Pedestrian Accident Attorney in Atlanta

Choosing to walk to school, work, or run errands may seem like the safest possible option. However, it is not uncommon for negligent drivers to injure pedestrians at crosswalks or even if the pedestrian never leaves a sidewalk.

The simple fact remains that walkers may be just as vulnerable to accidents as drivers. Worse, pedestrians have no protection from the forces that may inflict severe physical injuries, financial problems, or emotional trauma.

Any person who suffers a personal injury because of the negligence of others has the right to demand compensation. An Atlanta pedestrian accident lawyer may be able to help you to set things right. An Atlanta pedestrian accident attorney could provide essential information about the rights of pedestrians, explain how a defendant’s actions violated those rights, and work to demand fair compensation for your losses. For a free consultation, call our Atlanta pedestrian accident lawyers at (404) 474-7122 and get the dedicated and compassionate representation you deserve from a personal injury lawyer.

HOW DO MOST PEDESTRIAN ACCIDENTS HAPPEN?

There are a number of ways that pedestrian accidents can happen, but some are more common than others. In order to help keep yourself safe when walking, it’s important to be aware of the most common causes of these accidents.

The most common cause of pedestrian accidents is distracted driving. When drivers are not paying attention to the road, they may not see pedestrians in their path. This can lead to severe injuries or even death.

Another common cause of pedestrian accidents is drunk driving. Drivers who have been drinking are more likely to make mistakes and may not see pedestrians until it’s too late. If you’re out walking, it’s important to be aware of your surroundings and be cautious of drivers who may be under the influence.

Speeding is also a major factor in pedestrian accidents. When drivers are going too fast, they may not have time to stop if someone walks out in front of them. This can lead to catastrophic severe injuries or death.

Pedestrian accidents can also happen when drivers fail to yield the right of way. In some cases, drivers may not see pedestrians and will continue driving even though the pedestrian has the right of way. This can be a very dangerous situation and can easily lead to an accident.

If you’re an injured pedestrian, it’s important to be aware of these common causes of accidents. By being cautious and paying attention to your surroundings, you can help avoid becoming injured in an pedestrian accident in Atlanta. However, even taking all of these precautions can still leave you reeling. Our law firm can help you with your pedestrian accident case and make the most out of your situation.

THE OBLIGATIONS OF DRIVERS TO PROTECT PEDESTRIANS

Every driver assumes a duty to protect all other people whenever they get behind the wheel. Naturally, this duty extends to pedestrians who may be walking in a parking lot, crossing the street using a crosswalk, or even getting out of their cars from a parked position.

Specifically, O.C.G.A. §40-6-91 states that drivers must yield the right of way to any pedestrian who is within the road using a crosswalk. However, this statute also places a burden on pedestrians to not suddenly leave the curb in such a way as to make it impractical for a driver to yield.

Indeed, most cases involving pedestrian accidents are a balancing act between evaluating the actions of drivers and those of pedestrians. O.C.G.A. §40-6-90 requires all passengers to follow traffic control signals in the same way as motorists.

As a result, courts in Atlanta pedestrian accident cases will evaluate the actions of all involved parties to determine who was at fault for a collision. This is especially important since state law says that a plaintiff who is more than 50 percent to blame for an accident cannot collect compensation. An Atlanta pedestrian accident lawyer could help to explain the pedestrian safety laws and to prove that a defendant’s negligence was the cause of the accident.

WHAT DAMAGES CAN I RECOVER IN A PEDESTRIAN ACCIDENT CASE?

Similar to car accidents and other motor vehicle accidents, proving that a defendant was negligent is only one part of a successful pedestrian accident claim. A complete pedestrian accident case will obtain all the compensation necessary to set things right. The important first step in this process is making an accurate measurement of one’s losses.

Every pedestrian accident claim must center around a physical injury. These typically include broken bones, severe cuts, separated joints, and traumatic brain injuries. However, a plaintiff who stops with these losses may be selling their case short.

Many incidents result in severe financial losses due to lost time at work or a permanent loss of occupation. Others have a profound emotional impact in the form of post-traumatic stress, loss of quality of life, or pain associated with the physical injury. An Atlanta pedestrian accident lawyer could help to accurately measure one’s losses to demand compensation that fits the level of losses in the claim.

Through a free case review, pedestrian accident attorney Scott Pryor can help you understand what types of damages may be available in your case and can begin building a plan to give you the results you deserve.

Following a pedestrian accident, you may be unsure what your options are. Fortunately, you have the legal right to seek compensation from the party responsible for your injuries. Recovering damages in Gwinnett County pedestrian accidents could be made easier with the help of a well-practiced attorney.

Types of Damages in a Pedestrian Accident

The goal of damages is to make an injured pedestrian whole again through financial compensation. A plaintiff may be eligible to seek economic, noneconomic, and punitive damages following a pedestrian accident.

Economic Damages

Economic damages compensate an injured party for any out-of-pocket expenses they faced following an accident. This may include medical bills, lost wages, and costs of home modifications should the injuries require it. In addition, if the claimant requires future medical treatment, physical therapy, or is permanently unable to work, a skilled attorney could help calculate those future expenses and include them in the civil claim.

Noneconomic Losses

These damages aim to compensate an injured party for the physical and emotional trauma they suffered from an accident. Since a pedestrian who was struck by a vehicle could face catastrophic injuries, these damages could be substantial. They may include compensation for pain and suffering, decreased quality of life, and loss of companionship.

Punitive Damages

Punitive damages are reserved for cases where a defendant’s behavior is especially egregious. For example, if a driver was operating their vehicle while under the influence of alcohol and they strike a pedestrian as a result, a court may award an individual additional compensation. Punitive damages are intended to punish the defendant rather than make a plaintiff whole.

How Are Damages Calculated?

In Gwinnett County, there is no cap on damages in pedestrian accident cases. Economic damages are easily quantifiable as they are concrete, monetary values. A skilled attorney could gather and add up any bills relating to the plaintiff’s injuries.

In terms of lost wages, an attorney could determine whether an individual is temporarily or permanently unable to work and calculate the wages lost by referencing a plaintiff’s salary and bonuses. If somebody is self-employed, a lawyer would look at the individual’s tax returns for the past three to five years and quantify their potential compensation this way.

Unlike economic damages, emotional losses are not as easily calculated. As these losses are subjective, retaining a lawyer experienced with calculating damages in pedestrian accident claims is vital. They have the knowledge and experience to ensure a plaintiff is sufficiently compensated.

Punitive damages are reserved for malicious and intentional behavior on the part of the driver. A jury usually decides these damages, but the parties can agree on an amount as well.

Statute of Limitations in Gwinnett County

If a plaintiff fails to file a claim before the legal deadline expires, they could be permanently barred from receiving compensation. In Gwinnett County, a pedestrian accident claimant has two years from the date of the incident to file a claim for damages. If a minor is involved, that statute runs until their 18th birthday.

If you or a loved one was hit by a car while traveling on foot, you might not know what to do. It is important to know what steps to take after a pedestrian accident in Gwinnett County to prevent further losses. An accomplished injury attorney could explain these steps in a free initial case consultation.

What Should Someone Do Immediately After Being Hit by a Car?

If someone has been involved in or witnessed a pedestrian accident, they should call the police immediately. To ensure that oneself and others involved are safe from further harm, they should first be treated by medical providers. Secondly, they should contact an experienced attorney as soon as possible so that accident reconstructionists can be sent to the site to obtain evidence that the police may have missed.

Involving a lawyer could help ensure that the case is investigated promptly. It is extremely important to gather documentation immediately after a pedestrian accident so that it is not ruined. Evidence can deteriorate, be lost, or be destroyed over time, but an attorney could help preserve and leverage it to build a compelling case against the at-fault driver.

Importance of Seeking Medical Care

After an accident, injured pedestrians need to follow up with their doctors after their initial treatment. Failure to do so could result in a gap in their treatment. Treatment gaps are problematic because Gwinnett County insurance companies can claim that the pedestrian was not injured or that their injuries were not caused by them being hit by a vehicle.

Gathering Evidence Immediately After Pedestrian Collision

Injured pedestrians can collect an at-fault driver’s information following an accident by calling the police or asking the driver and taking a picture of their information. However, if the pedestrian is hurt as a result of the accident, they should also call emergency medical responders and the police to ensure that they respond to the scene and obtain the driver’s information.

The at-fault driver’s information should be collected at the scene of an accident, and pictures should be taken of the intersection, vehicle, injuries, and anything pertinent to the losses suffered by the pedestrian. Witness statements and information should also be obtained, as well as anything else relevant to the accident.

Taking pictures of the accident scene is important because it can provide compelling evidence regarding liability. If there is a disagreement about whose fault it was, and one party has pictures, they can try to recreate what happened. Without the pictures, they are reliant on testimony and memory.

What Should Someone Do If the Driver Flees the Scene of the Accident?

If the driver flees the scene, someone should call an attorney or the police immediately. An attorney could send a knowledgeable investigator out to try to find information about the driver from witnesses or local businesses with cameras that might have footage, which can be critical.

Discuss What Steps to Take After a Pedestrian Accident in Gwinnett County with a Lawyer

A knowledgeable attorney should be immediately contacted following a collision involving a pedestrian. People traveling on foot are exposed to catastrophic harm if they are struck by a vehicle. A lawyer could gather and preserve evidence to build a claim against the at-fault party.

Knowing what steps to take after a pedestrian accident in Gwinnett County could protect you from severe harm and legal liability. Schedule a consultation with an experienced lawyer today to learn more about how to protect yourself in the event of a wreck.