Filing a Pedestrian Accident Claim in Gwinnett County: A Comprehensive Guide

If you were struck by a motorist while traveling on foot in Peachtree Corners, you might wonder if you have grounds for a civil suit. The first step in filing a pedestrian accident claim in Gwinnett County is to speak with a qualified injury attorney. A knowledgeable lawyer could review your case to see if you qualify for financial compensation.

What Are Your Main Priorities Right After a Pedestrian Accident in Gwinnett County?

After a pedestrian accident, the following hours and days can be overwhelming—but your choices matter. Your priorities should be protecting your health, documenting what happened, and getting legal guidance before contacting any insurance company.

1. Get Medical Care Immediately After Your Accident in Gwinnett County

Getting medical attention as soon as possible is one of the most important steps an injured pedestrian can take. It’s not just about protecting your health—it’s about protecting your claim, too.

In pedestrian accidents, injuries are often severe due to the lack of physical protection. But not all injuries are obvious right away. Internal bleeding, concussions, or spinal injuries might not show symptoms until hours—or even days—after the crash. Seeing a doctor immediately ensures these issues are caught early, potentially preventing serious complications.

Remember that every medical visit creates documentation. These records are critical evidence that ties your injuries directly to the accident. Insurance adjusters will look for inconsistencies or delays in care to cast doubt on your claim, so timing matters. Early and consistent treatment shows that your injuries are legitimate and that you’ve taken your recovery seriously.

Moreover, recovery doesn’t stop at the ER. Stick to your treatment plan, attend follow-up appointments, and don’t skip physical therapy or specialist visits. Your attorney will use this timeline to demonstrate the full scope of your injuries—and your commitment to healing.

2. Start Gathering Evidence to Support Your Pedestrian Accident Claim

While your pedestrian accident attorney in Gwinnett County will handle the legal heavy lifting, you can help build a stronger case by preserving key evidence early on.

Document the Scene

If you’re able—or if someone you trust is present—capture photos or video at the scene. Focus on:

• The location of the crash (crosswalk, sidewalk, intersection, etc.)
• The vehicle involved and any visible damage
• Your injuries, clothing, or personal items affected
• Traffic lights, signage, and road conditions

These images help paint a clear picture of what happened and can be hard to recreate later.

Get Witness Contact Information

Third-party witness statements can add credibility to your version of events. If anyone saw the accident, ask for their name and contact info. Your attorney may follow up with them later to obtain a formal statement or deposition.

Request the Police Report

In Gwinnett County, law enforcement typically responds to pedestrian accidents. The police report includes details like involved parties, initial observations, and any citations issued. This report can be instrumental in proving fault and is something your attorney will want to review.

Track Your Recovery and Financial Losses

Start a file with:

• Medical bills and treatment summaries
• Pharmacy receipts
• Missed workdays and pay stubs
• Notes about pain levels, mobility issues, or emotional distress

The evidence will help you quantify damages like lost wages, pain and suffering, and long-term care needs. The more thorough your documentation, the easier it is for your attorney to build a case that fully reflects your losses.

3. Begin Your Search for a Pedestrian Accident Lawyer in Gwinnett County

One of the smartest moves you can make after receiving medical care is contacting a local attorney who handles pedestrian accident claims. In Georgia, personal injury law—including pedestrian injury cases—is based on the concept of negligence. To recover compensation, you’ll need to show that the driver was careless or reckless and that their actions directly caused your injuries.

What If You Were Partially At Fault?

Georgia follows a modified comparative negligence rule. This means you can still recover damages if you were less than 50% at fault—but your damages will be lowered by your fault percentage. For instance, fault may be shared if you crossed outside a crosswalk, but the driver was speeding or distracted. Insurance companies know this rule and will often try to shift as much blame onto you as possible to minimize payouts.

Insurance Companies Are Not On Your Side

Even if liability seems clear, pedestrian accident claims are rarely straightforward. The driver’s insurer may downplay your injuries, question your actions, or pressure you into a low settlement. If your medical bills are stacking up or you’ve missed work, it’s easy to feel pushed into accepting whatever they offer.

A skilled pedestrian accident lawyer in Gwinnett County will protect you from these tactics. Your attorney will:

• Investigate the accident and gather strong evidence
• Handle all communication with the insurance companies
• Help you understand how Georgia law applies to your situation
• Fight to ensure fault is properly assigned
• Pursue full compensation for your medical bills, lost wages, pain, and future care

Having a lawyer on your side not only levels the playing field—it shows the insurer you’re serious. And when you’re recovering from a serious injury, that kind of support is not just helpful—it’s essential.

What to Do Before Filing a Pedestrian Injury Claim

Before filing a case, an injured pedestrian should make sure they have gathered all the evidence for the attorney to review. The attorney should know what their goals are in the case, and the attorney could assess the claimant’s losses to make sure there are adequate damages to file a case.

An attorney needs to make sure the injured pedestrian does not talk to anybody on any legal basis, especially not the insurance company. The attorney’s office should deal with the insurers. While the injured person can help with collecting evidence,  they should have no direct contact with the at-fault driver’s insurance company.

Steps in Filing a Civil Claim in Gwinnett County

To file a pedestrian accident case, a person must first send a demand to the insurance company, and if the insurance company does not want to give the full value of the damages, then the person would file a lawsuit. To find out where to file the case, a person has to look at each court to determine which courthouse has proper jurisdiction for that matter. A claimant and a lawyer would need to find out where the defendant resides, where they legally live, and then they could bring a suit in that venue or county. They can move forward from there.

What Are Some Important Considerations When Deciding Whether to File a Case?

Just like in a Gainsville pedestrian accident case, the first thing to consider in deciding whether to file a case is determining liability, meaning who is at fault. If the pedestrian is 50 percent or more at fault, they do not have a case.

An experienced attorney must look at all the circumstances and evidence surrounding the case, the damage to the person, and whether the injuries will cause future complications. They do not have a case if the damage is minimal. They have to have proof of driver liability and personal damages in a case to bring it forward.

What Happens in Court?

Typically, motions, hearings, and trials are conducted in court. The other tasks, such as the depositions, discovery, and exchanging information with defense counsel is done outside of court by the attorneys, not the claimant. The claimant has to come to the depositions if they take the pedestrian’s deposition, but the court is usually for trials, motions, and hearings.

Speak with an Attorney Before Filing a Pedestrian Accident Claim in Gwinnett County

Before filing a pedestrian accident claim in Gwinnett County, speaking with a well-practiced attorney is important. A lawyer could review your case to determine if you have grounds for a civil claim. If you do, an experienced injury lawyer could guide you through the litigation process and help you recover compensation. Schedule a free consultation today with a dedicated attorney.

Scott Pryor

Managing Attorney | CEO

Scott is a U.S. Marine Veteran. He is a member of the State Bar of Georgia and is listed in the top 1% of trial attorneys in the nation by the Litigator Awards. He is also a member of Super Lawyers, National Trial Lawyers, the Georgia Trial Lawyers Association—Champion Level and sits on the Communications Committee of GTLA and the Multi-Million Dollar Advocates Forum.

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