Pedestrian fatalities are a significant issue in many cities, including Atlanta. Factors contributing to pedestrian danger include a lack of walkways and crosswalks, high vehicle speeds, and a lack of enforcement of traffic laws.
You’re not alone if you or a loved one was a pedestrian injured by a negligent driver. An Atlanta pedestrian accident lawyer from our personal injury law firm can help you get justice and financial compensation for your injuries.
Call us or fill out the online contact form to get started with a free case evaluation.
What To Do After Being Injured as a Pedestrian
After a collision, gather as much information as possible. Record the names of witnesses. Then, get the driver’s license number, insurance information, and license plate number. Make a note of your surroundings, such as walkways and traffic signals.
You should also make a call to report the accident. You must call 911 if you or anyone else needs immediate medical attention. You will also need to notify the police to file a formal report.
Even if you do not think you are seriously hurt and get the all-clear from paramedics at the scene, we recommend a visit to the doctor for a full check-up.
Many injuries are not evident immediately, and waiting to get checked out by a doctor can make it challenging to recover compensation for an injury later.
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Finding an Atlanta Pedestrian Injury Lawyer
The next call you should make is to a pedestrian accident attorney in Atlanta. When choosing a lawyer, it is essential to go with someone with experience and a proven track record of recovering substantial compensation for their clients.
One of our seasoned personal injury lawyers can handle all aspects of your case, including dealing with insurance companies. Making the insurance company go through your attorney will neutralize the tactics they attempt to use to undervalue or deny your pedestrian accident claim.
Before you make a recorded call with any insurance company, including your own, you should know that they will rush to make a quick, inexpensive settlement before all your injuries are apparent. Once you sign a settlement agreement, you will most likely lose the chance to recover additional compensation.
Atlanta Pedestrian Accident Lawyer Near Me 404-400-4000
Common Injuries Sustained by Pedestrians
Pedestrians are some of the most vulnerable road users, and unfortunately, they often suffer severe injuries when involved in accidents with motor vehicles. Common injuries sustained by pedestrians include:
- Broken bones
- Head trauma
- Spinal cord damage
- Internal organ damage
- Catastrophic injuries, including amputation
Since the effects of your injuries could be long-lasting, it’s important to anticipate your future medical costs and consider how you will pay for your treatment and time spent recovering.
Compensation You May Be Entitled to After a Pedestrian Accident
As with any personal injury, you have a right to pursue compensation. You can seek restitution for economic and non-economic damages in a pedestrian accident. Economic damages are the losses you suffer that directly impact your finances.
This accident compensation is meant to replace the money you lost, dollar for dollar.
These damages include things like:
- Medical bills.
- Anticipated future medical expenses.
- Lost wages.
- Loss of future earnings.
- Property damage.
Meanwhile, non-economic damages are not as easily compensated by the legal system. Because all the court can do is award monetary compensation for these profound losses, the amount awarded for non-economic damages is often substantial.
These damages include things like:
- Pain and suffering.
- Permanent disability.
- Loss of enjoyment of life.
- Mental anguish.
Your compensation will depend on the severity of your injuries. For example, if you suffered a traumatic brain injury, you may need long-term care or miss out on activities you used to enjoy.
You may be eligible for additional compensation if the driver is criminally negligent or drunk. The money awarded in these cases is known as punitive damages, meant to punish the defendant for their actions.
A pedestrian accident attorney can advise you about the damages that will likely be awarded in your case.
For a free legal consultation with a pedestrian accidents lawyer serving Atlanta, call 404-400-4000
Damages Available After a Fatal Pedestrian Accident
We extend our deepest sympathies if you recently lost a loved one in a pedestrian accident. An unexpected death can turn your life upside down. Attempting to move forward after a loved one passes away can feel impossible, and the burden could be even greater if the deceased were the primary financial provider.
After losing a loved one in a fatal accident, you may be eligible to collect compensation on behalf of the deceased. Wrongful death attorneys in Atlanta can give you more information on damages, such as loss of consortium, burial and funeral costs, and loss of income.
How an Atlanta Pedestrian Accident Attorney Can Help You
Hiring an Atlanta pedestrian accident attorney can help minimize the stress of recovering fair compensation for yourself or a loved one. It can also help you relax and focus on healing from your injuries or grieving the loss of a loved one.
A qualified attorney can advocate for your legal rights in the following ways:
- Speaking with all other parties and their representatives
- Collecting evidence that establishes the defendant’s fault and your damages
- Initiating legal action by filing insurance claims
- Negotiating with the other party’s representatives for a settlement offer
- Taking your case to trial if necessary
While it is possible to recover compensation without a lawyer’s help, the challenge will be far greater, and the reward will likely be far less. An experienced personal injury attorney can help significantly increase your payout and get you the money you need to move on with your life.
Determining Liability and Fault in a Pedestrian Accident
A traffic accident involving a pedestrian can be complicated. The driver may not be at fault, and the pedestrian may share some blame.
Additionally, a third party could hold a level of liability. This could be another driver or the manufacturer of the vehicle that hit you. Some instances will require investigation, but it’s important to ask questions such as:
- Were you on the sidewalk?
- Did you have a “safe-to-walk” signal?
- Did you dart out into traffic?
In a city like Atlanta, with few formal sidewalks or walkways, you’ll need a pedestrian accident attorney who can help prove liability and fault. The modified comparative negligence law in Georgia Code § 51-12-33 could affect how much compensation you’re eligible for if you are partially to blame for your injuries.
The level of fault you hold for an accident will directly correlate with the compensation you receive. For example, if you are 10% at fault for your accident, you will only be able to recover 90% of your personal injury claim’s value.
If your level of fault rises above 50%, you will no longer be eligible for compensation.
Jaywalking in the State of Georgia
You may be surprised to learn that jaywalking is legal in Georgia. However, this does not give pedestrians a pass on neglecting their safety.
Both drivers and pedestrians must be careful and share the road. Pedestrians are expected to yield to traffic, and drivers must keep an eye out for pedestrians.
How Negligence Per Se Can Affect Your Pedestrian Accident Case
“Negligence per se” means Georgia law presumes the driver was negligent in a pedestrian accident case without needing any evidence to prove it. For this reason, it is vitally important to seek an attorney’s help if you were the driver in a pedestrian accident case.
Something important to note is that the law allegedly violated must be a law created to protect pedestrians. A pedestrian accident lawyer in Atlanta can help you determine whether negligence per se plays a role in your case.
Legal Obligations of Pedestrians and Drivers
In addition to following general traffic laws, drivers and pedestrians must comply with lawful orders or directions given by a police officer. This requirement holds, even if the order is inconsistent with a general rule of law.
A pedestrian is defined in Georgia as “any person afoot.” Pedestrians must follow certain safety guidelines to uphold their legal obligations. They should:
- Cross the street within a marked or designated crosswalk.
- Avoid walking or running in front of the path of a vehicle when the car is too close for the driver to yield.
- Remain clear of roadways when walking under the influence of alcohol or drugs.
- Use the sidewalk if one is available unless doing so presents a threat of injury.
- Refrain from crossing an intersection diagonally unless a traffic light specifically allows it.
Individuals behind the wheel of a vehicle have a responsibility to have and act in these specific ways:
- Have insurance and provide proof in their vehicle at all times.
- Yield to bicyclists and pedestrians.
- Keep a safe distance of more than three feet between their car and nearby cyclists and pedestrians.
- Adhere to traffic lights.
- Remain stopped to allow pedestrians to cross at a crosswalk.
- Exercise care to avoid colliding with a pedestrian.
- Use their horn to provide a warning when necessary.
Under the law, a bicyclist in the street must follow the rules of the road, just as someone operating a motor vehicle. If a bicyclist caused an injury to you as a pedestrian, you have the right to pursue a claim against them.
Time Is of the Essence in a Personal Injury Case
Under Georgia Code § 9-3-33, most accident cases have a statute of limitations of two years from an accident to file a personal injury lawsuit. However, there are exceptions.
It’s important to call a pedestrian accident injury lawyer as soon as possible to ensure you meet all applicable deadlines in your case. Contacting a lawyer soon after the accident will help you get the medical care and services you need to recover while your case is pursued.
Many personal injury lawyers provide their services on a contingency-fee-basis. This means clients do not have to pay for legal services unless they receive payment for their damages. The attorney’s fee is paid directly from the compensation they recover.
You will never pay out of pocket for our legal services, so that you can hire us regardless of your current financial situation.
Reach Out to Our Pedestrian Accident Lawyers in Atlanta
If you or someone you love has been injured as a pedestrian, don’t attempt to handle things alone. At John Foy & Associates, we’ve had more than 20 years of experience fighting for those injured by others.
Our pedestrian accident lawyers in Atlanta help accident victims get the proper medical care from top-rated providers to document their injuries. If you’re hurt, let us help you. Call our 24-hour free hotline or contact us online to get started with a free case evaluation.
A legal team member will review the details of your accident and advise you on your legal options.