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Tucker has a walkability problem, and its traffic volume makes it worse. Lawrenceville Highway, Hugh Howell Road, and Mountain Industrial Boulevard were engineered to move cars, not people. Pedestrians who cross them do so at intersections where drivers routinely roll through the crosswalk without looking.
Our office is on Hugh Howell Road, in the same commercial district where many of these collisions happen. We represent pedestrians injured in Tucker, Stone Mountain, Clarkston, Decatur, Northlake, and throughout DeKalb County.
The cases we handle cluster in a handful of predictable places:
Georgia gives pedestrians real protection. Under O.C.G.A. § 40-6-91, a driver must stop and yield to a pedestrian in a crosswalk, and that duty applies whether or not the crosswalk is marked. A driver who fails to yield, who turns across a crosswalk, or who fails to keep a proper lookout is negligent.
The defense almost always argues that the pedestrian “came out of nowhere” or crossed illegally. That is a fault argument, not a shield from liability. Georgia applies modified comparative fault under O.C.G.A. § 51-12-33: your recovery is reduced by your share of the fault and barred only if you were 50% or more at fault. We document sight lines, signal timing, lighting, and the driver’s speed so a jury sees exactly what that driver could see.
A large share of pedestrian strikes are hit-and-run. Do not assume that ends your claim. Uninsured motorist coverage on your own auto policy generally follows you as a pedestrian and covers family members living in your household. Before we file anything, we review every policy in the home, including umbrella and business coverage, to identify what is actually available.
Without a steel frame, airbags, or a seat belt, a pedestrian absorbs the entire impact. The injury pattern is distinctive: traumatic brain injury, spinal cord injury, pelvic and femur fractures, tibia and fibula fractures, internal bleeding, facial and dental trauma, degloving injuries, and death. Recovery is long and expensive, and it rarely ends at the hospital discharge.
Georgia generally allows two years to file under O.C.G.A. § 9-3-33, but evidence disappears faster than the deadline does. Surveillance video gets overwritten, and witnesses move. If you searched for a pedestrian accident lawyer near me and found us, the first thing we will do is send a preservation letter so the video still exists when we need it.
Read more about our Georgia pedestrian accident practice, our Tucker traumatic brain injury attorneys, our Tucker rideshare accident attorneys, and our Tucker personal injury practice.
What if I was crossing outside a crosswalk? You can still recover. Georgia law places a duty on drivers to exercise ordinary care for pedestrians even where there is no marked crosswalk. Crossing outside one may be treated as fault on your part, which reduces your recovery under the Georgia modified comparative fault rule, but it does not bar the claim unless you were 50% or more at fault.
The driver stopped and gave me their information. Do I still need a lawyer? Often, yes. The first offer from the insurer is calculated against an incomplete medical picture, and a fracture or head injury can cost far more than the initial emergency visit suggests. An early evaluation costs you nothing and protects the deadline.
How long do I have to file a pedestrian injury claim in Georgia? Two years from the date of the crash in most cases, under O.C.G.A. § 9-3-33. Claims against a government entity or a government-owned vehicle have much shorter notice deadlines, so those need to be evaluated immediately.
Lamar Law Office, LLC — Atlanta LegalCare. 4500 Hugh Howell Road, Suite 140, Tucker, GA 30084. Call 1-877-227-3404 for a free consultation. More than legal service. We care.
Our Tucker office at 4500 Hugh Howell Road handles these claims throughout DeKalb County and metro Atlanta. Each guide covers how the claim works under Georgia law, what the local evidence looks like, and what our attorneys do first.