Figuring out the cause of your pedestrian accident is essential if you hope to avoid covering the costs associated with your injuries. By closely evaluating the cause of the accident, we can uncover the identities of anyone and everyone who may have contributed to the injuries you suffered.
With help from a dedicated Atlanta pedestrian accident attorney at John Foy & Associates, you can hold the liable party accountable and maximize your financial compensation. Here is more about the most common causes of pedestrian accidents and how you can recover maximum compensation for your damages.
One of the most common causes of pedestrian accidents is negligent driving. Negligent driving involves any type of unsafe driving practices. All motorists should understand how to drive safely before being licensed and operating a motor vehicle. Therefore, any type of dangerous driving could be considered negligent.
Some examples of negligent driving include:
- Driving over the speed limit
- Distracted driving
- Following too closely
- Failure to yield to the pedestrian’s right of way
- Failure to stop at a traffic light or stop sign
- Driving under the influence of drugs or alcohol
- Driving while fatigued
- Making unlawful turns
- Turning without using a turn signal
- Road rage
- Driving aggressively
- Reckless driving
Generally, when a negligent driver is the cause of a pedestrian accident, that driver will be held accountable. Since Georgia is a fault state for tort claims, including pedestrian accidents and personal injury lawsuits, the liable party will be expected to compensate you for your damages. With help from a personal injury attorney, you can explore your legal options and hold them accountable for their recklessness.
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Auto Part Defects
Another top cause of pedestrian accidents is auto part defects. It is not unusual for motor vehicle parts to be defective or malfunction. Unfortunately, even when recalls are issued, auto defects have been known to cause debilitating injuries when motorists are incapable of stopping or avoiding crashing into a pedestrian. Some of the most common types of auto part defects include:
- Fuel pumps
- Gas lines
- Steering columns
- Ignition switches
When defective motor vehicle parts are the cause of your pedestrian accident, you may have the right to take legal action against one or more of the following parties:
- Auto parts manufacturers
- Vehicle parts designers
- Parts distributors and suppliers
- Auto part retail stores
- Motor vehicle dealerships
- Business executives
- Safety inspectors
- Auto mechanics
Hazardous Road Conditions
Pedestrian accidents are frequently caused by dangerous roads. Although pedestrian accidents can occur due to wildlife or inclement weather, when we say “dangerous roads,” what we mean is the roadway conditions are hazardous. Some examples of hazardous road conditions that have been known to cause pedestrian accident injuries and deaths include:
- Failure to install street lights in areas known to be dangerous
- Failure to fill potholes or repair broken pavement
- Failure to properly secure road construction zones
- Failure to replace missing or destroyed street signs
- Failure to repair traffic lights
These are just a few road dangers that could result in pedestrian accident injuries. For example, if you were walking down a one-way street and were suddenly struck by a driver traveling in the wrong direction, not only might you have grounds for a claim against the driver that hit you, but you might also be able to sue the government agencies or municipalities responsible for ensuring roads have the necessary street signs. Some of the parties that are often sued in pedestrian accidents caused by dangerous road conditions include:
- State leadership and officials
- Local municipalities
- Government employees
- The Georgia Department of Transportation (GDOT)
- Government-contracted safety inspectors
- The Metropolitan Atlanta Rapid Transit Authority (MARTA)
- Government-contracted road construction workers
Pedestrians may also share blame for the injuries they sustained. For example, if you were crossing the street but did not use the crosswalk or wait for the signal to cross safely, you might share the blame for your injuries when struck by a vehicle.
Generally, as long as pedestrians are in a crosswalk, they have the right of way. However, if there is no crosswalk signal light, it can make your case far more complex.
What if You Share Blame?
Fortunately, even if you do share blame for the accident, and since Georgia is a modified comparative negligence state, you can still recover a portion of your losses. You will be held accountable for your part in causing the collision by having your settlement reduced.
You can expect your portion of the blame to be deducted from your payout. For example, if 20% of the accident was your fault and 80% of the accident was someone else’s fault, you would lose 20% of your settlement.
Unfortunately, since allegations of shared liability are one of the top ways defendants avoid liability, it is crucial to make sure that you have an experienced pedestrian accident attorney advocating for your rights and challenging accusations accordingly.
How Pedestrian Accident Victims Can Recover Compensation
When you are struck by a car while walking, you have several opportunities to recover the compensation you are entitled to. Some of the most common options include filing a claim with the insurance company or pursuing a pedestrian accident lawsuit in civil court.
File an Insurance Claim
Filing an insurance claim gives you a chance to recover compensation for your medical bills and personal property damages. However, most insurance policies do not cover other types of economic losses or non-economic damages. If the defendant does not have insurance coverage or does not have enough to fully compensate you for your damages, you will need to bring your case to court.
File a Lawsuit Against the Liable Party
When you file a pedestrian accident lawsuit, you have the right to be awarded for every single way you have been affected by your injuries. Some examples of recoverable damages in pedestrian accident lawsuits include:
- Pain and suffering
- Loss of consortium
- Lost wages
- Diminished quality of life
- Loss of future earnings
- Loss of household services
- Mental anguish
- Medical bills
Connect with a Pedestrian Accident Lawyer Today
There are many different reasons your pedestrian accident may have occurred. Only an in-depth investigation will reveal who should be held accountable for your damages. Learn more about your legal options for financial relief when you meet with an experienced pedestrian accident attorney at John Foy & Associates.
Our team proudly offers confidential case reviews to pedestrian accident victims across the state of Georgia. Claim yours when you fill out our quick contact form or call our office today.