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PEDESTRIAN ACCIDENTS
Pedestrian Accident Attorney in Gwinnett County
Pedestrian Accident Lawyer in Gwinnett County, GA Bringing Justice to Injured Pedestrians
In Gwinnett County, there’s nothing quite like enjoying a beautiful day outside. Whether you’re walking along one of the county’s many parks or trails, or just taking a leisurely stroll around town, there’s something to be said for enjoying the fresh air and sunshine. However, as any pedestrian accident lawyer in Gwinnett County can tell you, that enjoyment can come to a sudden and violent end if you’re struck by a car while walking.
Pedestrian accidents can cause serious injuries, including spinal cord damage, traumatic brain injury, and broken bones. In some cases, pedestrians may even be killed. If you or someone you love has been injured in a pedestrian accident, it’s important to seek legal help right away. Pedestrian accident victims can get the compensation they deserve for their injuries by filing a personal injury lawsuit with the help of a pedestrian accident lawyer.
Pedestrians are particularly vulnerable to serious injuries in the event of a collision, including broken bones and spinal cord injuries. Even if a pedestrian obeys all traffic laws, they might not be able to avoid an injury caused by a careless driver.
In addition to obtaining medical care, seeking the advice of a personal injury attorney may be an important step to take following a pedestrian accident. While you focus on your health, a seasoned attorney could work toward a resolution in your case. Contact a Gwinnett County pedestrian accident lawyer if you have been injured in a pedestrian accident due to another person’s negligence. For a free consultation, call our Gwinett County personal injury law firm at 470-570-9026 and get the dedicated and compassionate representation you deserve.
Pedestrians are the most vulnerable on our roads—we fight to make them the most protected in court.
Driver Duty to Pedestrians (O.C.G.A. § 40-6-91) – Drivers must stop and remain stopped for pedestrians in crosswalks. Failing to yield is a violation of Georgia law. Comparative Negligence (O.C.G.A. § 51-12-33) – Even if a pedestrian is partially at fault, they may still recover damages if they are less than 50% responsible. Statute of Limitations (O.C.G.A. § 9-3-33) – Pedestrians injured in traffic collisions generally have two years to file a personal injury claim.O.C.G.A. § 40-6-91 – Drivers must stop and remain stopped for pedestrians in crosswalks. O.C.G.A. § 51-12-33 – Georgia’s comparative negligence law allows injured pedestrians to recover damages if they are less than 50% at fault. O.C.G.A. § 9-3-33 – Personal injury claims must be filed within two years.
How Do Most Pedestrian Accidents Happen?
Pedestrian accidents can happen for a number of reasons. One of the most common is when people cross the street outside of a crosswalk. They may not see or hear oncoming traffic or may think they have enough time to make it to the other side. Drivers may also not see pedestrians, especially if they are wearing dark clothing or are in a dark area. Another common cause of pedestrian accidents is when drivers are distracted. They may be looking at their phone, talking to passengers, or eating while driving, and not seeing someone who is crossing the street. Drunk drivers are also a major contributor to pedestrian accidents, as they may not be able to properly judge distances or speeds, and may not be able to control their car properly. Pedestrians should always be aware of their surroundings and make sure they are crossing in a safe place, and drivers should always be aware of pedestrians and drive cautiously around them. Many drivers do not give pedestrians the right of way and go over the speed limit at crosswalks and end up striking pedestrians.
If you have suffered injuries because a negligent driver struck you, you are likely dealing with these common injuries:
- Broken bones
- Lacerations
- Head injuries, including traumatic brain injury (TBI)
- Spinal cord damage
- Organ damage
- Internal bleeding
These injuries may require extensive medical treatment, including surgery, hospitalization, and rehabilitation. You may be unable to work during your recovery, which can cause financial problems on top of your mounting medical bills. A personal injury lawyer can help you get the compensation you need to cover your expenses and hold the negligent driver responsible.
No one should have to suffer because of someone else’s negligence.
If you or a loved one has been hit by a car while walking, it is important to seek medical attention immediately. You may be entitled to compensation for your medical bills, lost wages, and pain and suffering. An experienced pedestrian accident attorney can help you navigate the legal process and fight for the maximum compensation you deserve.
How Do You Determine Who is Liable in a Pedestrian Accident?
Negligence is often the basis for holding a careless or reckless driver liable for damages after a pedestrian accident. Under the Official Code of Georgia Annotated § 40-6-93, drivers have a responsibility to exercise special care to avoid a collision with a pedestrian on the roadway. If they fail to operate their vehicles safely, they may be considered negligent.
Many pedestrian accidents occur when drivers allow their minds to drift away from the task of driving, drive under the influence of alcohol or drugs, or drive despite significant fatigue. When someone’s failure to exercise reasonable care leads directly to a pedestrian’s injuries, the driver may be liable for damages. In some cases, however, other parties may also be liable. A pedestrian accident attorney in Peachtree Corners could evaluate the facts of a particular case in order to identify all responsible parties and hold them accountable.
In some cases, the at-fault party may claim that the injured pedestrian contributed to their own injuries. For example, if a driver collided with a pedestrian while the pedestrian was crossing the street and texting on their phone, the other party may raise the argument that the pedestrian was partially at fault for the accident.
In Georgia, a pedestrian who is partially at fault may still be able to recover damages, subject to a reduction in proportion to their share of fault. If the victim is more than 50 percent responsible for the accident, however, they may be completely barred from recovering damages.
Recoverable Damages in a Pedestrian Injury Case
A pedestrian who sustains an injury due to another person’s negligence could seek to recover monetary damages through settlement or trial. Damages in a pedestrian accident case could include compensation for medical costs, lost wages, and non-economic damages. like mental anguish.
Medical bills are a common example of economic damages. These expenses can be significant, particularly in cases involving severe or debilitating injuries. An injured pedestrian may require future medical treatment for months or years to come, in addition to the immediate treatment and recovery after the collision.
An individual who sustained an injury in a pedestrian accident may also be able to seek compensation for loss of income. Whether an individual missed hours of work for recovery or can no longer perform the duties of their job at all due to injury, they may be eligible for financial compensation.
Mental anguish is a damage that can also be sought in a pedestrian accident lawsuit. The emotional turmoil that often follows an accident can be just as debilitating as physical injuries. This type of damage is harder to quantify but may be recoverable with the help of an experienced attorney in some cases.
The aftermath of a pedestrian accident can be overwhelming. In addition to your physical injuries, you may be struggling with mounting medical bills and lost wages. An experienced pedestrian accident lawyer could take on the legal burden of your case so that you can focus on your recovery.
An attorney could investigate the circumstances leading up to your accident, collect evidence, and build a strong case on your behalf. If necessary, they could negotiate with the at-fault party or their insurance company to help you reach a fair settlement.
You should not have to bear the financial burden of an accident that was not your fault. Call today to schedule a consultation and learn more about how an experienced attorney could help you recover from your catastrophic injuries.
Our 6-Step Litigation Process
Summons & Complaint
Services of Process
Defendant’s Answer
Client Involvement
Elements to Prove (First Party No-Fault, MedPay/PIP, Third Party Auto)
Negligence (Treatment)
Interrogatories
Request to Produce
Subpoena Medical Records
Motions
Depositions
Experts
Meet with Doctors
Witness List
Attempt Settlement
Prepare for Trial
NOTE: A case can settle at any time during this process. Very few cases go all the way to trial.
Economic Damages
Economic damages are the quantifiable losses you’ve incurred as a result of your truck accident. Although economic damages can also include anticipated future costs, they are claimed based on documented bills or financial losses. Economic damage claims include:
- All medical expenses (including ongoing treatment, future doctor’s appointments, and surgeries)
- Assisted living or rehabilitation facility costs
- Lost wages (including bonuses, paid time off, and tips)
- Home healthcare costs
- Property repair and replacement costs
- Transportation costs ( including rental car fees, ride shares, and public transportation)
Non-economic Damages
Non-economic damages cover the immeasurable losses that you’ve suffered as a result of your Atlanta truck accident. Although nothing can make up for these losses, monetary compensation can help to alleviate your financial burdens and allow you to focus on your recovery.
Non-economic damage claims can include:
- Catastrophic injury
- Chronic pain
- Disfigurement
- Emotional trauma
- Post-traumatic stress disorder (PTSD)
- Traumatic brain injury (TBI)
- Wrongful death
Punitive Damages
Punitive damages are rarely sought in personal injury cases but are often added to a verdict by a judge or a jury, In fact, Georgia state code § 51-12-5.1 refers to punitive damages as “vindictive damages.” These damages are handed down if the defendant in your truck accident case is proven to have exhibited gross negligence.
For example, if a truck driver was employed without a commercial driver’s license and was under the influence of alcohol or drugs when your accident occurred, a judge or jury may determine that they were grossly negligent and might find them responsible for punitive damages as a consequence of their actions.
A plaintiff might receive 25% of total punitive damages and the remaining 75% is allocated to the treasury of the state.
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Contact a Gwinnett County Pedestrian Accident Attorney Today
Injuries from a pedestrian accident can significantly impact the way you live your life, and Not all personal injury lawsuits are the same. Circumstances differ from case to case. However, our law firm will do whatever it takes to get you fair compensation for the injuries you have suffered.
Injuries from a pedestrian accident can significantly impact the way you live your life, and negligent drivers should be held accountable for their actions. Fortunately, you may be entitled to compensation if a negligent person or company caused your injuries. For a free consultation, call our Gwinett County personal injury law firm at 470-570-9026 and get the dedicated and compassionate representation you deserve.
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