Walking through the vibrant streets of Atlanta should be a simple, healthy way to navigate our city. However, as we move through 2026, the reality on our pavement is far more sobering. Despite the expansion of the Beltline and numerous “Complete Streets” initiatives, pedestrian accidents in Georgia remain at a near record high. In 2024 alone, over 290 pedestrians lost their lives on Georgia roads, and early data for 2026 suggests that the integration of heavier electric vehicles and increased driver distraction is creating a perfect storm of risk. At Castan, Lecca & Boeschen, we have spent 30 years representing those who were simply trying to cross the street and ended up with life altering injuries. We understand that in a collision between a two ton vehicle and a human being, there is no such thing as a “minor” accident.
The legal landscape of 2026 has brought new challenges to pedestrian litigation. With the rise of “micromobility” devices like e-scooters and high speed e-bikes, the definition of a pedestrian under Georgia law (O.C.G.A. § 40-1-1) is being tested. Furthermore, insurance companies are increasingly using “comparative negligence” arguments to blame victims for being distracted by their own smartphones. To secure the justice you deserve, you need more than just a lawyer; you need a team that understands the intersection of modern technology, urban design, and personal injury law.
In the Metro Atlanta area, we are seeing a disturbing trend. While overall traffic fatalities have seen slight declines due to better vehicle safety technology, pedestrian deaths have not followed suit. There are three primary reasons for this in 2026. First is the “Vehicle Size Gap.” SUVs and large trucks now make up over 50 percent of the vehicles on our roads. Because of their higher hood profiles, they are more likely to strike a pedestrian in the chest or head rather than the legs, significantly increasing the likelihood of a fatality.
Second, we are battling a “Nighttime Crisis.” According to recent Georgia House Resolution 1177, approximately 84 percent of pedestrian fatalities in the state occur after dark. This has led to a major legislative push in 2026 for the “See & Be Seen” campaign, urging better street lighting and pedestrian visibility. However, at Castan, Lecca & Boeschen, we argue that the burden of safety should not fall solely on the person walking. Drivers have a fundamental “duty of care” to maintain a lookout, especially in poorly lit areas or near bus stops where foot traffic is predictable.
Third, the “Smart Technology Paradox” is in full effect. While cars are “smarter” than ever, drivers are more distracted. In 2026, we frequently see cases where a driver was distracted not just by a phone, but by the complex infotainment screens built into their dashboard. This split second of “inward” focus is all it takes to miss a pedestrian stepping into a crosswalk.
Intersections are the most frequent sites of pedestrian trauma. Georgia law is clear: under O.C.G.A. § 40-6-91, drivers must stop and stay stopped for pedestrians within a crosswalk. This applies whether the crosswalk is clearly marked with white paint or is “unmarked” at an intersection. Yet, we see “Failure to Yield” accidents daily.
In 2026, “Left Turn” accidents have become a focal point of our litigation. Drivers making a left turn are often so focused on finding a gap in oncoming traffic that they completely fail to check the crosswalk they are about to enter. As your legal representatives, we don’t just take the driver’s word for it. We utilize traffic camera footage and “black box” data from the vehicle to prove exactly when the driver should have seen you. If a driver was speeding or distracted during that turn, we hold them fully accountable for the breach of their legal duty.
One of the most common tactics insurance companies use in 2026 is to label a victim a “jaywalker.” They will argue that because you were not in a marked crosswalk, you are 100 percent at fault for your own injuries. Under Georgia’s modified comparative negligence system, if you are 50 percent or more at fault, you receive nothing.
Our 30 years of experience tells a different story. Many areas of Atlanta and Norcross suffer from “sidewalk gaps”, stretches of road where there is no safe place to cross for half a mile or more. In these cases, the law still requires drivers to exercise “due care” to avoid colliding with any pedestrian on a roadway (O.C.G.A. § 40-6-93). If we can show that the road design was inherently dangerous or that the driver had ample time to see you and react, we can often overcome the jaywalking defense and secure a substantial recovery.
Sometimes, the driver isn’t the only one at fault. In 2026, the City of Atlanta and the Georgia Department of Transportation (GDOT) are under increased pressure to fix “High Injury Network” corridors. These are specific streets, like sections of Peachtree Street or Memorial Drive, where accidents happen repeatedly due to poor design.
If your accident was caused by a malfunctioning walk signal, a hidden stop sign, or a lack of necessary traffic calming measures, we may have a claim against the government entity responsible for that road. These cases are exceptionally complex and involve strict “Ante Litem” notice requirements. In 2026, you may have as little as six months to notify a municipality of your intent to sue. This is why immediate legal consultation is vital. We have the resources to conduct the engineering studies needed to prove that the road itself was a contributing factor to your injury.
If you are hit by a car, your first priority is survival. However, if you are physically able, or if a family member can assist, certain steps are critical for your legal case. First, call 911. A formal police report is the most important document in your file. Second, if there are witnesses, get their contact information immediately. In 2026, witnesses often disappear into the crowd or a waiting Uber within minutes.
Third, do not apologize or admit fault. Even a simple “I didn’t see you” can be twisted by an insurance adjuster into an admission of negligence. Fourth, take photos of the vehicle that hit you, especially the point of impact on the car. This helps our accident reconstruction experts determine the speed and angle of the collision. Finally, contact Castan, Lecca & Boeschen before you speak to any insurance representative. They are not there to help you; they are there to close your file as cheaply as possible.
For over three decades, we have been the primary advocates for the Latino and immigrant communities in Georgia. We understand that for many of our clients, a pedestrian accident is not just a medical crisis but an immigration concern. You may fear that calling the police or filing a lawsuit will put your status at risk.
Let us be clear: Your legal status does not change your right to safety and compensation. In 2026, Georgia law continues to protect the rights of all injured persons, regardless of where they were born. At Castan, Lecca & Boeschen, we offer a completely bilingual environment where you can speak freely in Spanish and know that your concerns are understood. We handle the insurance companies and the legal hurdles so you can focus on your recovery and your family.
A pedestrian accident can result in catastrophic injuries, from multiple fractures and internal organ damage to traumatic brain injuries. These require long term, expensive medical care. You deserve a settlement that covers not just your current bills, but your future needs.
We work on a contingency fee basis. You pay us nothing up front, and we only get paid if we win your case. In the complex landscape of 2026, don’t walk this path alone. Call Castan, Lecca & Boeschen today for a free consultation. We are here to ensure you get the justice you deserve and the compensation you need to move forward.
Part A (Internal Sources):
Part B (Recent External Research):
Propel ATL – 2024 Metro Atlanta Crash Report: https://www.letspropelatl.org/five_county_crash_report_2024
Preston Moore
Attorney
Preston Moore is a trial attorney whose injured clients have seen more than $30 million in settlements and jury verdicts. An alumni of Georgetown University (B.A.) and Harvard Law School (J.D.), Preston started practicing law at a multinational firm in Atlanta where he represented large corporations in high-value lawsuits. From there, Preston joined a well-respected product liability practice in Atlanta where he focused on representing two key sorts of cases: workplace product injury matters and high-limit insurance litigation. Now, Preston serves his clients by providing high-quality, no-nonsense representation for those catastrophically injured by the negligence of others, whether by settlement (where his clients have obtained over $10 million in recoveries since January 2024) or trial (where his clients have earned over $10 million in jury verdicts since 2022). Preston is loved by Jesus and attends Calvary Baptist Church in Smyrna. He lives in Kennesaw, GA with his wife, Brooks (9), Tripp (3), Emma Kate (newborn), and his Pomeranian, Birdie.
Dustin Thompson
Attorney
Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence. Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.
MICHAEL BOESCHEN
Attorney
Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA
CHRISTIAN PECONE
Attorney
ED DENKER
Attorney
ILIANA DOBREV
Attorney
Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish
KEN THAXTON
Attorney
ALEXANDER LECCA
Attorney
DANIEL CASTAN
Attorney
Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C. Dan was admitted to the Georgia Bar in November, 1993. He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.
