A pedestrian accident occurs when a motor vehicle collides with someone traveling on foot. They occur most often while someone crosses a road or walks along a road or in a parking lot. However, one could also happen on a sidewalk or driveway.
If you suffered an injury in a car vs. pedestrian collision, you might want to work with an Atlanta pedestrian accident lawyer. They can help you understand your rights, assess your legal options, and pursue compensation to pay for your medical care and other damages.
Who Is Responsible for a Georgia Pedestrian Accident?
Pedestrian accidents generally follow the same legal principles as other traffic accidents, where the at-fault party is often the motorist who struck the individual. And like most states, Georgia allows crash victims to hold the at-fault motorist responsible for their injuries and any related expenses or losses.
Drivers often cause pedestrian accidents through negligence, meaning they violated a traffic or pedestrian safety law, and this violation caused the collision. Some ways this occurs include the following:
- Failing to stop for a pedestrian in a crosswalk
- Failure to yield when turning with a pedestrian in the crosswalk
- Failure to use caution when backing out of a parking space
- Failure to provide enough space when passing a pedestrian
Many contributing factors exist that make this type of collision more likely, such as:
- Distracted driving
- Speeding
- Drowsy driving
- Drugged or drunk driving
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How Does a Pedestrian Accident Case Work?
When a driver causes a pedestrian accident in which the victim suffers injuries, they can file a claim for compensation based on the driver’s auto liability insurance coverage, which Georgia law requires every motorist to have. Alternatively, the victim can sue the driver and ask a judge or jury to evaluate the case and award damages if appropriate.
Settlements are generally cheaper and faster in these cases, so going to trial is rare. However, it could occur if the insurance carrier refuses to negotiate in good faith and pay an appropriate settlement based on the case facts.
You might find it worthwhile to work with a pedestrian collision attorney to manage your case. Having a knowledgeable and experienced lawyer handle your claim or lawsuit ensures you understand the full range of expenses and losses you suffered and seek a settlement that adequately covers them. They will protect your right to fair compensation and fight to recover it.
What Injuries and Damages Are Common in Pedestrian Accidents?
Pedestrian accidents can be especially dangerous for the walking individual because they lack the protection a vehicle offers—or even a helmet like a motorcyclist might wear. Instead, their body absorbs all the force of the crash, and they might sustain catastrophic injuries such as:
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Severe burns
- Amputations
- Internal injuries
- Lacerations and extensive blood loss
The damages caused by this type of collision and the injuries they inflict could include current and future medical care, lost income, damaged personal property, and pain and suffering. Your lawyer will work to recover money for every loss you suffered.
Some Pedestrian Accident Victims Do Not Survive Their Injuries
Unfortunately, some pedestrian crash victims suffer fatal injuries. When this occurs, the pedestrian’s immediate family can pursue compensation under Georgia’s Wrongful Death Act, which allows their spouse, children, or parents to recover money for damages such as:
- The lost income and benefits the deceased would have brought home
- The services they provided before their death
- The lost companionship, counsel, and care experienced by family members
The estate can also seek compensation for additional expenses, including medical bills and funeral costs. If your family must seek compensation for these costs, a wrongful death lawyer will know how to manage this case.
They can help you navigate this process and understand the types of losses your family could recover based on your loved one’s untimely death. They will prepare and file your case and fight for the money you need and deserve, getting justice for your loved one. You can focus on spending time with your family and grieving your loss during this heartbreaking time.
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When Do I Need a Pedestrian Accident Lawyer for My Crash Case?
You should consider discussing your options with a lawyer if you suffered injuries in a pedestrian accident or a loved one was severely hurt or passed away due to their injuries. Most personal injury law firms provide free consultations, so you have nothing to lose by contacting them about your case.
A pedestrian accident lawyer can help you understand your rights and ensure you take the appropriate steps to secure compensation for your expenses and losses. Their guidance will help you recover the money necessary to get the care you need for your injuries and keep your family financially stable despite this collision and the extensive list of economic effects.
Lastly, an attorney can help you understand the applicable timeline in the case. Under O.C.G.A § 9-3-33, individuals generally have up to two years to file an injury or wrongful death lawsuit in Georgia. However, several factors can affect this deadline. Missing it could mean being barred from taking the case to court, making it problematic to hold the at-fault driver accountable.
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Talk to Our Atlanta Pedestrian Accident Team for Free
At Kaine Law, our team provides free consultations for victims of pedestrian accidents in Atlanta and across Georgia. We can help you understand your rights and next steps after suffering severe injuries in this type of crash. We also offer every client a no-fee guarantee. It’s in our contract. You will owe nothing unless we win your case and recover money for you.
Contact us today to discuss your legal options and how our pedestrian accident lawyer can help.
Call or text 404-214-2001 or complete a Free Case Evaluation form
