Pedestrian Accident Attorney Athens, GA
Pedestrians are probably the most vulnerable road users in any community. When a vehicle strikes a person on foot, there is no protective cage, no seatbelt, and no airbag. The injuries are often severe and the recovery is long. Athens, with its dense pedestrian culture around the University of Georgia campus, downtown Broad Street, the Five Points neighborhood, and the network of residential streets throughout Clarke County, sees the full range of pedestrian accident scenarios.
Our Athens, GA pedestrian accident lawyer represents pedestrian accident victims throughout Clarke County. Founded in 1996 and backed by 66 years of combined attorney experience, Burrow & Associates fights for the full compensation injured pedestrians deserve. Contact us for a free consultation.
Why Choose Burrow & Associates for Pedestrian Accident Cases in Athens, GA?
Knowledge of Georgia’s Pedestrian Laws and the Challenges Injured Walkers Face
Pedestrian accident claims carry a challenge that other vehicle accident claims do not always present as sharply: insurance companies frequently attempt to assign fault to the injured person for being in the roadway. They may argue that the pedestrian was crossing outside a crosswalk, was wearing dark clothing at night, or was distracted. Georgia law does not support the assumption that a pedestrian is at fault simply because an accident happened. Under O.C.G.A. § 40-6-93, every driver of a vehicle has an affirmative duty to exercise due care to avoid colliding with any pedestrian on any roadway, regardless of where the pedestrian is walking. That duty is not eliminated by comparative fault arguments, and our attorneys know how to build the evidence that demonstrates a driver’s failure to meet it.
Our attorneys have handled personal injury cases in Athens, GA across a wide range of injury types throughout Clarke County. We begin helping you as soon as you become our client, walking you through the immediate steps that protect your legal rights.
Michael F. Burrow joined Burrow & Associates in 2007. He earned his Juris Doctorate cum laude from Atlanta’s John Marshall Law School and holds a Master’s Degree in Electrical Engineering from the Georgia Institute of Technology. Before entering the practice of law, Mr. Burrow spent 14 years conducting biomedical research on federally funded programs in collaboration with Emory University and the Medical College of Georgia, and served as Vice President of Operations for DocuSys, Inc., a medical technology company. That analytical and technical background shapes how he builds pedestrian accident cases, evaluates accident reconstruction evidence, challenges fault attributions made by insurers, and presents the full scope of a victim’s losses.
A Documented Record for Injured Clients
Our firm has recovered millions of dollars for injured clients throughout Georgia, including $500,000 in a pedestrian accident settlement and $885,000 in a wrongful death matter. The full value of a pedestrian accident claim depends on a thorough accounting of every category of harm, from immediate medical costs through long-term care, lost earning capacity, and the lasting non-economic impact of serious injury. We pursue that full accounting for every client.
Contingency Fees and No Upfront Costs
Pedestrian accident cases at Burrow & Associates are handled on a contingency fee basis. You pay nothing to retain us and owe no attorney fees unless we recover compensation for you. When you are already facing medical bills and recovery, legal costs should not add to that burden.
Recognized in the Georgia Legal Community
Burrow & Associates is listed on Martindale-Hubbell and carries recognition consistent with Super Lawyers standards, and is involved with the National Trial Lawyers. Nearly three decades of practice representing injured Georgians reflects the depth of commitment clients in serious injury cases need.
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“I was totally satisfied with the level of professionalism and services provided by the Burrow and Associates team. Keep up the good work!” — Josie Lloyd
Read more reviews on our Google Business Profile.
Types of Pedestrian Accident Cases We Handle in Athens
Pedestrian accidents in Athens and Clarke County arise from a wide range of driver failures. We handle all of the following.
- Crosswalk accidents. Under O.C.G.A. § 40-6-91, drivers must stop and remain stopped for pedestrians in crosswalks. When a driver fails to yield in a marked or unmarked crosswalk and strikes a pedestrian, that statutory violation establishes the driver’s negligence. The UGA campus, downtown Athens, and Five Points each have heavily used crosswalks where driver failures regularly produce serious injuries.
- Mid-block and non-crosswalk accidents. Crossing outside a marked crosswalk is legal in Georgia as long as the pedestrian yields to traffic. Critically, even when a pedestrian is outside a crosswalk, the driver’s duty of due care under O.C.G.A. § 40-6-93 remains fully in effect. Insurers routinely attempt to shift fault to pedestrians who are not in crosswalks, and we are experienced in countering those arguments with accident reconstruction and eyewitness evidence.
- Hit-and-run accidents. The Governors Highway Safety Association reports that 1 in 4 pedestrian deaths in 2023 involved a hit-and-run driver. When a driver flees after striking a pedestrian, Georgia’s uninsured motorist statute provides the primary path to recovery.
- Nighttime pedestrian accidents. Nationally, 74 percent of pedestrian fatalities occur in dark conditions. Drivers operating in low-light environments have a heightened obligation to exercise due care. When a driver strikes a pedestrian at night due to excessive speed, distraction, or failure to use proper headlights, that conduct may support both compensatory and punitive damages.
- Catastrophic injuries. Spinal cord injuries, traumatic brain injuries, severe fractures, amputations, and internal organ damage are all common outcomes when a pedestrian is struck by a vehicle at any meaningful speed. These cases require a comprehensive approach to damages that accounts for permanent disability and decades of future medical costs.
- Wrongful death. When a pedestrian is killed by a negligent driver, surviving family members in Georgia may pursue both wrongful death and survival action claims. The rising rate of pedestrian fatalities in Georgia and nationwide means these cases are an increasingly important part of our wrongful death practice.
- Student and campus area pedestrian accidents. The area immediately surrounding the University of Georgia generates some of the highest pedestrian traffic densities in Athens, particularly on game days and during class changes. Drivers who fail to exercise appropriate care in these high-foot-traffic areas face a heightened standard when their negligence causes injury to students, faculty, or visitors.
- Distracted and impaired driver pedestrian crashes. Distracted driving and alcohol-impaired driving are among the leading causes of pedestrian fatalities nationally. When a driver’s distraction or impairment causes a pedestrian crash, the claim may include both full compensatory damages and a punitive damages analysis.
Georgia Legal Requirements for Pedestrian Accident Cases
Understanding the legal framework governing pedestrian rights and driver duties in Georgia is essential to protecting your claim and countering the arguments insurers will raise.
The foundational statute is O.C.G.A. § 40-6-93, which imposes an affirmative duty on every driver of a vehicle to exercise due care to avoid colliding with any pedestrian upon any roadway, to give warning by sounding the horn when necessary, and to take special precautions upon observing any child or any obviously confused, incapacitated, or intoxicated person. This duty applies regardless of where the pedestrian is walking and regardless of whether the pedestrian has the technical right of way. A driver who violates this duty of due care and strikes a pedestrian may be found negligent under Georgia law.
O.C.G.A. § 40-6-91 requires drivers to stop and remain stopped for pedestrians in marked and unmarked crosswalks once the pedestrian is on the driver’s half of the roadway or within one lane of the driver’s half. Drivers behind a stopped vehicle may not pass that vehicle while it is stopped at a crosswalk for a pedestrian. Violation of this statute can constitute negligence per se. Under O.C.G.A. § 40-6-92, when a pedestrian crosses outside a crosswalk, the pedestrian must yield to vehicles. Between adjacent signalized intersections, pedestrians must use marked crosswalks. However, a pedestrian’s comparative fault for crossing outside a crosswalk does not relieve the driver of the driver’s duty of due care under § 40-6-93.
Georgia’s modified comparative fault rule under O.C.G.A. § 51-12-33 applies to pedestrian accident claims. Your recovery is reduced in proportion to your share of fault and is eliminated entirely at 50% or more. Insurers regularly attempt to assign elevated fault percentages to pedestrians to minimize exposure. Independent evidence, accident reconstruction, and witness testimony are essential tools for establishing the driver’s predominant responsibility. The statute of limitations is two years from the date of the accident under O.C.G.A. § 9-3-33.
What Damages Are Recoverable in an Athens Pedestrian Accident Case?
Georgia law permits pedestrian accident victims to pursue comprehensive compensation for every category of harm the crash caused.
Economic damages cover all documentable financial losses. Medical expenses from emergency transport and treatment, hospitalization, surgery, rehabilitation, assistive devices, and all projected future care needs are fully recoverable. For pedestrians who sustain serious or permanent injuries, the future cost projection is often the largest component of the total claim. Lost wages from time missed at work and any reduction in future earning capacity due to permanent disability are compensable. Property damage and all out-of-pocket costs directly tied to the accident and recovery are also included.
Non-economic damages address the losses that do not appear on any bill but are profound and lasting. Pain and suffering, emotional distress, loss of enjoyment of life, permanent scarring or disfigurement, and the impact of serious injuries on daily functioning and personal relationships are all recognized under Georgia law.
Punitive damages are available under O.C.G.A. § 51-12-5.1 when the driver’s conduct was willful, wanton, or reckless. When a drunk or drug-impaired driver strikes a pedestrian, when a driver runs a red light at high speed in a busy pedestrian area, or when a driver consciously disregards a known risk to people on foot, the punitive analysis is a meaningful part of the claim. A $250,000 cap applies in most cases but does not apply when the defendant was impaired by alcohol or drugs or acted with specific intent to harm. The Georgia Department of Driver Services and the National Safety Council are authoritative resources on driver obligations and pedestrian safety data that contextualize these claims.
Contact Burrow & Associates
If you or a family member were injured in a pedestrian accident in Athens or anywhere in Clarke County, Burrow & Associates is ready to evaluate your case. There are no upfront fees and no costs of any kind unless we recover compensation for you. Consultations are free, and we make every effort to respond the same day.
Contact us to speak with our Athens pedestrian accident attorney about your options.
