrian entered the roadway, available sight distance, lighting, traffic controls, witness accounts, and available video or electronic evidence.

How Long Do You Have to File a Pedestrian Accident Claim in Georgia?

Under O.C.G.A. § 9-3-33, a Georgia action for injuries to the person generally must be filed within two years after the claim accrues. For a typical pedestrian accident, that will usually mean two years from the collision.

However, exceptions can change the deadline, and claims involving government entities can have separate notice requirements. The safest approach is to determine the applicable deadlines as soon as possible rather than assuming you have two years.

Massachusetts Pedestrian Accident Law

Massachusetts law also imposes specific duties on drivers approaching pedestrians in crosswalks.

Under M.G.L. c. 89, § 11, when traffic signals are not present or operating, a driver must yield to a pedestrian crossing within a properly marked crosswalk when the pedestrian is on the driver’s half of the roadway or has approached within 10 feet of that half. Drivers are also prohibited from passing another vehicle that has stopped at a marked crosswalk to allow a pedestrian to cross.

As in Georgia, however, liability depends on the circumstances of the particular collision. The fact that a pedestrian was outside a marked crosswalk does not automatically make the pedestrian responsible for being hit.

PIP Coverage for Massachusetts Pedestrians

Massachusetts’ no-fault insurance system can be particularly important when the injured person was walking rather than driving.

Under M.G.L. c. 90, § 34A, Personal Injury Protection can provide benefits to a pedestrian struck by an insured motor vehicle, regardless of fault. PIP provides up to $8,000 per person in covered benefits, including qualifying medical expenses and a portion of lost income, although health insurance, policy provisions, and other circumstances can affect how those benefits are paid.

PIP is separate from the pedestrian’s potential liability claim against the driver who caused the accident. I examine both the available no-fault benefits and the liability insurance and other coverage that may be available for the pedestrian’s broader damages.

Comparative Negligence in Massachusetts

Massachusetts applies modified comparative negligence under M.G.L. c. 231, § 85. An injured pedestrian may recover when their negligence was not greater than the combined negligence of the person or persons from whom recovery is sought. Any award is reduced according to the pedestrian’s percentage of responsibility.

Personal injury actions are generally subject to a three-year limitations period under M.G.L. c. 260, § 2A, although exceptions and other deadlines can apply.

Common Injuries in Pedestrian Accidents

Pedestrians can suffer injuries to multiple parts of the body in a single collision. There may be an initial impact with the vehicle followed by a second impact with the windshield, hood, pavement, or another object.

Serious pedestrian accident injuries can include:

• Traumatic brain injuries: A direct blow to the head or violent acceleration and deceleration can cause a traumatic brain injury, with effects ranging from concussion symptoms to permanent cognitive or neurological impairment.
• Spinal cord injuries: Damage to the vertebrae, discs, nerves, or spinal cord can result in chronic pain, loss of function, or paralysis. Learn more about spinal cord injuries.
• Pelvic and lower-extremity fractures: The initial point of impact frequently involves the legs, hips, or pelvis. Complex fractures may require surgery, implanted hardware, rehabilitation, and lengthy periods without full weight-bearing.
• Arm and shoulder injuries: A pedestrian may suffer fractures, dislocations, or soft-tissue injuries during the initial impact or when striking the ground.
• Internal injuries: Trauma to the chest or abdomen can damage organs and cause internal bleeding requiring emergency treatment.
• Severe lacerations and scarring: Broken glass, pavement, and direct impact can produce wounds resulting in permanent scars or disfigurement.
• Fatal injuries: When a pedestrian collision results in death, surviving family members may have rights under state wrongful death law. Learn more about wrongful death claims.

The value of a pedestrian injury claim should account for more than the bills that have already arrived. As a pedestrian accident attorney with nearly a decade of legal experience, I consider the long-term consequences of the injury, including future treatment, lost earning capacity, permanent limitations, pain, emotional effects, and changes to the person’s independence and quality of life.

Hit-and-Run Pedestrian Accidents

A driver leaving the scene does not necessarily mean there is no way to recover compensation.

I investigate hit-and-run pedestrian accidents for evidence that may help identify the vehicle or driver, including traffic cameras, surveillance footage from nearby homes and businesses, witness statements, vehicle debris, license plate information, and police investigative records.

Even when the driver cannot be identified, insurance coverage may still be available. Depending on the applicable policy and state law, uninsured motorist coverage may provide compensation after a hit-and-run accident. Potential coverage can sometimes extend beyond the most obvious policy, which is why I review potentially applicable automobile and household insurance policies before concluding that no additional coverage exists.

Pedestrian Accident Lawyer Serving Boston, Atlanta, and Decatur

I represent people injured in pedestrian accidents throughout the communities served by Lionhart Injury Law’s Massachusetts and Georgia offices. These cases can look very different depending on whether the collision occurred in a downtown intersection, residential neighborhood, parking lot, commercial corridor, or multilane highway.

For information focused specifically on pedestrian accidents in the Atlanta area, visit my Atlanta Pedestrian Accident Lawyer page.

Frequently Asked Questions About Pedestrian Accidents

Who is at fault if I was hit while crossing outside a crosswalk?

Crossing outside a crosswalk does not automatically make you responsible for the accident. Pedestrians and drivers both have legal duties, and fault depends on what each person did before the collision.

In Georgia, pedestrians crossing outside a marked crosswalk or an unmarked crosswalk at an intersection generally must yield to vehicles, subject to the specific provisions of Georgia law. But a driver’s speed, attentiveness, ability to see the pedestrian, and opportunity to avoid the collision can still be relevant. Massachusetts similarly applies comparative negligence principles rather than automatically assigning all fault to a pedestrian simply because the collision occurred outside a crosswalk.

Does Georgia’s comparative fault law apply to pedestrian accidents?

Yes. Under O.C.G.A. § 51-12-33, a pedestrian’s recovery can be reduced by their percentage of fault. A pedestrian who is 50% or more responsible generally cannot recover. This is one reason I investigate the driver’s conduct rather than accepting an insurer’s claim that the pedestrian caused the collision.

Can I recover compensation if the driver fled the scene?

Potentially, yes. If police cannot identify the hit-and-run driver, uninsured motorist coverage may apply, depending on the policy and applicable state law. I also investigate whether other potentially applicable automobile or household policies provide coverage and look for evidence that may identify the driver.

What compensation can a pedestrian accident victim recover?

Depending on the facts and applicable law, damages may include past and future medical expenses, lost income, diminished earning capacity, pain and suffering, emotional distress, permanent impairment or disfigurement, and other losses caused by the injury. Serious injuries may also create future costs for rehabilitation, assistive equipment, home modifications, or long-term care.

When a pedestrian accident results in death, separate wrongful death and estate-related damages may be available under the law of the state where the claim is brought.

How long do I have to file a pedestrian accident lawsuit in Georgia or Massachusetts?

Georgia personal injury claims are generally subject to a two-year limitations period under O.C.G.A. § 9-3-33. Massachusetts personal injury actions are generally subject to a three-year limitations period under M.G.L. c. 260, § 2A.

Exceptions, tolling provisions, and separate notice requirements can change those deadlines, particularly when a government entity is involved. It is important to identify the actual deadline for your case as early as possible.

What should I do after being hit by a car as a pedestrian?

Call 911 and seek medical attention immediately. If you can safely do so, photograph the vehicle, intersection, roadway, traffic signals, surrounding conditions, and your injuries. Obtain the driver’s identifying and insurance information and contact information for witnesses.

Avoid speculating about fault at the scene. You should also be cautious about providing recorded statements or signing insurance documents before understanding your rights and obligations. Contact me as soon as you are medically able so I can begin preserving evidence and investigating the collision.

Can a family file a wrongful death claim after a fatal pedestrian accident?

Yes, when the requirements of the applicable state’s wrongful death law are satisfied, but Georgia and Massachusetts handle these claims differently.

In Georgia, O.C.G.A. § 51-4-2 generally gives the surviving spouse priority to pursue the wrongful death claim for a spouse, followed by the decedent’s children when there is no surviving spouse. Different provisions apply to the death of a child and situations in which no person otherwise entitled to bring the claim survives. The decedent’s personal representative may also have separate claims for certain expenses under O.C.G.A. § 51-4-5.

In Massachusetts, a wrongful death action is brought by the executor or administrator of the deceased person’s estate under M.G.L. c. 229, § 2 for the benefit of the people entitled to the recovery. Massachusetts generally requires the action to be commenced within three years of death or within three years from when the executor or administrator knew or reasonably should have known the factual basis for the claim, subject to additional statutory provisions.

Learn more on my Wrongful Death Lawyer page.

What if the driver claims I was jaywalking?

Do not assume that allegation determines the outcome of your case. Where you crossed the roadway is relevant, but it is only one part of the fault analysis.

I investigate what both the pedestrian and driver were doing before impact, including the driver’s speed, attentiveness, visibility, sight distance, traffic controls, lighting conditions, braking and reaction, and whether the driver had an opportunity to avoid the collision. The goal is to determine responsibility from the evidence rather than from a label like “jaywalking.”

Ready to Fight for You. Contact Lionhart Injury Law for a Free Consultation.
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