There is nothing to protect you as a pedestrian if a car veers off the road and collides with your body, so serious injuries are common. You shouldn’t have to pay for someone else’s negligence, and our Sandy Springs pedestrian accident lawyers are here to help.
At John Foy & Associates, we’ve seen firsthand the cost of a pedestrian accident to the victims and their families. Our goal is to get you full compensation for the damages you have suffered, as we’ve done for countless clients over the past 20+ years.
What Damages Can I Be Compensated for?
You can be compensated for several damages related to your pedestrian accident, including:
- Medical expenses such as prescriptions, ER visits, hospital visits, physical therapy, surgeries, and psychological services
- Pain and suffering
- Mental anguish and emotional trauma
- Loss of consortium
- Loss of enjoyment of life
- Disability and disfigurement
- Property damages
- Lost wages and reduced earning capability
When it comes to calculating your damages, our pedestrian accident lawyers in Sandy Springs will ensure no damage gets left out. We use various formulas and consider the context of your damages and how much they’ve impacted your life. Our goal is to get you the maximum amount possible for your settlement.
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What to Do If Hurt in a Pedestrian Accident in Sandy Springs
If you are well enough to stay at the scene, here are some things you can do to begin building your case.
Talk to Witnesses
If anyone else saw you get hit, talk to them and ask for their names and contact information. Witness statements can be beneficial in a pedestrian accident case, and getting contact information will make it easier for your lawyer to reach out to these people.
Get the Driver’s Information
If the driver who hit you remained at the scene, get their information such as:
- Phone number
- Insurance information
- Driver’s license number and
- License plate number
It’s also good to jot down or take a picture of the driver’s license plate and their vehicle details. If you are in an unfortunate hit-and-run circumstance where the driver flees the scene, try to get their license plate number before they leave. Also, try to note anything you can about their appearance or their vehicle.
Call the Police
Contact the Sandy Springs police department to report the accident. Police officers will likely come to the scene and create an accident report. This is important for showing that the accident happened.
In addition, your accident report can be an invaluable source of hard facts that help support your claim.
If you have a phone or camera on you, take pictures of the scene where you got hit, your injuries, and any other damage from the crash. These pictures can be critical support for your claim. Even if you don’t think your photos will be relevant, always take as many as you can.
You Only Have Two Years to File Your Claim
Pedestrian accident victims in Sandy Springs generally only have two years to file a claim against the at-fault driver responsible. Depending on the circumstances, you can have more time or less. Don’t procrastinate with your claim.
Many people have missed their chance at getting a settlement by thinking they had more time than they actually did. Evidence deteriorates fast with time. The sooner you start building a solid case, the sooner you can get compensated for your damages.
Don’t Accept the Initial Settlement Offer You Receive from the Insurance Company
The insurance company may reach out to you and offer you a fast settlement. Never accept this initial offer and never divulge any information that can get used against you to them. Insurance companies are businesses, and their interests lie in saving money, not giving you the compensation you deserve.
If you accept their settlement offer, you won’t be able to file a claim for your damages anymore. So never let the insurance company trick you into settling for less. If the offer seems too good to be true, it most likely is.
How Fault Works in a Sandy Springs Pedestrian Accident
Sandy Springs follows comparative negligence rules. In comparative negligence, you can only file a claim if you’re less than 50% responsible for your accident. Any percentage below 50%, you can file a claim, but the amount of compensation you receive gets reduced by that percentage.
It’s in your best interest to have a strong case that ensures that blame doesn’t get shifted to you. The insurance company and the defense may try to show that you were the one at fault for the accident. Don’t let them do this and ruin your chances of getting a settlement for your damages.
Determining who was at fault for a pedestrian accident is sometimes complicated. Although drivers are often at fault, it’s not always the case. A pedestrian can get found responsible if they weren’t following Georgia’s pedestrian laws. It usually takes research from an experienced pedestrian accident lawyer to know who was negligent in the accident.
Georgia Laws Pedestrians Must Follow
As a pedestrian, the law is typically on your side. However, if you were acting negligently before getting hit by a car, you could also get found partially responsible. As explained previously, comparative negligence would then come into play, and if you’re mostly responsible for your accident, you won’t be able to file for compensation.
Pedestrians are subject to the law, just like drivers. There are several ways a pedestrian can cause their own accident. That is why pedestrians must:
- Obey any traffic-control device instructions that are applicable to them.
- Follow pedestrian control signals.
- Not suddenly leave a curb and run or walk into a vehicle’s path.
- Yield the right of way to vehicles when on a roadway, in most situations.
- Not walk or be on a roadway or shoulder of a roadway when under the influence of alcohol or drugs to the point where they are a hazard.
As you can see, pedestrian laws can be complicated, and there are exceptions to many statutes that apply to specific situations. To ensure you know your rights and how they fit into your accident, speak with a Sandy Springs pedestrian accident lawyer today.
Understanding Driver Negligence
According to the Official Code of Georgia Annotated (OCGA) §40-6-93, every driver in Georgia must “exercise due care” so they do not crash with a pedestrian on the road. This includes honking their horn to warn the pedestrian, if necessary, and being cautious if they come upon anyone who seems impaired, confused, or to be a child.
Driver negligence can mean many things. For example, a driver can be at fault for your pedestrian accident for negligent acts such as:
- Improper left-hand turns
- Not paying attention to marked or unmarked crosswalks
- Distracted driving or driving under the influence
- Using electronics
- Reckless driving through busy streets
- Not following traffic laws or signs set for pedestrians
- Not accounting for children or the elderly crossing the street
No matter how your accident happened, you can recover compensation if you weren’t at fault. To get to the bottom of the reason behind your accident, you should always retain legal representation as soon as you can.
Pedestrian Accidents Can Be Very Serious
When someone gets hit by a motor vehicle while walking, they are almost always seriously hurt. Pedestrian accidents often happen suddenly and tragically, resulting from a distracted, impaired, or otherwise negligent driver. Unlike auto accidents, where both parties are at least surrounded by a metal vehicle, a pedestrian does not have protection during a collision.
Pedestrian accidents are not rare, either. According to pedestrian safety stats from the Centers for Disease Control and Prevention (CDC), there were 5,977 pedestrians killed in auto accidents in 2017. That amounts to about one pedestrian death every 88 minutes in the United States. In the same year, an estimated 137,000 pedestrians were injured and treated in emergency rooms for crash-related injuries.
If you didn’t cause your accident, you have a right to seek compensation for your damages from the person who did cause the pedestrian accident. However, filing a claim means you have to understand how fault works in Sandy Springs.
Talk to a Sandy Springs Pedestrian Accident Lawyer for Free Today
If you sustained injuries and damages in a pedestrian accident in Sandy Springs, don’t wait to get legal help. John Foy & Associates has pedestrian accident lawyers who are ready to help, and we will not charge you a fee unless we win you money, so there is no risk to you. Contact us online or over the phone today, and we’ll get you started with a free consultation.