Hit as a Pedestrian in Atlanta? Learn How a Brain Injury Claim Works

A pedestrian hit by car brain injury Atlanta claim is a personal injury claim. When a vehicle strikes a person on foot and causes a brain injury, the injured person may be able to pursue compensation from the driver or another responsible party. This guide explains the process in plain language. You’ll learn the warning signs, who may be responsible, what a claim can cover, and the key deadline.

What a Pedestrian Brain Injury Claim Is and Who It Is For

A pedestrian brain injury claim is a personal injury claim against the driver, or another responsible party, after a vehicle hits someone on foot and causes a traumatic brain injury. The claim rests on real medical care, not on the crash alone.

It fits people who suffered a head injury that needed medical treatment or hospital care. It also fits families whose loved one died after a head injury in a crash, through a wrongful death claim.

Ugwonali Law Group handles traumatic brain injury, catastrophic injury, car accident, truck accident, and wrongful death matters. The firm serves Fulton, Clayton, Cobb, and Rockdale counties, Marietta, Jonesboro, Conyers, and clients across Georgia. The firm focuses on serious injuries with documented medical treatment, not minor crashes without real injury. If you are helping a family member, you can learn the basics here too.

Signs of Brain Trauma After Being Hit by a Car

Brain injury symptoms can show up at the scene or later, so any head strike deserves medical attention. The Brain Injury Association of America notes that a traumatic brain injury after a motor-vehicle crash may be missed in the emergency room. Medical staff should check for:

• Loss of consciousness, even for a short time
• Memory loss around the crash
• Confusion or disorientation

Call 911 right away if a person passes out, can’t be woken, or seems confused. Because symptoms can appear later, a medical check after any head strike matters, even if the person feels alert.

Keep every record. That includes ER notes, discharge papers, imaging results, and bills. Ask the treating doctor which imaging was done, and request copies of the results.

Who Can Be Responsible When a Driver Hits a Pedestrian

The driver is the first party to examine, and other parties can share responsibility depending on the facts. Georgia law sets clear duties for drivers near people on foot.

Under Georgia law, a driver must stop and remain stopped to allow a pedestrian to cross within a crosswalk when the pedestrian is on the driver’s half of the roadway or approaching within one lane of it (O.C.G.A. § 40-6-91-2018-pdf.pdf)-2018-pdf.pdf)-2018-pdf.pdf)), but subsection (c) of that section provides that this duty does not apply under the conditions stated in subsection (b) of Code Section 40-6-92. Every driver must also use due care to avoid hitting a pedestrian (O.C.G.A. § 40-6-93-2018-pdf.pdf)-2018-pdf.pdf)-2018-pdf.pdf)). Speed matters too. The Georgia Department of Driver Services states that higher vehicle speeds increase the risk of serious or fatal pedestrian injury.

Georgia law can also hold a person responsible for torts a worker commits within the scope of the business (O.C.G.A. § 51-2-2-2017-pdf.pdf)-2017-pdf.pdf)-2017-pdf.pdf)). A work vehicle crash may therefore involve the employer. When the at-fault party carries a commercial or corporate policy, that coverage can change what is available for a claim.

Georgia uses modified comparative fault. Damages are reduced by the injured person’s percentage of fault, and a person who is 50 percent or more responsible recovers nothing (O.C.G.A. § 51-12-33-pdf.pdf)-pdf.pdf)-pdf.pdf)). Useful evidence often includes the police report, witness details, video, vehicle data, and photos from the scene.

What a Brain Injury Claim Can Cover

A claim can seek money for medical costs, lost income, and pain and suffering. The amounts depend on the proof. Georgia law separates general damages from special damages. General damages, such as pain and suffering, are presumed to flow from a wrongful act and do not need proof of a set amount. Special damages must be proven (O.C.G.A. § 51-12-2-2017-pdf.pdf)-2017-pdf.pdf)-2017-pdf.pdf)).

Medical expenses are limited to the reasonable value of medically necessary care, treatment, or services (O.C.G.A. § 51-12-1.1-pdf.pdf)-pdf.pdf)-pdf.pdf)). Common items include emergency care, hospital stays, imaging, rehabilitation, medications, and future care a medical doctor recommends. Future economic damages, such as future medical expenses, living expenses, and lost wages, may be reduced to present value using a 5 percent rate or another rate the trier of fact chooses (O.C.G.A. § 51-12-13-2017-pdf.pdf)-2017-pdf.pdf)-2017-pdf.pdf)).

When a pedestrian dies, Georgia law allows certain family claims. A surviving spouse, or children if there is no surviving spouse, may recover the full value of the decedent’s life, as shown by the evidence (O.C.G.A. § 51-4-2-pdf.pdf)-pdf.pdf)-pdf.pdf)). When death results from a crime or from criminal or other negligence, the personal representative may also recover funeral, medical, and other necessary expenses (O.C.G.A. § 51-4-5-2017-pdf.pdf)-2017-pdf.pdf)-2017-pdf.pdf)). Every claim depends on its own medical records, crash facts, and insurance.

How a Pedestrian Brain Injury Claim Works, Step by Step

A claim usually moves from a case review to medical documentation, investigation, a demand to the insurer, and, when needed, a lawsuit. Timing varies from case to case.

1. Free case review. A first conversation covers the crash, the injuries, and the medical care so far.
2. Medical documentation. Records, imaging results, doctor’s notes, and bills are gathered. The treatment plan comes from the medical doctor.
3. Investigation. The police report is requested, insurers are identified, and video and vehicle evidence is preserved.
4. Claim presentation. A demand goes to the insurer with medical records and documented losses.
5. Negotiation or filing. Settlement talks come first. If needed, a lawsuit is filed in the proper Georgia court.

Georgia generally requires a personal injury lawsuit within two years after the right of action accrues, except for loss of consortium claims, which must be brought within four years after the right of action accrues (O.C.G.A. § 9-3-33). Acting early gives more time to gather records and witness details. The first consultation is free, confidential, and without obligation to continue. If you hire the firm, you may still be responsible for court costs and case expenses.

Why Clients Work With Ugwonali Law Group

Ugwonali Law Group is a personal injury firm at 3400 Peachtree Road NE, Atlanta. Attorney Adanna Ugwonali is the responsible lawyer for this page. Our team includes support staff who help with intake and office work.

The firm’s practice covers truck accidents, car accidents, wrongful death, traumatic brain injury, spinal cord injury, catastrophic injury, premises liability, and slip and fall claims. Clients can reach the team in English or Spanish.

We explain medical records, claim steps, and timelines in plain language. That helps clients and families know what to expect at each stage. We describe only what the firm does and where it works, so you can judge the fit for your own situation.

Common Questions About Pedestrian Brain Injury Claims