The catastrophic injuries that occur in a collision between a pedestrian and a motor vehicle can cause you substantial pain and suffering, both physically and financially. According to Propel ATL, there has been a significant increase in the number of pedestrian deaths in Atlanta.
With the help of an Atlanta pedestrian accident lawyer from Kaine Law, you could recover compensation for those injuries and losses. Our team can file your insurance claim or personal injury lawsuit, communicate with the insurer, and answer any questions you have.
Your time to act is limited, so it’s best to begin working on your case immediately. Call us today for a free consultation with a member of our team.
Steps Your Pedestrian Accident Lawyer Will Take to Help Your Atlanta Case Succeed
You should not have to bear the responsibility of managing a personal injury claim or lawsuit alone. Let our team do that for you.
Some of our legal services include:
Collecting Evidence to Prove Fault in an Atlanta Pedestrian Accident
Earlier, we discussed how our lawyers will need to determine who caused your accident to pursue compensation. To do this, our team will need to gather and review evidence.
Some pieces of evidence that we can use to prove fault in your pedestrian accident case include:
- The at-fault party’s driving history
- Photos of the accident scene
- The police report
- Traffic camera footage
- Testimony from a car accident reconstruction specialist
We can also talk to witnesses. They may be able to provide further insight into the circumstances surrounding your accident. Then, we will use this evidence to apply the negligence model to show that the other party is liable for your case. It comprises:
- Duty of care: The other party was obligated to drive with your safety as their priority.
- Breach of duty: The at-fault driver did not fulfill this duty of care.
- Causation: This breach led them to cause an accident and your injuries.
- Damages: You suffered damages from the accident.
Your Pedestrian Accident Attorney in Atlanta Will Calculate the Cost of Your Damages
We want to account for the losses you will experience now and in the future. Our injury lawyers will calculate the cost of your accident-related losses by:
- Reviewing your employment records
- Interviewing people close to you who understand your situation
- Consulting economists
- Researching the outcomes of cases similar to yours
- Talking to your healthcare team about your ongoing medical costs
Your Lawyer Will Negotiate With the Liable Party’s Insurance Company After Your Pedestrian Accident
The insurance company might not want to settle your case right away. The adjuster may delay the claims process by saying that you do not have evidence to support your allegations. They may say that they are not liable for your expenses.
We can negotiate with the insurance company by:
- Presenting the cost of your damages
- Highlighting what sections of the liable policy entitle you to damages
- Managing verbal and written correspondence with the insurance company
- Shielding you against bad faith insurance practices
If negotiations with the insurance company are not fruitful, we could prepare your case for a jury trial.
For a free legal consultation with a pedestrian accident lawyer serving Atlanta, call 404-214-2001
Our Atlanta Pedestrian Accident Attorneys Work on a Contingency-Fee Basis
There is no need to worry about affording our legal services after a pedestrian accident in Atlanta. Our law firm works based on contingency, meaning:
- We finance your case from the beginning.
- Your initial call is free and comes with no obligation.
- We don’t charge you anything up front or out of pocket.
- There are no retainers or hourly fees involved.
You will only pay your personal injury lawyer if they secure a financial recovery for you after your case. This payment agreement considers your financial state and limits your overall risk.
How Kaine Law Has Helped Pedestrian Accident Victims Throughout the Atlanta Area
Since we began practicing personal injury law, we have recovered millions of dollars for our clients. We will do everything in our power to secure compensation for your losses.
Our former clients have discussed their positive experiences with our firm in their testimonials. A few of them have said:
- “They are very prompt and will normally answer within 24 hours or call you right back… I was so pleased that I referred someone to KL who is also having a positive experience. I don’t just consider myself a client but family as the staff ensures that you are satisfied…” – Seferino P.
- “Evan was a great attorney for me… We stayed in contact from the beginning to end. He is very accessible… I know he worked really hard for me and went out of his way to get me the best possible results.” – Darius M.
- “I am glad that I found Kaine Law and decided to work with them. JD was very helpful and patient, along with his team. I will recommend them to everyone…” – Shili G.
We will aim to give your case the same care and dedication we did to our previous clients. The only difference will be that our approach will consider the facts of your individual case and needs.
Types of Damages You Can Seek Compensation for After a Pedestrian Accident in Atlanta
The severity of a pedestrian accident injury can vary. From broken bones to internal organ damage and bleeding, these injuries can also have different long-term impacts on your life. If your personal injury case is successful, you could recover damages related to these hardships.
The recoverable damages in your case will fall into one of two different categories: economic and non-economic. Economic damages are a form of compensation designed to return you to your financial position before your pedestrian accident. A common example of economic damages is your hospital bills.
Not all losses related to a pedestrian accident are financial in nature. These subjective losses could be covered by non-economic compensation. A common example of non-economic damages is your pain and suffering. Depending on the circumstances surrounding your pedestrian accident, you could receive compensation for the following:
Past and Future Medical Bills From Your Pedestrian Accident
You might have suffered severe injuries in your pedestrian accident. We believe that if another party’s negligence caused you harm, you should not have to pay for your medical treatments.
Your compensable medical expenses could include the following:
- Hospital stays
- Pain medications
- The ambulance ride
- Physical therapy or chiropractic care
- Residency in a specialized care facility
- Assistive devices, like wheelchairs
- Doctors’ visits
- Imaging scans and other forms of diagnostic testing
We can also help you recover compensation for any healthcare expenses you may incur in the future because of your condition.
Loss of Income and Future Earning Potential After Your Accident
You may be unable to work in the short or long term. Our team can determine the value of your lost employee benefits, income, and bonuses by reviewing your employment records. We can also consult economists to learn more about how much you lost in job-related benefits.
Pain and Suffering If You Were In a Pedestrian Accident
Georgia does not place a dollar amount on how much you can request for pain and suffering. This expense is meant to account for the physical pain you suffered.
The monetary value of your pain and suffering will depend on:
- Your quality of life
- The extent of your injuries
- Your expected recovery period
- The cost of your economic damages
- How much time you have to take off work
- Whether you will have a permanent disability
Kaine Law can determine how much your pain and suffering is worth. We will work with the insurer to get what you are owed.
You Might Be Eligible For Mental Anguish Compensation if You Were in a Pedestrian Accident
In addition to the physical and financial harm pedestrian accidents can cause, victims can suffer mentally and emotionally. You may be eligible to recover damages for mental anguish if you endure:
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
We can speak to your physician or mental health counselor to understand how much we can request for these losses.
Scarring and Disfigurement Can Be the Result of Your Accident in Atlanta
Sometimes, pedestrian accident injuries are so severe that the accident can change how victims move and look permanently.
Your Atlanta Pedestrian Accident Lawyer Will Seek Compensation for Your Lifelong Disability
Your pedestrian accident injuries may significantly limit your earning power and day-to-day function. You can also include this loss in your claim.
Wrongful Death if Your Loved One Passed Away from the Pedestrian Accident
Pedestrian accidents can be fatal. If your loved one passed away from the injuries they suffered from the accident, you could file a wrongful death case and request reimbursement for:
- Funeral costs
- Burial plot
- End-of-life medical care costs
- Loss of services
- Loss of consortium
- Loss of companionship
- Loss of financial support
These losses are just a handful of the damages your pedestrian accident lawyer could recover for you and your loved ones in Atlanta. After evaluating your case, we can explain your financial recovery options and take measures to secure compensation.
Complete a Free Case Evaluation form now
You Might Be Entitled to Damages Even If You Contributed to Your Pedestrian Accident
Georgia follows contributory negligence laws. Under O.C.G.A. § 51-12-33, you can still collect compensation if you contributed to your accident. However, your portion of the fault in the accident can reduce the amount you can collect. Consider the example below:
Let’s say you’re crossing Peachtree Road outside of the marked crosswalk. This action is a violation under O.C.G.A. § 40-6-92. But then, a speeding drunk driver strikes you when you’ve almost made it to the other side of the street. When it comes time for settlement negotiations, the insurance company or court may assign you 25% of the fault and 75% to the drunk driver.
So, if your settlement or court award is intended to be $100,000, you would receive $75,000. If you are found to be more than 50% responsible for the accident, the state will bar you from taking legal action. Not to worry—a personal injury attorney with our firm will pursue the compensation you need following your pedestrian accident.
We Are Not Afraid to Take Your Pedestrian Accident Case to Court to Get the Compensation You Deserve
When our firm takes on your case, there are different ways we could help you secure fair compensation. Often, we can negotiate a settlement with the driver that hit you or their insurance carrier. When settlements fall through, our firm can also prepare your case for trial and seek a verdict in your favor.
There are times when a case will not settle. Filing a personal injury lawsuit might be your best option in these situations. If the jury agrees you were not at fault, they could award you a monetary judgment for your losses. However, it is important to note that we have a limited time to take your case to court. If you miss the deadline, you may not be able to seek damages in court.
The Statute of Limitations’ Impact on Your Pedestrian Accident Case
Most pedestrian accident cases in Georgia are resolved through insurance negotiations. However, depending on the circumstances of your situation, you may need to file a lawsuit to resolve your case. Not only can our team cross-examine witnesses, communicate with the other party’s legal counsel, and present your case, but we can also determine how long you have to act under the state’s statute of limitations.
For instance, if a MARTA bus hits you, you could sue the City of Atlanta. In this instance, you would have six months to take legal action, per O.C.G.A. § 36-33-5. However, if a negligent motorist struck you, you could have up to two years to file suit, according to O.C.G.A. § 9-3-33. The same statute applies if you file a wrongful death case after a fatal pedestrian accident.
Kaine Law can determine how long you have to file and present your case. Even if the statute of limitations has run out in your case, you might have more options. Some exceptions could give you more time to file your pedestrian accident lawsuit. Your lawyer can help explain these exceptions to you.
What You Can Do After You Were Hurt in an Atlanta Pedestrian Accident
Our lawyers will champion you throughout your entire pedestrian accident case. However, there are a handful of things you can do to help yourself and your lawyer.
The following steps could make a difference in your settlement or court award:
Get Immediate Medical Attention After Your Pedestrian Accident
You or someone else might have called an ambulance to the accident scene if you had apparent serious injuries. If that wasn’t the case, we urge you to go to the hospital or your primary care doctor right away. You must receive prompt treatment for your injuries to keep them from worsening.
For example, according to the Mayo Clinic, traumatic brain injuries might not show symptoms for days. You may risk permanent brain damage if your TBI goes untreated.
In addition to ensuring you are in good health, acquiring prompt medical attention will help protect your right to financial recovery. As such, the longer you wait to see a medical professional, the more difficult it may be to connect the pedestrian accident to your injuries. This instance could give the other party’s insurer a leg up when disputing the cause of your injuries, which might prompt them to devalue your claim.
Follow Your Doctor’s Treatment Plan After Your Pedestrian Accident
You must adhere to your doctor’s treatment plan. Doing so entails:
- Attending each of your follow-up appointments
- Going to all of your physical therapy sessions
- Taking all prescribed medications
- Consulting specialists to whom your doctor referred you
Once you have completed your treatment and your doctor deems you have reached maximum medical improvement (MMI), you may return to your normal routine. If you reach MMI before the treatment plan ends, consult your doctor. If you both agree to end your treatment early, have your doctor sign a release form and deliver a copy to your lawyer.
Adhering to your treatment plan is crucial for your health and legal efforts. Suppose you divert from your regimen against medical advice and your condition worsens. In that case, the insurer may be unwilling to pay you the damages you are entitled to collect—ultimately blaming you for making your injuries worse.
Be Mindful of the Insurance Company Representing the Other Party in Your Atlanta Accident
Expect a phone call from the other party’s insurance adjuster shortly after the accident. You are not obligated to speak with them, as this call is mainly for their benefit. For example, if they ask you, “How are you?” and you say, “I’m doing well,” they may use this response against you during negotiations and claim that your injuries weren’t that severe.
This is just one of the many tactics they can employ to protect their bottom line. So, if the insurance company contacts you, give them basic information (e.g., your insurance company, address, etc.), and do not discuss the accident. Then, refer them to your lawyer. Our firm is familiar with these manipulative ways and will do everything to protect your right to a fair recovery.
Keep a Journal Detailing Your Recovery from the Pedestrian Accident
The police report, medical records, and photos of the accident scene are all key pieces of evidence that help bolster the value of your negligence claim. Even so, getting an insight into how the accident and injuries have affected your personal life will be a great asset.
We encourage you to monitor and track your recovery. Be as specific as you can, and note details, such as:
- Your physical limitations (e.g., if you need assistance getting out of bed, walking to the mailbox, etc.)
- Your mental health (e.g., if you get flashbacks of the accident or anxiety attacks)
- Your agenda for the day and if you were able to complete everything you intended
- Any exercises you did or medications you took to help with pain
- Your pain levels (e.g., if they increase when you do certain activities or at different times of the day)
No detail is too small to jot down. We want to get the clearest picture of how the accident has affected you.
Stay off Social Media, and Don’t Post Anything About Your Pedestrian Accident
Because the aftermath of a traffic accident is such an emotional time, you may want to share what you’re going through with your family and friends online. However, doing so can hurt your case. The insurer may try to find a way to devalue your case and pin some of the blame on you by looking at your online presence.
In addition, no matter how unrelated a picture, video, or status update is to your accident, we urge you to refrain from posting. A simple picture of you enjoying a day at the World of Coca-Cola could prompt an insurance representative to say that you weren’t as hurt as you claimed to be.
Even if it’s private, the insurance company might find a way to access your account. Avoid posting altogether until your injury case has closed.
Common Causes of Pedestrian Accidents in Atlanta, Georgia
As previously mentioned, all drivers owe other road users, including pedestrians, a duty of care. Unfortunately, they can fall short of this obligation and cause an accident. A negligent driver can cause a pedestrian accident by engaging in any of the following:
- Speeding and other forms of reckless driving
- Drowsy driving
- Distracted driving (e.g., texting, talking on the phone, other passengers, etc.)
- Disregarding traffic signals (e.g., failure to yield, stop signs, etc.)
- Driving while intoxicated
- Otherwise violating traffic laws
Drivers aren’t the ones who could be responsible for pedestrian accidents. The following parties might have caused or at least contributed to it:
- Construction companies if they failed to maintain the site and debris hit you
- A mechanic if the vehicle that struck you malfunctioned due to a mechanic’s failure to address an issue or correctly install an auto part
- The City of Atlanta if it failed to address sidewalk or road hazards
- A vehicle parts manufacturer if the vehicle that hit you contained defective part
- A bicyclist if they failed to comply with road rules
Severe Injuries Are Common in Atlanta Pedestrian Accidents
A pedestrian’s lack of protection can lead to serious or catastrophic injuries, including:
- Road rash
- Fractured or broken bones
- Contusions or lacerations
- Spinal cord injuries
- Traumatic brain injuries (TBI)
- Internal bleeding or organ damage
- Shoulder, neck, and back injuries
- Head or chest trauma
We can help you even if your pedestrian accident injury is not on the list.
Your Initial Consultation With an Atlanta Pedestrian Accident Lawyer Will Not Cost You Anything
You deserve to have your questions answered by a prospective attorney before hiring them to handle your pedestrian accident injury case. For that reason, the initial consultations with our firm are always free. Your free consultation allows you to learn more about your case as well as the legal system in general.
Not only is your consultation free, but you are also free from any obligation when it comes to hiring our firm. You are free to leave your consultation and consider your other legal options. However, we are confident the skill and experience of our attorneys could provide you with the aggressive representation you deserve.
Connect with Kaine Law to Get Started on Your Atlanta Pedestrian Accident Claim Today
Kaine Law has multiple decades of experience helping injury victims in the Atlanta area. Our team is standing by to see how we can serve you. Our Atlanta pedestrian accident lawyers can manage all the details of your case to focus on your recovery.
Reach out to Kaine Law today for your free consultation with a member of our team. We can answer your questions, address your concerns, and dispel any misconceptions that you may have about the legal process.