Marietta, Georgia
Pedestrian Accident Lawyer for Marietta, Georgia
If a driver hit you while you were crossing near the Marietta Square, along Roswell Street, Powder Springs Street or anywhere else in the city, the first thing an insurer usually argues is that you weren't where you were supposed to be. Georgia law is more specific than that argument. Our office is in Chamblee, and we represent people struck while walking throughout Cobb County — with no fee unless we recover for you.
Injury claims in Marietta
Marietta's downtown square draws heavy foot traffic to restaurants, shops and events, while Cobb Parkway, the South Marietta Parkway loop, Roswell Street and Powder Springs Street carry the vehicle volume that crosses those same paths. That mix produces two recurring patterns: collisions at marked crosswalks near the square, where a turning driver misjudges a pedestrian already in the roadway, and collisions on wider commercial stretches away from downtown, where drivers assume no one is crossing outside a signal.
Most pedestrian claims come down to one statute, and most insurers only tell you the part that helps them. O.C.G.A. § 40-6-91 requires a driver to stop, and stay stopped, for a pedestrian in a crosswalk on the driver's half of the roadway — and "half of the roadway" means every lane carrying traffic in that direction, not just the driver's own lane. The same statute bars any vehicle from passing a car that has already stopped for a pedestrian, and it also states that a pedestrian may not suddenly leave a curb into the path of a vehicle too close to stop. That second part is the sentence insurers lead with. The first two are just as much the law, and they are usually the more relevant ones.
O.C.G.A. § 40-6-93 adds a separate, broader duty: every driver must exercise due care to avoid hitting a pedestrian, regardless of who technically had the right of way, and must sound a horn when necessary to give warning. A driver who says "I had the right of way" has not necessarily said anything that ends a claim.
Georgia follows modified comparative negligence under O.C.G.A. § 51-12-33: you can still recover if you're found partly at fault, as long as your share is under 50%, with your award reduced by that percentage. Where you were standing and how you crossed affects that percentage — it does not automatically end the claim, no matter how confidently an adjuster states otherwise.
Local Considerations
Insurance Coverage After a Pedestrian Crash
Georgia's minimum liability coverage is $25,000, which frequently falls short of what a serious pedestrian injury actually costs — a pedestrian absorbs an impact with nothing between them and the vehicle. Your own uninsured/underinsured motorist coverage, or a resident relative's, can apply even though you were on foot, not driving. Hit-and-run cases specifically turn on UM coverage, since there is no at-fault driver's policy to pursue at all until one is identified.
Evidence That Matters in a Marietta Pedestrian Case
Signal-timing data and traffic-camera footage near downtown intersections, nearby business and doorbell camera footage — which is often overwritten within days — and same-hour photographs of the crossing and sightlines are the evidence that actually answers who had the right of way, rather than leaving it to competing accounts of what happened.
Cobb County Courts
If a Marietta pedestrian claim proceeds to a lawsuit, it is filed in Cobb County. The Superior Court of Cobb County, which handles general civil and criminal matters, sits at 70 Haynes Street in Marietta. The State Court of Cobb County, which handles traffic and related matters, sits on the Marietta Square itself at 12 East Park Square. Knowing which court a case belongs in, and why, is a routine part of building it correctly from the start.
Georgia's Filing Deadline
Most Georgia personal injury claims, including pedestrian accident claims, must be filed within two years under O.C.G.A. § 9-3-33. If a City of Marietta or Cobb County vehicle or roadway defect was involved, a much shorter written-notice deadline applies — often a matter of months — and that possibility should be reviewed immediately.
No SinghToro Law Office in Marietta
Our office is in Chamblee, and we represent people throughout Cobb County by phone, video and in person when that's useful to the case.
How We Help Marietta Clients
Pedestrian accidents
Claims for people struck while walking near the Marietta Square and along the city's commercial corridors, built on signal data, footage and Georgia's crosswalk statute rather than assumption.
Reading for Marietta
Written for people dealing with this exact situation.
Pedestrian Accident Claims in Marietta: What You Need to Do
what to do right after a Marietta pedestrian accident
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