When a Pedestrian Is Killed, Your Family Deserves Clear Answers

In many cases a family may be able to bring a claim, but that depends on the facts of each case. A civil claim is separate from any criminal case, and filing deadlines may affect whether a claim can proceed. Georgia law lets certain family members bring a wrongful death claim when a spouse or parent is killed, and that can include a pedestrian struck by a car. This guide explains who can file, what a claim can cover, and why timing matters.

Can a Family Sue After a Pedestrian Is Killed by a Car in Georgia?

Yes, when the person who died was a spouse or parent. Under O.C.G.A. § 51-4-2, a surviving spouse may recover for the death. If there is no surviving spouse, the child or children may recover.

A child’s death follows its own section, O.C.G.A. § 51-4-4. If no one is entitled to sue under those sections, the administrator or executor may bring the claim for the next of kin under O.C.G.A. § 51-4-5.

A pedestrian crash can involve a personal car, a company vehicle, or a commercial truck. Identifying the at-fault driver and its insurance early helps a family understand who may be responsible. Families often feel rushed at this stage, and that is normal.

What a Georgia Wrongful Death Claim Can Recover

A surviving spouse, or if there is no surviving spouse, a child or children, may seek the full value of the decedent’s life, as shown by the evidence.

• Full value of the life. Georgia ties this amount to the evidence in each case. It is not a set number, and no one can name the figure in advance. In Georgia, the surviving spouse or, if there is no surviving spouse, the decedent’s child or children may recover the full value of the life of the decedent, as shown by the evidence, under O.C.G.A. § 51-4-2.
• Funeral, medical, and other necessary expenses. A personal representative may recover these when death results from a crime or from criminal or other negligence. (O.C.G.A. § 51-4-5)
• Necessary expenses from the injury. Georgia law treats necessary expenses from an injury as a legitimate item in the damages estimate. (O.C.G.A. § 51-12-7)
• Protection from debts. A recovery under this section is not subject to the decedent’s debts or the estate’s debts. (O.C.G.A. § 51-4-2)

Survivors should ask how each part applies to their own situation. The division and the total depend on who survives and what the evidence shows.

Proving Fault in a Pedestrian Crash

A family must show that the driver’s negligence caused the death. Georgia’s rules of the road help define what careful driving near pedestrians looks like.

• With limited exceptions, a driver in Georgia has to stop and remain stopped for a pedestrian crossing in a crosswalk, marked or unmarked, when the pedestrian is on the half of the road the vehicle is traveling on, or is approaching and within one lane of the half of the road the vehicle is traveling on or turning onto. (O.C.G.A. § 40-6-91)
• Under O.C.G.A. § 40-6-92, a pedestrian crossing a roadway outside a marked crosswalk or an unmarked crosswalk at an intersection must yield the right of way to vehicles unless the pedestrian has already, and under safe conditions, entered the roadway.
• Georgia law also requires every driver to exercise due care to avoid colliding with any pedestrian, to sound the horn when necessary, and to take proper precautions upon observing any child or any obviously confused, incapacitated, or intoxicated person, under O.C.G.A. § 40-6-93.

Pedestrians have duties too. A person who suddenly leaves a curb into the path of a car that cannot practically yield is addressed in O.C.G.A. § 40-6-91.

Evidence that often matters includes the crash report, photos of the scene and vehicle, video from cameras or dashcams, witness names, and medical and death records. Video can be overwritten and vehicles repaired, so early requests matter.

Under O.C.G.A. § 51-12-33, an injured person’s damages are reduced in proportion to his or her own percentage of fault, and a plaintiff who is 50 percent or more responsible for the injury or damages claimed is not entitled to receive any damages.

Insurance adjusters may ask for a recorded statement early. Families can speak with counsel before giving one.

The Two-Year Deadline and Why Early Steps Matter

Georgia’s general rule is that actions for injuries to the person must be brought within two years after the right of action accrues. (O.C.G.A. § 9-3-33)

How that period applies to a specific death depends on the facts, so families should ask early. A lawyer can review the date of death, the parties, and any related proceedings.

Under O.C.G.A. § 9-3-99, the running of the filing deadline for a tort claim brought by the victim of an alleged crime committed in Georgia, which arises out of the facts and circumstances of that alleged crime, is tolled, meaning paused, from the date of the crime until the prosecution has become final or otherwise terminated, provided that the tolling does not exceed six years. That pause has a six-year cap and exceptions, so families should not count on it. (O.C.G.A. § 9-3-99)

Starting early leaves time to request records, identify insurance, and preserve evidence. A late filing can end a claim, so families should not wait for an insurer or a criminal case to finish before asking questions.

How the Claim Process Works, Step by Step

A claim usually moves from a first consultation to evidence gathering, then to a demand to the insurer. A lawsuit is filed only if the claim does not resolve.

1. First consultation. The first consultation is free and confidential, with no obligation to continue. The family shares the crash details, the death, and the timeline.
2. Investigation. Our team helps gather the crash report, medical and death records, and any video or witness information.
3. Identifying coverage. The team identifies the at-fault party’s liability insurance, including any commercial policy, and presents the claim.
4. Negotiation. The insurer may respond with an offer. The family reviews any offer before deciding whether to accept it.
5. Filing, if needed. If the claim does not resolve, a lawsuit is filed before the deadline. Discovery, depositions, and possible mediation or trial follow.

Each stage can take a different amount of time. The timing depends on the facts and the parties involved, so the timeline is never the same from one case to the next.

Why Families Work With Ugwonali Law Group

Ugwonali Law Group is led by attorney Adanna Ugwonali, who is the responsible lawyer for this page. The firm represents people hurt in serious crashes and families in wrongful death cases.

• Practice areas: truck and car accidents, wrongful death, traumatic brain and spinal cord injuries, catastrophic injury, premises liability, and slip and fall.
• Service area: metro Atlanta and statewide across Georgia.
• Office: 3400 Peachtree Road NE, Atlanta, Georgia.
• Language: intake is available in English or Spanish.
• Support: our team includes support staff who help coordinate records and calls, and our team explains each step in plain language.

Common Questions Families Ask

Talk With Our Intake Team About Your Family’s Situation

If you are reading this after a sudden death, you may be grieving while trying to understand deadlines and insurance. You do not have to work through those questions alone.

Our intake team can talk with you in English or Spanish about what happened and what comes next. Request a free case evaluation with Ugwonali Law Group.

General information, not legal advice. Responsible lawyer: Adanna Ugwonali, Ugwonali Law Group, 3400 Peachtree Road NE, Atlanta, Georgia.