If a driver struck you while you were walking, a Brookhaven pedestrian accident lawyer can investigate what happened, deal with the insurance company, and help you pursue compensation for the injuries and financial losses the collision caused.
John Foy & Associates has represented injured people across Georgia since 1999. We have recovered more than $1 billion for our clients and have longstanding ties to the Atlanta and Georgia community.
To discuss a pedestrian injury and the options available, contact us for a free consultation with a Brookhaven personal injury lawyer.
How a Pedestrian Accident Claim Works in Brookhaven
A pedestrian injury claim usually starts with determining how the collision occurred, what traffic laws applied, and who was responsible. Evidence can include the police report, witness accounts, photographs, medical records, and any traffic camera, dashcam, or surveillance footage that captured the crash.
Georgia also has specific rules governing drivers and pedestrians. As our Atlanta pedestrian accident lawyers explain, drivers must stop and remain stopped for pedestrians in qualifying crosswalk situations, while pedestrians also have legal duties regarding when and where they enter a roadway.
Once we understand how the collision occurred, we can identify available insurance coverage, document your injuries and losses, and file a claim with the responsible insurer. If liability or compensation is disputed, we can negotiate on your behalf and, when appropriate, file a lawsuit.
How Long You Have to File
Georgia generally gives an injured person two years from the accrual of a personal injury claim to file a lawsuit. Exceptions can change the applicable deadline, and claims involving a government entity may have separate notice requirements.
Waiting can create evidence problems even before the legal deadline arrives. Video can be overwritten, witnesses may become harder to find, and conditions at the collision site can change.
Common Causes of Pedestrian Accidents
Many pedestrian crashes occur because a motorist fails to notice or respond to a pedestrian. Intersections, parking lots, school zones, neighborhood streets, shopping areas, and roads with heavy vehicle traffic can create particular risks when a driver is distracted or ignores traffic rules.
A collision may happen when a driver:
- Fails to yield at a crosswalk.
- Uses a phone while driving.
- Speeds through an intersection.
- Makes a turn without checking for pedestrians.
- Backs out of a parking space or driveway without looking.
- Drives while impaired or excessively fatigued.
Visibility, roadway design, lighting, and traffic signals can also contribute to a pedestrian crash. Our pedestrian accident attorneys in Brookhaven examine the circumstances rather than assuming the driver alone is responsible, since another person, business, or entity may share liability.
Compensation Available After a Pedestrian Accident
The value of a pedestrian accident claim depends on what the collision has actually cost you and how your injuries are expected to affect you going forward. Two people injured under similar circumstances can have very different claims because their treatment, jobs, recovery, and long-term limitations are different.
Compensation may include:
- Emergency medical treatment and hospital bills.
- Surgery and future medical care.
- Physical therapy and rehabilitation.
- Lost wages.
- Reduced future earning ability.
- Pain and suffering.
- Permanent impairment or disability.
- Scarring or disfigurement.
- Damaged personal property.
- Reasonable accident-related expenses.
We review your medical documentation, employment information, expenses, and expected future needs before evaluating a settlement offer.
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Proving Fault in a Brookhaven Pedestrian Accident
A negligence claim requires evidence connecting another party’s conduct to your injuries. In a pedestrian collision, that often means establishing what the driver was doing immediately before impact and whether the driver followed Georgia traffic laws.
Our Brookhaven pedestrian injury lawyers may review:
- Police reports.
- Scene photographs.
- Traffic and surveillance video.
- Witness statements.
- Vehicle damage.
- Traffic signals and signs.
- Cell phone records when obtainable and relevant.
- Medical documentation.
- Physical evidence from the roadway.
Georgia law can also affect fault when a pedestrian crosses outside a marked crosswalk. Under O.C.G.A. § 40-6-92, a pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection generally must yield to vehicles already on the roadway unless the pedestrian entered under safe conditions.
Crossing outside a crosswalk does not automatically resolve liability. Driver speed, visibility, distraction, the pedestrian’s actions, and other circumstances can still affect how responsibility is allocated.
Shared Fault Under Georgia Law
Georgia follows modified comparative negligence. If you are partly responsible for your injuries, your damages can be reduced according to your percentage of fault.
If you are found 50% or more responsible, you cannot recover damages under Georgia’s comparative negligence statute. An attorney for a pedestrian accident in Brookhaven can evaluate allegations that you contributed to the collision and examine the evidence behind them.
How Our Brookhaven Pedestrian Injury Lawyers Handle Your Case
When we represent you, our role is not limited to sending paperwork to an insurance carrier. We investigate the collision, determine who may be responsible, document your damages, and handle communications related to the claim.
Depending on the circumstances, we may:
- Obtain reports and available video evidence.
- Contact witnesses.
- Review applicable traffic laws.
- Identify liable parties and insurance coverage.
- Gather medical and employment documentation.
- Calculate current and anticipated losses.
- Present a demand to the insurer.
- Negotiate settlement offers.
- File a lawsuit when settlement negotiations do not resolve the claim.
We also keep you updated about what has happened and what decisions are ahead. John Foy founded our firm on respect, open communication, and personalized care, and we continue to apply those principles when representing injured clients.
Speak With a Brookhaven Pedestrian Accident Attorney
John Foy & Associates offers free consultations and is available 24/7. We represent personal injury clients on a contingency fee basis, so attorney fees are not owed unless we recover compensation for you. The fee percentage is agreed upon before representation begins.
Tell us what happened and what you have been dealing with since the collision. Our Brookhaven pedestrian accident lawyers can review the available information and discuss what pursuing a claim would involve.
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