If a car hits you on a sidewalk in Georgia, the driver is often responsible because drivers must use reasonable care and maintain control of their vehicles. Distracted, impaired, speeding, and backing drivers can cause these crashes. Insurance coverage may come from the driver, your own uninsured or underinsured motorist coverage, or medical payments coverage. Most personal injury lawsuits in Georgia must be filed within two years.
When a car hits you on the sidewalk in Atlanta, it can feel impossible. You were not crossing a street. You were not in a crosswalk. You were in the one place built for people on foot. Yet a driver left the road and hit you anyway.
If you were hit by a car on the sidewalk in Georgia, you may have a strong injury claim. This guide explains why these crashes happen, who may be responsible, and what to do next. For an overview of your legal options, visit our pedestrian accidents practice page.
Why Sidewalk Crashes Happen in Atlanta
A car that reaches a sidewalk has gone wrong somewhere. These crashes often happen in busy parts of Atlanta, such as Midtown, Buckhead, Downtown, Little Five Points, and along Peachtree Street, where sidewalks sit close to traffic.
Common causes include:
- Distracted driving: A driver looks at a phone and drifts off the road. Georgia’s Hands-Free law restricts holding or using a phone in certain ways while driving.
- Drunk or drugged driving: Impaired drivers may lose control and jump a curb.
- Speeding: High speeds make it harder to maintain control, especially on curves.
- Driver fatigue: Falling asleep behind the wheel can cause sudden swerves.
- Backing up or pulling out: Cars leaving driveways, garages, and parking spaces can cross a sidewalk where people are walking.
- Pedal mix-ups: Drivers may accidentally press the accelerator instead of the brake near stores and parking areas.
- Another crash: A collision can push a vehicle onto the sidewalk.
- Mechanical failure: Defective brakes, tires, or steering components can contribute to a loss of control.
Each cause may point to a different person or company that could be held responsible. That is why it is important to investigate exactly what happened.
Who Is Liable When You Are Hit by a Car on the Sidewalk in Georgia?
In many cases, the driver is responsible. Drivers have a legal duty to use reasonable care and keep their vehicles under control. Under Georgia law, ordinary negligence generally means failing to use the care that a reasonably careful person would use under similar circumstances (O.C.G.A. § 51-1-2).
Georgia law also requires drivers to exercise due care to avoid colliding with pedestrians under O.C.G.A. § 40-6-93. Although the statute addresses pedestrians on roadways, a sidewalk collision still requires an examination of the driver’s conduct and the circumstances of the crash. Violations of traffic laws, such as Georgia’s hands-free driving law (O.C.G.A. § 40-6-241) or DUI law (O.C.G.A. § 40-6-391), may provide evidence relevant to negligence.
Other parties may also be involved:
- A vehicle owner: An owner may potentially be responsible under applicable law if they entrusted the vehicle to an unsafe driver.
- An employer: An employer may share responsibility if the driver was working at the time, such as while making a delivery.
- A repair shop or parts manufacturer: A defective repair or vehicle component may have contributed to the crash.
- A property owner or business: In some circumstances, a dangerous property condition or inadequately protected parking area may have contributed to the incident.
If the driver was making a delivery when the crash occurred, our guide to being hit by a delivery van while walking in Atlanta explains how employer and company liability may be evaluated.
What About a “Sudden Medical Emergency” Defense?
Sometimes a driver claims they passed out, had a seizure, or suffered a sudden illness before the crash. Depending on the facts, Georgia law may recognize a defense when a driver experiences a genuinely sudden and unforeseeable medical emergency that causes them to lose control.
Whether this defense applies depends on the evidence. A lawyer may review medical records, the driver’s medical history, and whether the driver had prior warning signs. If a driver knew about a condition that could affect their ability to drive or ignored medical advice, those facts may affect the analysis.
Will My Own Fault Matter If I Was on the Sidewalk?
Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33. If you are found to be 50% or more responsible for your injuries, you generally cannot recover damages. If you are less than 50% responsible, your recovery may be reduced by your percentage of fault.
Sidewalk cases may present strong arguments in favor of the pedestrian because sidewalks are intended for people walking. Still, insurers may argue that you were looking at your phone, wearing headphones, or stepped into a vehicle’s path near a driveway. The strength of those arguments depends on the facts and available evidence, including video footage and witness statements.
Read our guide to comparative negligence in Georgia to learn more about how fault can affect an injury claim.
Common Injuries in Sidewalk Pedestrian Accidents
A car does not have to be traveling at high speed to cause serious harm. People on foot have little protection from the force of a vehicle. Injuries may include:
- Broken legs, hips, and pelvis
- Head injuries and traumatic brain injuries
- Spinal cord damage
- Internal bleeding and organ damage
- Crushing injuries
- Deep scrapes, cuts, and permanent scarring
- Emotional trauma, including fear of walking near traffic
Learn more about these conditions in our guide to common pedestrian accident injuries.
Some injuries may not become apparent until hours or days after a crash. Seeking medical attention promptly can help identify injuries and create a record of your condition.
Evidence to Save After a Sidewalk Crash
Evidence in sidewalk accident cases can disappear quickly, especially surveillance footage from nearby businesses and homes. If you are able to do so safely, try to preserve the following:
- Photos and videos of the vehicle, sidewalk, tire marks, curb damage, surrounding area, and your injuries
- The police report and report number
- The driver’s name, license information, license plate, and insurance details
- Witnesses’ names and contact information
- Surveillance footage from shops, apartment buildings, doorbell cameras, and available traffic cameras
- Medical records and bills from your first medical visit onward
- Your clothing and shoes, kept in a bag without washing or altering them
Many business cameras overwrite older recordings within days or weeks. An attorney may be able to send a preservation letter requesting that relevant footage be retained. Acting promptly can help protect evidence that may be important to your claim.
What Insurance Can Pay for a Pedestrian Hit on the Sidewalk?
You may have more than one potential source of payment after a sidewalk accident, depending on the circumstances and the applicable insurance policies:
- The driver’s liability insurance: The at-fault driver’s policy may cover eligible damages, subject to policy limits and applicable law.
- Your own uninsured or underinsured motorist coverage: This coverage may apply to a pedestrian injured by an uninsured driver or a driver whose insurance is insufficient. Read our guide to being hit by an uninsured or underinsured driver in Georgia.
- Medical payments coverage: If your auto policy includes this coverage, it may pay certain medical expenses regardless of who caused the crash, subject to the policy terms.
- Health insurance: Your health plan may cover treatment, although repayment claims or other obligations may apply later.
- Employer or commercial insurance: Additional coverage may be available if the driver was working when the crash occurred.
Be careful with medical liens and insurance repayment claims. These obligations can affect the amount you ultimately keep from a settlement or judgment. A lawyer can help identify which claims apply and explain how they may affect your recovery.
What to Do After You Are Hit by a Car on the Sidewalk in Georgia
- Call 911. If you may be seriously injured, request emergency assistance and avoid moving unnecessarily if movement could worsen your injuries.
- Get medical care. Do not skip an ambulance or emergency evaluation simply because you initially feel okay.
- Get the driver’s information. If it is safe, obtain the driver’s name, contact details, and insurance information. Do not put yourself at further risk.
- Take photos and videos. Document the scene, vehicle, sidewalk, and visible injuries if you can do so safely.
- Ask for the police report number. Record the responding officer’s details if available.
- Be cautious with insurance statements. Avoid giving a recorded statement to the other driver’s insurer before understanding your rights.
- Keep an injury journal. Record your pain, treatment, missed work, and the ways your injuries affect daily activities.
- Speak with a pedestrian accident lawyer. Consider getting legal advice before accepting a settlement or signing a release.
Georgia Deadlines
Under O.C.G.A. § 9-3-33, most personal injury lawsuits in Georgia must be filed within two years of the date the injury occurred. Exceptions may apply depending on the circumstances. If a government entity may be involved, such as a city vehicle or an allegedly unsafe public property, special notice requirements and shorter deadlines may apply.
Waiting can also make it harder to obtain surveillance footage, locate witnesses, and preserve other evidence. Speaking with a lawyer promptly can help you understand which deadlines apply to your situation.
Talk to an Atlanta Pedestrian Accident Lawyer
If a car hit you on the sidewalk, you should not have to navigate the aftermath alone. KP Law Group represents injured pedestrians across Fulton, DeKalb, and Cobb Counties. The firm works to hold careless drivers accountable and explain legal options in plain language.
Learn more about your options on our pedestrian accidents practice page.
Frequently Asked Questions
1. Can I sue if a car hit me on the sidewalk in Georgia?
Yes, in many cases. A driver who leaves the road and hits a pedestrian on a sidewalk may be negligent. Depending on the evidence, you may be able to seek compensation for medical expenses, lost income, pain and suffering, and other losses. Liability depends on the circumstances of the crash.
2. Who pays my medical bills if I was hit on the sidewalk?
Payment may come from the driver’s liability insurance, your own uninsured or underinsured motorist coverage, medical payments coverage on an auto policy, or health insurance. Which sources apply depends on the available policies and the facts of the accident. A lawyer can also help you understand potential liens and repayment obligations.
3. What if the driver says they had a medical emergency?
A sudden, unforeseeable medical event may provide a defense under certain circumstances, but whether it applies depends on the evidence. If the driver knew about a medical condition or ignored warnings that made driving unsafe, those facts may affect the defense. Medical records and driving history may be important.
4. Can I still recover if I was looking at my phone when I was hit?
Possibly. Georgia uses modified comparative negligence. If you are less than 50% responsible, you may still recover damages, reduced by your share of fault. If you are 50% or more responsible, you generally cannot recover. The evidence will determine how fault is allocated.
5. How long do I have to file a pedestrian accident lawsuit in Georgia?
Most personal injury lawsuits must be filed within two years of the injury under O.C.G.A. § 9-3-33. Claims involving government entities may have additional notice requirements and shorter deadlines. Speak with a lawyer promptly to understand the deadlines that may apply to your case.
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Disclaimer: This article is for general information only and is not legal advice. Every case is different, and past results do not guarantee a future outcome.