TL;DR:

If you were injured as a pedestrian in a truck accident, you can file a claim against the truck driver, trucking company, or other liable parties. Start by seeking medical attention, gathering evidence, and obtaining the police report. Then, filing an insurance claim and consult a truck accident lawyer to ensure you receive full compensation for medical bills, lost wages, and pain and suffering.

Key Highlights:

• Step 1: Get Medical Attention – Prioritize your health and create a medical record of your injuries.
• Step 2: Gather Evidence – Take photos, collect witness statements, and secure the police report.
• Step 3: Identify Liable Parties – The truck driver, trucking company, or third parties may be responsible.
• Step 4: File an Insurance Claim – Report the accident to the relevant insurers and provide documentation.
• Step 5: Consult a Truck Accident Lawyer – A lawyer can help prove fault and negotiate a fair settlement.

Pedestrians are among the most vulnerable road users, especially in collisions involving large trucks. Unlike occupants of passenger vehicles, pedestrians have no physical protection, making these accidents particularly devastating. According to the National Highway Traffic Safety Administration (NHTSA), pedestrian fatalities in traffic accidents have increased by over 50% in the past decade, with many involving commercial trucks. In Georgia, bustling urban areas and high-speed roadways contribute to the rising number of pedestrian-truck accidents.

When a pedestrian is struck by a truck, the consequences can be life-altering, often resulting in traumatic brain injuries, spinal cord damage, or even wrongful death. Georgia law provides legal pathways for victims to seek compensation. Under Georgia Code § 40-6-93, truck drivers are required to exercise due care to avoid hitting pedestrians. Additionally, Georgia Code § 51-1-6 allows injured victims to hold negligent parties accountable for their damages, including medical bills, lost wages, and pain and suffering.

Can a Pedestrian File a Claim After a Truck Accident?

Yes, if a truck driver’s negligence caused the accident, a pedestrian can file a personal injury claim or lawsuit. However, truck accident claims can be more complex due to multiple potential liable parties, including the trucking company, truck manufacturer, or even government entities responsible for road safety.

In Georgia, O.C.G.A. § 40-6-91 states that pedestrians generally have the right of way at crosswalks, but this does not mean truck drivers are automatically at fault in every case. Proving negligence is critical to winning a claim.

When Is the Truck Driver Liable?

A truck driver may be found negligent if they:

• Were distracted (texting, eating, or adjusting GPS).
• Were speeding or failed to yield to a pedestrian.
• Ran a red light or ignored a stop sign.
• Were under the influence of drugs or alcohol.
• Drove recklessly in a pedestrian-heavy area.

When Is the Trucking Company Liable?

A trucking company may be responsible if:

• The driver was overworked due to illegal scheduling.
• The company failed to properly train the driver.
• The truck was not properly maintained, leading to brake or tire failures.
• The company pressured drivers to meet unrealistic deadlines, increasing risky behavior.

Other Liable Parties

• Truck manufacturers – If a defective vehicle part caused the accident.
• Government agencies – If poor road design, missing crosswalks, or defective traffic lights contributed to the crash.
• Third-party drivers – If another driver’s negligence forced the truck into the pedestrian’s path.

Step-by-Step Guide: How to Claim for Truck Accident Injuries as a Pedestrian

If you or a loved one has been injured in a truck accident as a pedestrian, knowing the right steps to take can make all the difference in securing fair compensation. This guide will walk you through the claims process, ensuring you understand your legal rights and options.

Step 1: Seek Immediate Medical Attention

• Even if injuries are not immediately visible, internal damage or head trauma may exist.
• Medical records serve as key evidence in a personal injury claim.
• Under O.C.G.A. § 9-3-33, injury claims must be filed within two years, but medical documentation should be gathered immediately.

Step 2: Report the Accident and Obtain a Police Report

• Call 911 and request an official police report.
• Ensure officers document road conditions, truck driver behavior, and any witnesses.
• Georgia’s police accident reports play a crucial role in proving liability.

Step 3: Gather Evidence from the Scene

• Take photos/videos of:
  • The truck’s license plate, company name, and any visible damage.
  • Traffic signals and road conditions.
  • Your injuries before treatment.
• Get witness statements and contact information.

Step 4: Consult a Truck Accident Attorney

Speaking with a truck accident attorney after an accident is very vital. Attorneys understand the complexity of trucking accidents and can better understand liable parties and also the maximum damages and claims to be filed. 

Step 5: Identify the Liable Party

• If the truck driver was negligent, their employer may also be responsible.
• A personal injury attorney can investigate the trucking company’s records for violations of federal trucking regulations (FMCSA).

Step 6: File a Claim Against the Truck Driver’s Insurance

• Commercial truck drivers carry higher insurance coverage than standard drivers.
• Georgia law requires a minimum of $750,000 in liability insurance for trucks involved in interstate commerce (FMCSA 49 CFR § 387.9).

Step 7: Consider Filing a Lawsuit Against the Trucking Company

• If insurance does not cover all expenses, a lawsuit may be necessary.
• A claim can demand medical expenses, lost wages, pain and suffering, and long-term disability costs.

Compensation for Pedestrian Truck Accident Victims

Pedestrians hit by a truck may seek compensation for:

• Medical Expenses – Emergency treatment, surgeries, rehabilitation.
• Lost Wages – Compensation for time off work and lost future earnings.
• Pain and Suffering – Physical pain, emotional distress, PTSD.
• Wrongful Death Claims – If a pedestrian dies, their family can file for funeral costs, loss of companionship, and lost financial support.
• Punitive Damages – Awarded if the driver’s actions were extremely reckless (e.g., drunk driving).

Georgia’s Comparative Negligence Rule: Can You Still Recover Compensation If You Were Partially at Fault?

• O.C.G.A. § 51-12-33 follows a modified comparative negligence rule.
• If a pedestrian is found less than 50% responsible, they can still recover damages, but the amount is reduced by their percentage of fault.
• If the pedestrian is 51% or more at fault, they cannot recover damages.

Example:

• If a pedestrian was jaywalking but the truck driver was speeding, the court may assign 20% fault to the pedestrian and 80% to the truck driver.
• If the victim was awarded $100,000, they would receive $80,000 after the 20% reduction.

How Our Atlanta Truck Accident Lawyer Can Help You

Truck accident claims involving pedestrians are highly complex, especially when dealing with trucking companies and commercial insurers. Our attorneys will:

• Investigate driver logs, truck maintenance records, and black box data.
• Work with accident reconstruction experts to prove negligence.
• Negotiate with insurance companies to secure maximum compensation.
• Handle all legal filings and courtroom representation if a lawsuit is necessary.

If you or a loved one was injured in a pedestrian-truck accident, contact us for a free evaluation to discuss your case.

Conclusions

Pedestrians injured in truck accidents have legal rights and can file a claim for compensation. Liability may fall on the truck driver, the trucking company, or even a third party, depending on the circumstances of the crash.

By seeking medical care, gathering evidence, and working with an experienced attorney, victims can increase their chances of securing maximum compensation.

If you need legal guidance after a pedestrian-truck accident, contact us for a free evaluation to understand your rights and legal options.