East Point Pedestrian Accident Lawyer
Pedestrian accidents in East Point are a serious and growing problem. The city’s MARTA rail station generates heavy foot traffic, and many East Point residents rely on walking and public transit to get around. When vehicles strike pedestrians on Main Street, Cleveland Avenue, and near the East Point MARTA station, the injuries are almost always severe.
The pedestrian accident lawyers at Wetherington Law Firm represent pedestrians injured by negligent drivers throughout East Point on a contingency fee basis.
Call 404-888-4444 for a free consultation. Se habla español: 404-793-1667.
Why Pedestrian Accidents Are Common in East Point
East Point’s road infrastructure was designed primarily for vehicles, but many residents travel on foot. The East Point MARTA station is one of the city’s busiest destinations, and MARTA riders must cross busy streets to reach homes, workplaces, and shops. Many sections of Cleveland Avenue, Washington Road, and other East Point corridors lack adequate sidewalks, crosswalks, and pedestrian signals.
Dangerous Areas for Pedestrians
East Point MARTA Station: The area around the station generates heavy pedestrian traffic. Riders crossing streets, buses entering and exiting the transit center, and rideshare vehicles create a complex, hazardous environment.
Main Street: Downtown East Point’s commercial corridor sees pedestrians walking between restaurants, shops, and parking areas. Vehicle traffic shares narrow lanes with people on foot.
Cleveland Avenue: Heavy traffic, high speeds, and limited pedestrian infrastructure make this a dangerous corridor for walkers. Bus stops along Cleveland Avenue lack safe crossing points.
Washington Road: Airport-related traffic mixed with local pedestrians creates hazards, particularly near hotel and commercial areas.
Common Causes of Pedestrian Accidents
- Distracted driving — drivers on phones or GPS near the airport area
- Failure to yield at crosswalks (O.C.G.A. § 40-6-91)
- Turning vehicles failing to check for pedestrians
- Speeding on Cleveland Avenue and Washington Road
- Poor visibility at night — inadequate street lighting
- Rideshare and shuttle drivers making sudden stops near MARTA
Pedestrian Accident Injuries
Pedestrian accident injuries are among the most severe of all traffic injuries because the human body has no protection from the force of a vehicle impact. Even a vehicle traveling at 25 mph can cause life-threatening injuries to a pedestrian.
- Traumatic brain injuries: The most common cause of pedestrian fatalities. TBI can range from concussion to severe brain damage, resulting in cognitive impairment, personality changes, and permanent disability.
- Spinal cord injuries: Impact with a vehicle or the ground can damage the spinal cord, potentially causing partial or complete paralysis. Lifetime medical costs for spinal cord injuries can exceed $2 million.
- Multiple fractures: Legs, hips, pelvis, ribs, and arms are frequently broken when a pedestrian is struck. Complex fractures may require multiple surgeries and months of rehabilitation.
- Internal organ damage: Blunt force trauma from vehicle impact can damage the liver, spleen, kidneys, and lungs. Internal bleeding may be life-threatening if not promptly treated.
- Disfigurement and scarring: Road rash from sliding on pavement, surgical scars, and disfigurement from impact injuries cause permanent physical changes and psychological trauma.
Seek emergency treatment at Wellstar Atlanta Medical Center South or Grady Memorial Hospital (a Level I trauma center) immediately after any pedestrian accident.
Georgia Pedestrian Laws
O.C.G.A. § 40-6-91 — Driver’s duty at crosswalks: Drivers must stop or yield for pedestrians in crosswalks and exercise due care to avoid collisions with any pedestrian on the roadway. This statute creates a strong legal foundation for pedestrian accident claims in East Point.
O.C.G.A. § 40-6-92 — Pedestrian duties outside crosswalks: Pedestrians crossing outside of marked crosswalks must yield the right of way to vehicles. However, this does not relieve drivers of their duty to exercise due care. A driver who sees or should see a pedestrian in the road must take reasonable steps to avoid a collision, regardless of whether the pedestrian is in a crosswalk.
O.C.G.A. § 51-12-33 — Comparative negligence: Even a jaywalking pedestrian can recover compensation as long as they are less than 50 percent at fault. The recovery is reduced by the pedestrian’s fault percentage. For example, if a pedestrian is found 30 percent at fault for crossing outside a crosswalk, but the driver was 70 percent at fault for speeding, the pedestrian recovers 70 percent of their damages.
O.C.G.A. § 9-3-33 — Statute of limitations: Two years from the date of the accident. Two years from the date of death for wrongful death claims arising from pedestrian fatalities.
MARTA-Related Pedestrian Accidents in East Point
The East Point MARTA station is one of the most active pedestrian zones in the city. MARTA riders arriving by train walk to homes, workplaces, and bus connections, crossing busy streets including Main Street and the roads surrounding the transit center. Several factors make this area particularly dangerous:
- Pedestrian volume: Hundreds of MARTA riders pass through the East Point station daily, creating heavy pedestrian traffic on surrounding streets.
- Bus-pedestrian conflicts: MARTA buses entering and exiting the transit center create blind spots and turning conflicts with pedestrians.
- Rideshare pick-up zones: Rideshare vehicles stopping unpredictably near the station force pedestrians to navigate around stopped cars and into traffic.
- Inadequate crossing infrastructure: Not all pedestrian crossing points near the station have adequate signals, crosswalks, or lighting, especially for the volume of foot traffic the station generates.
When a MARTA vehicle is involved in a pedestrian accident, the claims process is different from a standard vehicle accident. MARTA is a government entity, and claims against MARTA require compliance with specific ante-litem notice provisions before a lawsuit can be filed. Failure to provide timely ante-litem notice can bar your claim entirely. An experienced pedestrian accident attorney ensures all procedural requirements are met.
Pedestrian Accident Injuries Require Extensive Treatment
Pedestrian accident injuries are among the most severe of all traffic injuries because the human body has no protection from the force of a vehicle. Treatment often involves:
- Emergency surgery: Many pedestrian accident victims require emergency surgery for internal bleeding, organ damage, or complex fractures.
- Extended hospitalization: Hospital stays of days to weeks are common, with associated costs running into the tens or hundreds of thousands of dollars.
- Multiple surgeries: Complex fractures, particularly of the legs, hips, and pelvis, often require multiple surgeries including hardware placement and later removal.
- Rehabilitation: Physical therapy, occupational therapy, and cognitive rehabilitation (for traumatic brain injury patients) can continue for months or years.
- Permanent disability: Many pedestrian accident victims suffer permanent limitations — chronic pain, mobility restrictions, cognitive impairment, or inability to return to work.
Treatment for East Point pedestrian accident victims typically begins at Wellstar Atlanta Medical Center South or Grady Memorial Hospital, a Level I trauma center equipped to handle the most severe injuries. Documenting every stage of your treatment is critical for your personal injury claim.
What to Do After Being Hit by a Car in East Point
- Call 911 or East Point Police at (404) 761-2177. A police report is essential evidence.
- Seek immediate medical attention. Do not decline the ambulance if one is offered. Many life-threatening injuries, including internal bleeding and traumatic brain injuries, are not immediately apparent.
- Stay at the scene if you are physically able. Georgia law requires the driver to remain at the scene, and your presence helps ensure accurate documentation.
- Document the scene if possible — photograph the intersection, crosswalk or lack thereof, traffic signals, the vehicle, and your injuries.
- Get the driver’s information — name, insurance, license plate, and contact details. Get witness contact information.
- Do not accept blame. Do not tell the driver or police that you should have been more careful or that the accident was your fault.
- Contact a pedestrian accident lawyer before giving any recorded statements or accepting any settlement offers from the driver’s insurance company.
Hit by a Car in East Point? Call for a Free Consultation.
Call 404-888-4444. Se habla español: 404-793-1667.
Frequently Asked Questions
Where do most pedestrian accidents happen in East Point?
Most pedestrian accidents occur near the East Point MARTA station, on Main Street in the downtown commercial area, along Cleveland Avenue where pedestrian infrastructure is limited, near bus stops where riders cross busy roads to catch or exit buses, and on Washington Road where airport-area traffic creates hazards.
What should I do if hit by a car as a pedestrian in East Point?
Call 911 or East Point Police at (404) 761-2177. Accept ambulance transport if offered. Seek treatment at Wellstar Atlanta Medical Center South or Grady Memorial Hospital. Document the scene if physically able. Get the driver’s information and witness details. Do not accept blame. Contact a pedestrian accident lawyer before speaking with the driver’s insurance company.
Can I recover compensation if I was jaywalking when hit in East Point?
Yes. Georgia’s comparative negligence law (O.C.G.A. § 51-12-33) allows recovery as long as you are less than 50 percent at fault. Drivers have a legal duty to exercise due care to avoid hitting pedestrians regardless of where the pedestrian is crossing (O.C.G.A. § 40-6-91). Even if you were outside a crosswalk, the driver may still bear the majority of fault if they were speeding, distracted, or failed to keep a proper lookout.
What compensation is available for pedestrian accident victims?
Medical expenses (past and future), lost wages, lost earning capacity, pain and suffering, emotional distress, disfigurement and scarring, disability, loss of enjoyment of life, and in some cases punitive damages. Pedestrian injuries are typically severe, resulting in substantial claim values.
How long do I have to file a pedestrian accident claim in East Point?
Two years from the accident under O.C.G.A. § 9-3-33. Two years from date of death for wrongful death claims. However, if a government entity (such as MARTA or the City of East Point) is involved, shorter ante-litem notice deadlines may apply. Contact an attorney promptly to protect all of your deadlines.
What if poor road design contributed to my pedestrian accident?
If inadequate crosswalks, missing pedestrian signals, poor lighting, or other road design deficiencies contributed to your accident, the government entity responsible for the road (the City of East Point, Fulton County, or GDOT) may bear liability. These claims have specific procedural requirements, including ante-litem notice, that must be met before filing suit.