
- June 12, 2025
- Attorney David Mann
- Car Accidents Personal Injury
Are you wondering what to do after being hit by a car as a pedestrian?
Unfortunately, American roads are not safe for pedestrians. According to the Governors Highway Safety Association, 7,500 pedestrians died after accidents involving cars in the U.S. in 2022, making it the worst year for pedestrian deaths in four decades.
Getting struck by a car while walking is something nobody plans for. One moment you’re crossing the street or walking down the sidewalk, and the next you’re in immense pain and dealing with injuries that could last for months, years, or the rest of your life.
It can be difficult to stay composed at a difficult time like this. However, it’s important to remember that the steps you take in the aftermath of a pedestrian accident can have a big impact on your compensation entitlements later on, so it’s crucial to know what to do after a pedestrian accident.
What to Do After Being Hit by a Car
At the scene of a pedestrian accident, the textbook steps include calling 911, exchanging information with the driver involved, taking photos, getting witness contacts, and seeking immediate medical attention. However, most pedestrian accident victims don’t start thinking about compensation until they’ve left the scene of the collision, so we’ll assume that, if you’re reading this, you’re past that point.
Now, the next steps you need to take are as follows:
- Create a detailed accident record: Write down every detail you can remember. Where were you? What were you doing? What did the driver do before and after the crash? Were there any weather factors like rain or poor visibility? What time of day was it?
- Organize your physical evidence: Save your clothes, shoes, and any items that were damaged during the incident, such as your phone. Don’t wash the clothes you were wearing — just put them aside in case they’re needed for evidence later.
- Seek and continue medical treatment: Even if you went to the hospital or received urgent care right after the accident, follow up with your regular doctor or a specialist. Injuries like traumatic brain injuries (TBIs), internal bleeding, and musculoskeletal damage often worsen over time. As well as being important for your recovery, continuing medical care will document your injuries for any future claim.
- Start saving all medical records and bills: ER discharge papers, doctor’s notes, physical therapy receipts, results from X-rays and MRIs, and prescriptions can all come in handy when you’re seeking compensation after a pedestrian accident.
- Be cautious about what you say publicly: Insurance companies and defense lawyers will scour your social media for anything they can use to fight your claim. Seemingly innocuous comments are often twisted to argue that accident victims are exaggerating their injuries. As well as being careful with written posts, you should also avoid publishing any photos or videos of yourself engaging in physical activity until your claims process concludes.
- Contact a lawyer: For all but the most minor of accidents, you’ll need an attorney on your side to ensure your rights are protected. Most pedestrian accident attorneys (including David Mann) offer free initial consultations, so it won’t cost you anything to have a discussion about your case and learn what your next steps should be.
Contacting the Driver’s Insurance Company
Once you’ve gathered your evidence, the next big hurdle is dealing with insurance.
In Georgia, every driver must carry at least $25,000 per person and $50,000 per accident in bodily injury liability coverage. Unfortunately, this level of coverage won’t pay for anything more than minor injuries. Additionally, accessing that money isn’t always straightforward.
Another complication is that Georgia drivers aren’t always insured, and they don’t always remain at the scene of an accident long enough to exchange details. In cases involving an uninsured driver or a hit-and-run, you may have options through your own auto policy’s Uninsured/Underinsured Motorist (UM/UIM) coverage. Even if you were walking rather than driving, your own auto policy may cover you as a pedestrian.
Never accept a quick settlement without talking to a car accident attorney first. Insurance companies offer fast cash hoping you’ll accept a lowball payout before the true scope of your injuries becomes clear.
When to Contact a Lawyer
Some of our clients reach out immediately after an accident. Others wait until insurance negotiations turn sour or medical bills start piling up. There’s no wrong time to seek advice—generally speaking, though, the sooner you contact a lawyer, the better.
An experienced pedestrian accident lawyer does more than file paperwork. They will . . .
- Investigate the crash scene
- Track down witnesses
- Request surveillance footage
- Handle all communication with insurers
- Calculate your current and future damages
- Negotiate aggressively for a full settlement
- Take the case to court if needed.
When you hire a competent lawyer, insurance companies know they can’t lowball you without a fight.
When Is a Driver Liable for a Pedestrian Accident?
Liability in a pedestrian crash is not always clear-cut. Georgia law expects drivers to exercise “due care” around pedestrians (O.C.G.A. § 40-6-93). This means that even if a pedestrian isn’t in a marked crosswalk, a driver still has a duty to avoid hitting them if possible.
Drivers are usually liable when they:
- Fail to yield at crosswalks
- Drive distracted, such as by their phone or onboard navigation system
- Speed or drive recklessly
- Drive under the influence of alcohol or drugs
- Ignore weather or traffic conditions
- Fail to exercise caution around vulnerable populations.
It’s also important to understand comparative negligence. If you, as a pedestrian, are found partially at fault, the court will reduce your damages by your percentage of fault. But, you can still recover compensation as long as you are less than 50% responsible.
Talk to a Georgia Pedestrian Accident Attorney Who Puts You First
Our team fights every day for clients who were injured by careless drivers. We’ll stand by your side, build a powerful case, and make sure your voice is heard. If you or a loved one has been hit by a car in Georgia, contact our experienced pedestrian accident lawyers today for a free consultation. You can reach us by calling (478) 742-3381 or by filling out our online contact form.