Within moments, an innocent walk in Smyrna can turn into a tragic accident. Drivers must be careful to watch the road at all times. If they don’t, it can lead to a pedestrian accident. If this has happened to you or a loved one, call a Smyrna pedestrian accident lawyer.
You should not bear the expenses from a collision you didn’t cause. If you suffered injuries in a pedestrian accident, you have options. An experienced lawyer can help you seek compensation.
John Foy & Associates is here to help. For over 20 years, we’ve been helping injury victims win what they deserve. To schedule a FREE, no-risk consultation, call (404) 400-4000, or contact us online.
Common Causes of Pedestrian Accidents in Smyrna
Drivers are almost always at fault for pedestrian accidents. Here are some of the most common reasons these collisions happen.
Failure to Yield
Georgia law has specific right-of-way laws for drivers and pedestrians. For example, Georgia Code Section 40-6-91 directs drivers to stop and let a pedestrian cross when:
- The pedestrian is in a crosswalk on the road where the driver is traveling.
- The pedestrian is approaching or the lane where the driver is traveling or turning.
Drivers should also stop and yield to pedestrians who have a “walk” sign while crossing. If a driver does not follow yield laws, they can hit a pedestrian.
Exceeding the speed limit is dangerous for many reasons. Drivers have less control of their vehicle and less time to respond to hazards while speeding. A speeding driver is more likely to make mistakes, such as hitting those walking on the road.
The faster a driver is going, the longer it will take the car to stop. Speeding can increase the severity of injuries in a pedestrian accident.
Distracted driving is all too common — and incredibly dangerous. Examples of distracted driving include:
- Texting while driving
- Checking email
- Talking on the phone
- Changing the radio
- Putting on makeup
- Talking to passengers
- Eating or drinking
- Programming a GPS
Just a few seconds of distraction can cause a severe accident. The driver might swerve out of their lane, run a red light, or run off the road. In any of these situations, the driver might hit another car or a pedestrian.
Drunk drivers are too impaired to make safe choices. They might not even realize a pedestrian is in front of them until it’s too late. Pedestrian accidents with drunk drivers are especially common at night.
Not Checking Mirrors
Drivers should check their side and rear mirrors often. Pedestrian accidents can happen when a driver backs up without checking their rear mirror. Sadly, these types of accidents are especially if small children are nearby.
Drivers’ Duty to Pedestrians
According to Georgia Code Section 40-6-93, each driver should “exercise due care” to:
- Avoid hitting a pedestrian on any roadway.
- Give warning by honking their horn (if necessary).
- Be cautious when driving near children or confused or intoxicated pedestrians.
If a driver’s carelessness leads to a pedestrian accident, that driver is liable. As a victim pedestrian, you might be entitled to damages. The at-fault driver could be responsible for all of your costs.
Your damages may include:
- Medical costs
- Lost wages
- Property damage
- Pain and suffering
Pedestrian accident injuries are typically extreme. You should not have to pay for what you’ve suffered. To learn your legal options, talk to a Smyrna pedestrian accident lawyer today.
Don’t Trust the Insurance Company After Your Accident
If a driver hits you as a pedestrian, you likely have a legal case. You can file a personal injury claim against the driver’s auto insurance company. This is where things get tricky.
Insurance companies are for-profit businesses. They care most about their profits. When you file a claim, the insurer will look for ways to pay as little as possible.
Be very careful when communicating with the insurance company. It’s best to avoid speaking with them until you have a lawyer. That’s because insurers will use tactics like:
- Offering you a lowball settlement offer.
- Downplaying your injuries.
- Encouraging you to say things they can use against you.
Insurance adjusters know what they’re doing. They might seem friendly and concerned about you, but don’t be fooled. Their job is to reduce what they pay.
The best way to protect your rights is with a pedestrian accident lawyer. Your lawyer can communicate and negotiate with the insurance company for you. You can focus on your treatment instead of stressing about legal details.
Smyrna Pedestrian Accident Damages
There are two main categories of personal injury damages:
- Special damages
- General damages
Special damages include medical costs and lost wages. You can prove these costs with medical bills and other documentation. Be sure to save all evidence of your losses for your claim.
General damages are about emotional injuries without a set dollar amount. Examples include anxiety, depression, mental trauma, and loss of enjoyment of life. Your lawyer will know how to determine the worth of these damages.
Pedestrian accidents usually involve a lot of damages. Pedestrians do not have the protection of a vehicle like drivers do during a crash. The injuries tend to be severe or life-threatening. You and your lawyer will need to account for all costs so that you don’t get stuck paying for them.
Pedestrian Wrongful Death Claims
Unfortunately, pedestrian accidents often end in death. If you lost a loved one in a pedestrian accident, talk to a lawyer. You might be able to file a wrongful death claim.
Wrongful death compensation can help a family cover accident costs after a loved one passes.
Talk to a Smyrna Pedestrian Accident Lawyer for Free Today
John Foy & Associates has been helping accident victims for over 20 years. Over the last two decades, we’ve become one of the largest firms in Georgia. We always support accident victims.
To get a FREE consultation, call (404) 400-4000, or contact us online. We do not charge a fee unless we win your case. Contact us today to schedule your FREE consultation.