Hundreds of pedestrians are struck by vehicles every day across the U.S. While the vehicle driver and their passengers may incur injuries, the pedestrian usually suffers the worst.
If you were hit by a vehicle while out in Lithonia, you likely received medical care for your injuries. Now you may want to enlist the help of a personal injury lawyer with experience and expertise in dealing with pedestrian accidents.
When Should You Hire a Pedestrian Accident Attorney in Lithonia?
You may want to consider hiring a pedestrian accident attorney as soon as possible. Georgia has a statute of limitations of two years for civil lawsuits, including those involving injuries to a pedestrian. There may be some exceptions, but you will generally have up to two years from the date of the accident to file a lawsuit.
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How a Lithonia Pedestrian Accident Attorney Can Determine and Prove Fault
In any vehicle accident, including one with a pedestrian, you must be able to prove fault by the other person involved to receive compensation for your damages. In most vehicle accident cases, the responsibility lies with at least one driver. But, that is not always the case. Others who could be responsible for a vehicle vs. pedestrian accident include:
- A public entity, such as the city, for improper maintenance of a roadway or stoplight
- The manufacturer of the vehicle, or a part of the vehicle, that was faulty and led to the accident
- A repair shop for poor maintenance or improper maintenance of the vehicle causing the accident
Setting those aside though, most accidents involving a pedestrian are caused by the vehicle’s driver. That fault is usually a result of negligence on the driver’s part. Examples include:
- Distracted driving
- Failure to stop at a stop sign or red light
- Failure to stop at a pedestrian crosswalk
- Failure to yield to a pedestrian on the roadway
- Driving while under the influence of alcohol or drugs
To Win Your Case, Your Attorney Will Need to Prove the Driver Was at Fault
For your attorney to get you compensation for your injuries, they will have to prove that the driver was negligent and that their negligence led to your injuries. But even if the driver bears most of the fault, there are instances where the pedestrian could be partially responsible.
Can There be Shared Fault in a Lithonia Pedestrian Accident Case?
In most states across the country, including Georgia, civil law recognizes shared fault. This means that even if the pedestrian is partially to blame for an accident, you may still be able to recover compensation.
For example, it is unlawful for a pedestrian to walk or stand along a roadway in Georgia if there is an adjacent sidewalk unless there is no motor vehicle traveling within 1,000 feet of that pedestrian. There can be some exceptions, but you could be partially at fault if that vehicle hits you.
What Compensation Could You Receive?
Compensation is based on damages. In the case of a pedestrian accident, many of those damages will be medical bills from injuries you sustained. These are called economic damages as they come with specific economic factors for which you need reimbursement.
These could include, but are not limited to:
- Emergency Department tests, care, and treatment
- Hospitalization and surgeries
- Laboratory tests, x-rays, MRIs, etc.
- Convalescent and in-home care
- Therapy and rehabilitation
- Loss of income from being off from work
- Future projected loss of income
- Future medical bills
However, this is not the limit of possible damages and compensation. You may have suffered from mental trauma in addition to your physical damages.
Non-Economic Damages from a Pedestrian Accident
Some damages are classified as non-economic because there is no specific bill attributed to them. They result from the pain and suffering you have endured due to the accident. These can include such things as:
- Emotional trauma and psychological disorders
- Disfigurement or scarring
- Loss of enjoyment of life
- Loss of companionship
While there is no particular bill associated with this aspect of damages, your lawyer can use past case experience to help determine an appropriate amount of compensation you should be entitled to for the pain and suffering resulting from the accident.
How a Pedestrian Accident Lawyer in Lithonia Can Help You
Different lawyers specialize in various aspects of the law. Look for a personal injury law attorney with experience in pedestrian accidents. Set up an initial consultation and be prepared to take any information and evidence you have about the accident with you.
Your personal injury attorney will review your information and decide how they feel you should move forward. If you agree, your Lithonia pedestrian accident lawyer will ask you to sign a representation agreement, and their team can get to work.
Further Investigation and Negotiating for Your Compensation
Your attorney may further investigate your claim by:
- Obtaining a copy of the police report
- Interview witnesses
- Taking a deposition of the driver
- Reviewing maintenance records of the vehicle that hit you
- Consulting experts in the field
- Recreating the accident
- Reviewing your medical records and consulting with your physician
Gathering the evidence will strengthen your case for your legal claim and possible lawsuit. This will allow your attorney to negotiate with the other side while dealing with the insurance company.
If your lawyer and defense representation cannot reach a settlement you are content with, it may become necessary to take your case to court. Your Lithonia attorney will be prepared for this possibility. Being familiar with Georgia’s statute of limitations, they will ensure your legal documents are filed promptly and will be ready for the courtroom.
Contact a Lithonia Pedestrian Accident Attorney Today
Look for an experienced personal injury lawyer to handle your pedestrian accident case. Check out John Foy & Associates. We have dozens of personal injury lawyers, each with years of experience handling cases similar to yours.
Contact us for a free initial consultation. Let us help you get the compensation you rightly deserve.