Although collisions between two motor vehicles can be devastating, car accidents that involve pedestrians are often even more dangerous. People on foot do not have any protection against the impact of a car, truck, or motorcycle.
As such, pedestrians suffer severe or even fatal injuries when careless drivers strike them.
If you experienced a life-changing injury or lost a beloved family member due to a car crash, consult a Roswell pedestrian accident lawyer. Our team from Atlanta Personal Injury Law Group provides free consultations. A skilled personal injury attorney could help you bring a claim for monetary damages against the driver responsible for your suffering.
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Common Causes of Pedestrian Accidents in Roswell
Drivers must exercise caution when they are on the road. In addition to being aware of other cars around them, it is critical for motorists to look out for pedestrians.
However, accidents can occur when a driver:
- Uses their phone, tunes the radio, or eats and fails to see a person on the road
- Turns left at an intersection and fails to notice a person using the crosswalk
- Fails to stop at a red light or stop sign, or does not yield at a crosswalk
- Turns into a driveway or parking lot without looking around
- Backs out of a driveway or parking space without checking to see if there is somebody behind them
- Speeds and is unable to stop in time to prevent an accident
- Drives under the influence, causing them to be less observant and have a slower reaction time
- Drives in poor weather conditions that lead to decreased visibility and slippery roads
What are Frequent Sites for Pedestrian Collisions?
Motorists need to exercise caution in all areas, but they need to be particularly vigilant when driving in:
- School zones
- Residential neighborhoods
- Shopping areas
- Recreational areas
Pedestrians should also note when and where these accidents most commonly occur.
According to the National Highway Traffic Safety Administration (NHTSA), most 2020 pedestrian accident deaths occurred:
- In cities (82 percent)
- Not at intersections (75 percent), at intersections (15 percent), and in other areas such as parking lots (10 percent)
- At night (77 percent)
- On Saturday before sunrise and after sunset
Also, more pedestrian accidents happen on Saturdays than on any other day of the week, before sunrise and after sunset.
Why Is Roswell Dangerous for Pedestrians?
Over the last few decades, Roswell’s growth led to overcrowded streets, difficult parking, and dangerous conditions for motorists and pedestrians alike. Just 40 years ago, Roswell was a sleepy Atlanta suburb. As the city grew and spread outside the Perimeter, many people, businesses, and traffic moved in.
The appeal of Roswell’s location is likely a direct result of its proximity to five state highways:
- S.R. 400
- S.R. 92
- S.R. 9
- S.R. 120
- S.R. 140
Walking along or crossing these roadways or connecting streets is often extremely dangerous. Add the numerous parking lots, alleys, driveways, and other areas that people navigate on foot daily, and the high number of pedestrian accidents in Roswell is no surprise.
Common Pedestrian vs. Car Accident Injuries
When a vehicle hits an individual, serious injuries are common.
Many victims suffer painful and even catastrophic injuries, such as:
- Traumatic brain injuries (TBIs), concussions, and other head injuries
- Neck and back injuries, including spinal cord injuries
- Fractures, compound breaks, and other limb injuries
- Amputation and loss of use injuries
- Internal organ damage
- Significant contusions and abrasions
- Scarring and disfigurement
We understand how difficult it is to pursue an insurance claim or lawsuit while fighting to recover from your injuries. We represent our clients and handle every aspect of their case so they can focus on healing and rehabilitation.
Our accident attorneys also manage wrongful death cases, which are all too common after an Atlanta pedestrian collision. Severe injuries can lead to death on the scene, at the hospital, or weeks or months later. We know how to navigate these cases for mourning family members and seek compensation for your losses. We believe in holding the liable parties responsible and getting justice for lost loved ones.
Evidence After Being Hit by a Car
An experienced pedestrian crash attorney knows where to look to find pertinent evidence and how to investigate the cause of an accident.
Important information can come from various sources, including:
- Police reports
- Medical records
- Traffic camera footage
- Eyewitness testimony
Assistance from a skilled legal professional may be crucial to determining what caused the accident and if the driver bears legal responsibility for the pedestrian's injuries. Our team also consults with experts and medical professionals to understand each client's prognosis, future treatment, and ongoing care needs. Our clients deserve compensation for future needs and current treatments.
Recovering Damages After Your Roswell Pedestrian Accident
Georgia law allows victims of traffic accidents to pursue damages through an insurance claim or civil lawsuit. Both require victims to show that another party—usually the driver in the crash—caused the accident and their injuries. With the proper evidence, the victim can try to recover money for their related expenses and losses.
If the victim has catastrophic, life-altering injuries, they should focus on their care, healing, and rehabilitation. They should not have to worry about how to pay their medical bills or other financial concerns caused by their accident and the resulting injuries. A lawyer can help with your pedestrian accident case during this critical time.
Proving Your Case
Like other traffic accidents, pedestrian collisions generally occur because of negligence. One party acts recklessly or carelessly, and another party suffers the consequences. When this happens, Georgia law allows the victim to build a case and hold the negligent party legally responsible. In many cases, their auto liability insurance provider agrees to a fair settlement with the victim based on their documented damages.
Evidence gathered in these cases must show four elements to confirm that negligence occurred:
- The driver had a duty to behave a certain way to keep the pedestrian safe
- The driver failed to uphold that duty
- The driver’s failure caused the collision
- The pedestrian suffered physical, emotional, and financial harm
When you work with one of our pedestrian accident attorneys, we can investigate what happened and gather the necessary evidence to show these four factors. We also calculate the value of your case, documenting your recoverable costs and losses.
Damages Available
The recoverable damages in a Roswell pedestrian accident case depend on many unique factors. We determine a fair settlement value based on the documented costs and losses during our investigation.
Some common examples include:
- Medical treatment and all related expenses
- Future and ongoing care and support for long-term injuries
- Lost income, including salary, hourly pay, gig work, tips, and commissions earned from all sources
- Diminished earning capacity for permanent injuries
- Property damages, such as a broken smartphone, glasses, or laptop
- Pain and suffering experienced because of the incident
- Other intangible losses
Our team also represents families who lost loved ones in pedestrian accidents in Roswell and nearby areas. These cases are often more complex, but we have the necessary knowledge of Georgia’s wrongful death laws to recover damages for our clients.
The Role of Your Attorney
When the Atlanta Personal Injury Law Group represents a client hurt in a Roswell pedestrian accident, we manage the entire process. This includes gathering evidence, navigating the claims process, demanding fair compensation, and negotiating with the insurer. Our clients receive regular case updates and can always get answers to their questions.
You can also count on our team to protect your rights and fight for the best possible outcome. If necessary, we can sue the at-fault driver and take your case to trial. We do not back down just because the insurer does not agree to a fair settlement. Our clients deserve justice, and we believe in holding those who acted negligently responsible.
Legal Deadlines
Under Georgia law, you likely have only two years to sue for your Roswell injury accident. Many cases settle without the victim needing to file a lawsuit in a Fulton County civil court. However, legal action is sometimes necessary. Your attorney can explain why.
While this two-year deadline only applies to lawsuits, losing the right to sue makes it impossible to negotiate with the insurer to get a fair settlement. The option of going to court provides significant leverage in these talks.
Why Hire the Atlanta Personal Injury Law Group?
At the Atlanta Personal Injury Law Group, our attorneys believe in holding at-fault parties liable and recovering compensation for their victims. Victims of serious accidents deserve compensation for their injuries and should not have to pay bills for someone else’s negligent behaviors.
We know how often people suffer preventable injuries that change their life forever. One careless mistake or reckless action on the highway can have catastrophic results for the victim. We believe all victims deserve protection, support, and advocacy as they recover, and that’s what we are here for.
Our accident lawyers handle cases involving minor and moderate injuries and catastrophic injury claims. If you suffered injuries that required medical care and cost you time at work, our team may be able to help. We provide free consultations and work based on contingency, so our clients do not pay any upfront fees or out-of-pocket costs.
Could a Pedestrian Cause a Car Crash?
Even if a pedestrian partially caused an accident, they could still pursue recovery for their injuries. Georgia courts operate with a modified comparative negligence standard, so most pedestrians can recover damages. An injured pedestrian in Roswell may benefit from working with a persistent lawyer who could collect and present evidence of the driver's liability.
Frequently Asked Questions About Roswell Pedestrian Accidents
These are some of the most common questions we hear from our clients during free consultations. We also offer information specific to your case during your initial conversation with our team.
What Rights Do I Have After a Roswell Pedestrian Collision?
If a driver injures you, you have a right to pursue compensation from them under Georgia law. Filing a claim based on the at-fault party’s auto liability insurance policy could help pay for your medical bills and other damages. Alternatively, building a civil case and suing the at-fault driver may allow you to recover money for your related expenses and losses, including both economic and non-economic damages.
Our team protects victims’ rights and pursues fair compensation for them in Roswell pedestrian accident claims and lawsuits. We may be able to help you get the money you need to pay your bills, cover your missed income, replace broken personal property, and more.
What If the Driver Left the Scene?
According to the NHTSA, about one out of every four fatal pedestrian accidents in 2020 was a hit and run. This means the driver left the crash scene without stopping to help, providing information to police, or otherwise upholding their obligations as a motorist. Even in non-fatal accidents with pedestrians, the driver must obey these laws.
When a driver leaves the scene of an accident, it is usually more difficult for the victim to pursue compensation. Law enforcement, insurance companies, and attorneys can sometimes identify the driver using witness statements or video footage, making it possible to pursue a fault-based claim or lawsuit.
There are also options for seeking compensation when no one identifies the hit and run driver. Our team can explain your choices—such as your uninsured motorist coverage, health insurance policy, or other coverage—and help you pursue the compensation you deserve.
Do I Have a Case if I Did Not Use a Crosswalk?
Yes, you may still have a case. Walking outside a marked crosswalk does not automatically disqualify you for compensation in your case. Drivers are still responsible for following all traffic laws and protecting pedestrians from injury when possible. You may have a strong case to show the driver acted negligently and is legally responsible for your injuries.
Who Is Responsible for My Medical Bills and Care Costs?
Georgia law recognizes fault-based car accident claims. Unlike some states where you must turn to your no-fault coverage, Georgia allows victims to pursue a case against the at-fault driver. If a driver's carelessness or recklessness caused your pedestrian injuries, you may hold them legally responsible.
Filing a car insurance claim or civil lawsuit could permit you to recover compensation based on the harm you suffered in the crash. This may include medical costs, lost income, pain and suffering, and more.
How Long Will It Take to Recover Compensation?
Every case is different, and there is no set time for how long a pedestrian accident case could take. Generally, pursuing a settlement amount is quicker than using but this is not always the case. While we understand that our clients need money as quickly as possible, our attorneys focus on getting a fair settlement over a fast settlement.
How Much Is My Roswell Pedestrian Accident Injury Case Worth?
Every victim suffers an individual set of injuries in an accident with its own set of circumstances. Expenses and losses can vary widely. We must consider all these factors when putting a fair settlement range on your claim. This is why we cannot offer a speculative value on your case during your initial consultation.
Clients often want to know if pursuing compensation will be worth it. While we may not have a specific answer for you early in the investigation, we can offer our opinion about your legal options and how we believe you should approach your case.
Contact a Roswell Pedestrian Accident Attorney Today
If a motor vehicle struck you or a loved one, reach out to a Roswell pedestrian accident lawyer from our team today. Our legal team will assess your situation and work tirelessly to help you secure the compensation you need. Call our office today at (404) 609-1724 to set up an initial meeting.
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