SUMMARY
- A 70-year-old motorized wheelchair user died after a car struck him at Church Street and Tower Road in Marietta. This tragic accident highlights the dangers wheelchair users face on the road and the importance of understanding Georgia’s pedestrian laws. The Jewkes Firm offers experienced legal support for families pursuing wrongful death claims following pedestrian accidents. Learn how to protect your rights and seek justice after a motorized wheelchair pedestrian crash in Marietta.
Marietta Man in Motorized Wheelchair Dies After a Car Strikes Him at Church Street and Tower Road
A car struck and killed a 70-year-old Marietta man using a motorized wheelchair, according to Marietta Police Department. Authorities continue to investigate the crash, and so far they have released limited details.
Marietta police say a crash occurred just before 9:30 p.m. Monday, November 2, 2026, at the intersection of Church Street and Tower Road in Cobb County. Police identified the pedestrian as Landry Braxton, 70, of Marietta. Braxton was crossing the street outside a crosswalk when a black 2017 Toyota Camry hit his wheelchair, police explained. Emergency responders transported the seriously injured Braxton to Wellstar Kennestone Regional Medical Center, where he died.
The Camry’s driver stayed at the scene and is cooperating with officers, police noted. Authorities have not filed any charges at this time. Atlanta News First reported the story as developing and said details remain preliminary. Police have not publicly disclosed information about the vehicle’s speed, lighting or weather conditions, traffic signals, or Braxton’s exact position relative to the intersection when the car struck him. Police ask anyone with information to contact Marietta Police Officer C. Henry at (770) 794-5266.
The crash occurred in Marietta, roughly 35 to 40 miles north of our office in Tyrone, in the metro Atlanta region where many Fayette County residents commute, shop, and travel.
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Why Crashes Involving Wheelchair Users Are So Dangerous
A motorized wheelchair user lacks the protective features vehicle occupants have. Because the wheelchair has no seat belt, airbag, or crumple zone between the rider and the car, the vehicle’s force often hits the rider’s body directly. Wheelchairs sit lower to the ground and have a smaller profile than standing pedestrians. This smaller profile makes it harder for drivers to spot them, especially at night. When a vehicle strikes a wheelchair, the impact often transfers the force directly to the rider’s body. And, older riders may suffer more severe or fatal injuries from the same impact.
Nighttime crossings add another layer of risk. Drivers have less time to perceive and react to something in the roadway after dark, and the margin for error shrinks quickly even at moderate speeds. For more information, see the National Highway Traffic Safety Administration (NHTSA) overview on pedestrian safety.
How Georgia Law Treats Pedestrian Crashes
Georgia law imposes duties on both pedestrians and drivers. Under O.C.G.A. § 40-6-92, the law requires pedestrians crossing outside marked or unmarked crosswalks at intersections to yield the right-of-way to vehicles. However, Georgia law also obligates drivers to exercise due care to avoid collisions with pedestrians on the roadway (O.C.G.A. § 40-6-93).
Because of this, courts do not automatically assign blame solely based on whether a pedestrian crossed outside a crosswalk. Authorities evaluate fault based on all evidence, including the driver’s speed and attentiveness, visibility, lighting, roadway design, and the pedestrian’s actions. Georgia follows a modified comparative negligence rule that reduces an injured person’s recovery by their percentage of fault and bars recovery entirely if they share 50 percent or more fault. Investigators often review surveillance or dash camera footage, vehicle data, and witness statements to reconstruct events in cases like this.
What a Loss Like This Can Mean for a Family
When a person dies in a crash, families grieve while facing practical questions. Georgia’s wrongful death statute (O.C.G.A. § 51-4-1) allows certain surviving family members—typically spouses, children, or parents—to file claims for the full value of the deceased person’s life. Estates may file separate claims for funeral and medical expenses and the deceased’s pain and suffering before death. The law determines eligibility based on family circumstances.
Georgia imposes strict deadlines. Most wrongful death and personal injury claims must come within two years under O.C.G.A. § 9-3-33, though exceptions exist. Because surveillance video can quickly overwrite evidence, the days immediately after a crash matter greatly.
The Marietta police continue to investigate the Church Street and Tower Road crash. As they release more information, a clearer picture of the collision should emerge.
Understanding the Dangers Faced by Motorized Wheelchair Users on Georgia Roads
Motorized wheelchairs provide essential mobility for many individuals, but users face significant risks on busy roads and intersections. The tragic death of Landry Braxton highlights how vulnerable wheelchair users remain, especially when crossing streets outside designated crosswalks or in low-visibility conditions. Drivers must stay vigilant, especially after dark, to prevent accidents involving wheelchair users. At the same time, wheelchair users should exercise caution and cross only at marked crosswalks whenever possible to increase visibility and reduce risk.
For tips on wheelchair safety and pedestrian awareness, visit Wheelchair Pride.
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How The Jewkes Firm Can Help After a Tragic Motorized Wheelchair Pedestrian Accident
If a pedestrian accident involving a motorized wheelchair or any personal injury affects you or a loved one, Attorney Jordan Jewkes and The Jewkes Law Firm are here to help. We have extensive experience navigating Georgia’s complex pedestrian laws and wrongful death claims. Our team will thoroughly investigate all aspects of your case, gather crucial evidence, and fight for the compensation you deserve. Don’t wait—early action is vital to preserving key evidence and protecting your rights.
Contact The Jewkes Firm Injury Lawyers today for a free, no-obligation consultation. We stand with families impacted by tragic pedestrian accidents in Marietta and throughout Georgia. If you need compassionate, skilled legal representation, contact us today at (770) 771-5130 or fill out our online contact form.
Source: Atlanta News First, “Pedestrian in motorized wheelchair struck, killed by car, Marietta police say,” November 3, 2026
Frequently Asked Questions
What should I do if a loved one dies in a wheelchair accident?
Immediately contact an experienced personal injury attorney familiar with Georgia pedestrian and wrongful death laws. Preserve any evidence and avoid giving recorded statements to insurance companies without consulting your lawyer.
Can a pedestrian be at fault if they are not in a crosswalk?
Yes, Georgia law requires pedestrians crossing outside crosswalks to yield to vehicles. However, drivers must still exercise reasonable care to avoid collisions. Therefore, fault often depends on each case's circumstances, and courts may share it among the parties.
How long do I have to file a wrongful death claim in Georgia?
You generally must file wrongful death claims within two years of the date of death, though exceptions exist. Consult an attorney promptly to avoid missing deadlines.
What types of compensation can families recover in a wrongful death case?
Families may recover damages for the deceased’s medical bills, funeral expenses, pain and suffering, and loss of care, companionship, and financial support.
Why are wheelchair users at higher risk of severe injury in traffic accidents?
Wheelchair users lack protective features vehicle occupants have, such as seat belts and airbags. Their lower profile also makes them harder for drivers to see, especially at night, increasing their risk of serious injury when struck.