Crossing the Street Shouldn’t Be Deadly, but in Georgia It Too Often Is

Pedestrian fatalities are among the most devastating cases we handle. In Atlanta, the combination of heavy traffic, distracted drivers, and limited pedestrian infrastructure creates dangerous conditions. When a loved one is killed in a pedestrian accident, the loss is not just emotional — it often comes with significant financial consequences, including lost income, medical bills, and funeral expenses. Georgia law gives families the right to pursue justice and compensation, but strict deadlines and legal requirements apply.

Under O.C.G.A. § 51-4-2, certain surviving family members — typically the spouse, children, or parents — have the right to bring a wrongful death claim for “the full value of the life of the decedent.” This includes both tangible losses, such as income the person would have earned, and intangible losses, like companionship, care, and guidance.

O.C.G.A. § 51-4-2(a): “The surviving spouse or, if there is no surviving spouse, a child or children may recover for the homicide of a spouse or parent the full value of the life of the decedent, as shown by the evidence.”

How Liability Is Determined

In Georgia, liability for a fatal pedestrian accident is generally based on negligence. To win a wrongful death claim, we must prove that the driver owed a duty of care, breached that duty, and caused the fatal injuries. Violations of traffic laws — such as failing to yield to pedestrians under O.C.G.A. § 40-6-91, can be powerful evidence of negligence.

O.C.G.A. § 40-6-91(a): “The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling.”

Damages Available In Georgia Fatal Pedestrian Accident Claims

There are typically two types of claims: the wrongful death claim, which compensates the family for the loss of the loved one’s life, and the estate claim, which covers the decedent’s medical expenses, funeral costs, and pain and suffering before death under O.C.G.A. § 51-4-5. These claims are often pursued together to ensure the family receives the maximum available compensation.

Statute Of Limitations

In most cases, Georgia’s statute of limitations for wrongful death claims is two years from the date of death, under O.C.G.A. § 9-3-33. Missing this deadline can permanently bar recovery. Acting quickly allows us to preserve evidence, interview witnesses, and work with accident reconstruction experts before key details are lost.

Frequently Asked Questions About Fatal Pedestrian Accident Claims In Georgia

Who Can File A Wrongful Death Claim In Georgia?

In Georgia, the surviving spouse has the first right to file. If there is no spouse, the children may file. If there are no spouse or children, the parents of the deceased can bring the claim.

What Damages Can Be Recovered In A Fatal Pedestrian Accident Case?

Families may recover the “full value of the life” of the deceased, which includes lost wages, benefits, and services, as well as intangible losses like companionship and care. An estate claim may also recover medical expenses, funeral costs, and pain and suffering.

Does Comparative Negligence Affect The Case?

Yes. In Georgia, if the pedestrian was partially at fault, for example, crossing outside a crosswalk — damages can be reduced proportionally. If the pedestrian is found 50% or more at fault, the family cannot recover.

How Long Do We Have To File A Claim?

Generally, you have two years from the date of death under O.C.G.A. § 9-3-33. However, certain circumstances, such as ongoing criminal prosecution related to the death, can extend this deadline.

Can Criminal Charges Against The Driver Help My Case?

Yes. While a criminal conviction is not necessary for a civil wrongful death claim, evidence from the criminal case, such as DUI charges under O.C.G.A. § 40-6-391, can strengthen your civil case and support a finding of negligence or recklessness.

Do We Have To Go To Trial?

Not necessarily. Many fatal pedestrian accident claims are resolved through settlement negotiations, but we prepare every case as if it will go to trial to ensure we are ready if litigation becomes necessary.

How Are Settlements Distributed Among Family Members?

In Georgia, the distribution depends on the number of eligible family members. If there is a spouse and children, the spouse receives at least one-third of the recovery, with the remainder divided equally among the children.

Call Shani O. Brooks P.C. Today For Legal Help

Losing a loved one in a pedestrian accident is devastating. At Shani O. Brooks P.C., we are committed to helping families secure justice and fair compensation after a fatal pedestrian

accident. From our Atlanta office, we handle wrongful death claims throughout the state of Georgia, protecting families’ rights and preserving their financial future.

Contact our Atlanta car accident attorney at Shani O. Brooks P.C. Attorneys at Law by calling 404-920-4736 to receive your free consultation. We will review your case, explain your legal options, and fight for the maximum recovery you deserve.