A pedestrian hit by a car can get financial compensation known as damages. If you were hit by a car while walking, your medical bills could add up quickly, even as your injuries may prevent you from working. Your lawyer may be able to help you recover damages for these expenses and more.
Determining Fault When a Pedestrian Is Hit By a Car
Your lawyer will investigate the accident to determine who was at fault. In many situations, drivers who hit pedestrians are at fault because of their negligence. Your lawyer must demonstrate that the following components apply to the accident:
- Duty of care: All drivers must drive safely, avoiding injuring other people, including pedestrians.
- Breach of duty: A driver who does not drive safely commits a breach of duty.
- Causation: The accident resulted from the driver’s breach of duty.
- Damages: The injured pedestrian can recover financial compensation for direct expenses and reduced quality of life because of the accident.
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Georgia Laws Protect Pedestrians
Georgia has laws in place to protect pedestrians.
- OCGA §40-6-91: Requires drivers to stop for pedestrians who are in a crosswalk
- OCGA §40-6-93: Requires drivers to avoid colliding with all pedestrians, even if they are not in a crosswalk or if they are confused, incapacitated, or intoxicated
A personal injury lawyer can evaluate the specifics of your case to determine if it is worth pursuing damages from the driver.
How a Lawyer Can Help a Pedestrian Hit By a Car
When you work with a lawyer at Kaine Law, you can expect assistance at every step of your case. Your lawyer can help you by:
Investigating the Accident
The police and insurance companies will investigate the accident, but your lawyer can independently investigate the accident as well. Your lawyer will interview witnesses, collect police reports, take pictures of the accident, gather evidence from the scene, and more to figure out what happened.
Estimating How Much Your Damages Are Worth
Your lawyer will collect evidence to determine the value of your damages caused by the accident.
Deal with Insurance Providers
Your lawyer can handle all communication with the insurance companies, whether by phone or in writing, file a claim on your behalf, and submit all required documentation.
Negotiate a Settlement
Insurance companies may offer you a lowball settlement to close the case quickly. Your lawyer can review any offers and negotiate a fair settlement on your behalf.
File a Lawsuit on Your Behalf
If negotiations fail, your lawyer will file a lawsuit on your behalf and represent you in court.
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Recovering Damages after Being Hit By a Car
Your lawyer can help you determine the value of your damages caused by the accident. Some of the expenses that damages may cover include:
- Medical bills: Including bills for the ambulance, emergency room, X-rays or other diagnostic images, doctor’s visits, prescription medications, surgeries, and rehabilitative therapies
- Home modification bills: If you need to modify your home to make it accessible because of your injuries
- Lost compensation: If you miss work temporarily because of your injuries
- Future lost compensation: If you cannot return to your previous career because of your injuries
- Pain and suffering: If the accident diminishes your quality of life
A lawyer with Kaine Law will gather evidence to estimate the value of the damages you can recover. This evidence may include:
- Medical bills, records, and receipts to document your medical expenses and the length of your recovery
- Photographs of your injuries to demonstrate their severity
- Past wage statements to demonstrate your income before the accident
- Interviews with you, your friends, and your family to show how the accident has reduced your quality of life
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There Is a Deadline for Filing a Lawsuit after Being Hit as a Pedestrian
Georgia sets a strict deadline for how long after being hit by a car you can file a lawsuit. OCGA §9-3-33 sets the statute of limitations at two years for personal injury and wrongful death. Once two years have passed after the date of the accident, you lose your legal right to file a lawsuit. Do not let this happen. Take action as soon as you are able.
Call Kaine Law Today for a Free Consultation Regarding Your Pedestrian Accident
If you are a pedestrian who was hit by a car, you may be able to recover financial compensation from the driver who hit you. You may be entitled to compensation for medical bills, lost wages, pain and suffering, and more.
Attorney Evan Kaine has multiple decades of experience representing personal injury victims, including pedestrians hit by cars. His team has recovered millions of dollars for clients over the years. Call (404) 214-2001 today to set up your FREE case consultation with Kaine Law. We work on contingency, so there are no up-front costs.