While collisions between two vehicles can cause extensive property damage and physical injuries all on their own, those negative effects often multiply when a single motor vehicle strikes an unprotected human being. Pedestrian accidents often cause debilitating injuries, including broken bones, deep lacerations, and catastrophic damage to spines, necks, brains, and even internal organs.
Any victim of someone else's negligence needs civil compensation, especially someone struck by a car while walking or jogging. A knowledgeable Atlanta pedestrian accident lawyer from Atlanta Personal Injury Law Group could help you prove liability on the part of the driver who hit you while also contesting any allegations that you contributed to the accident.
What You Can Expect from Atlanta Personal Injury Law Group
Our attorneys at Atlanta Personal Injury Law Group can be by your side through every step of the car accident claims process. We understand how stressful this process can be, and we’re committed to helping you on the pathway to recovery.
Here’s what you can expect when you hire our team:
- We take a proactive approach to your case. Our attorneys anticipate any challenges you could face, then proactively build a legal strategy to support your success.
- We’re efficient. Car accident claims can drag on, but our team is committed to helping you wrap up your case as efficiently as possible.
- We’re service-oriented. We bring a positive, caring attitude to every client’s case. We’ll listen to your needs and concerns, respond to all your questions, and update you during every step of the legal process.
- We know how to get results. Our team has secured six-figure settlements and awards for injury victims. We can put our experience to work for you and seek your best possible results.
Our team is also proud of the awards and recognitions we’ve received for our work with injury victims, including:
- The National Trial Lawyers Top 40 Under 40
- A Superb Rating from Avvo.com
- An A+ Rating from the Better Business Bureau (BBB)
We Understand Pedestrian Accident Dangers in Atlanta
Atlanta’s population has been on the rise in recent years, and with that growth comes increasingly congested roadways. According to Patch.com, Atlanta has been ranked the 11th most congested city in the U.S.
In an Atlanta Regional Commission (ARC) report, crash data revealed that pedestrian accidents have steadily risen from 1,685 to 2,581 injury crashes in seven years (including both pedestrians and bicyclists).
Additionally, the study found that:
More than 50 percent of pedestrian crashes happen in areas where the posted speed limit is 35 miles per hour or above.
- More crashes per mile occur on streets with four or more lanes.
- Nighttime crashes often lead to significantly more serious injury crashes.
- Poorly functioning or non-existent crosswalks put pedestrians at risk.
The study also notes that the Atlanta area has many roadways with these risk factors.
- Cleveland Avenue at Metropolitan Parkway
- Williams Street at Ivan Allen Boulevard
- Hamilton E. Holmes Drive at Joseph E. Boone Boulevard
- Peachtree Street at Collier Road
- Peachtree Street at Martin Luther King Jr. Drive
- Peachtree Road at Pharr Road
- Clifton Street at Memorial Drive
- Memorial Drive at Peachtree Road
- McDonough Blvd at Moreland Drive
- 4th Street at Spring Street
Our team understands that pedestrians commonly face serious dangers and accident risks in these areas. We know how to gather evidence to show how these or other risky sites harmed you—and that you deserve compensation.
We Know How to Assign Liability for a Pedestrian Crash
In general, all licensed drivers must drive responsibly and carefully around everyone else they share a public road with. However, the Official Code of Georgia Annotated (O.C.G.A.) specifically assigns additional responsibilities to drivers to prevent pedestrian injuries, including sounding their horns to warn pedestrians of their vehicle’s presence and slowing down around children and elderly individuals.
If a driver violates their duty of care by acting recklessly or carelessly and hits a pedestrian, that pedestrian can hold that driver financially liable for any injuries and losses their negligence caused. While drivers are usually assumed to be at fault for such collisions, they are not automatically liable under state civil law if they hit a pedestrian.
What Damages Can Pedestrians Recover?
Assuming they can prove another party’s liability and avoid accusations of comparative negligence, plaintiffs in pedestrian accident cases can seek compensation for every economic and non-economic harm their accident caused them to suffer.
In a typical pedestrian accident claim, recoverable damages may include but are not necessarily limited to:
- Emergency medical expenses
- Expenses for follow-up and rehabilitative medical care, including physical therapy appointments
- Lost wages if an injury causes a plaintiff to miss time at work
- Loss of future earning capacity, if an injury permanently changes a plaintiff’s ability to perform certain kinds of work
- Physical pain and emotional anguish
- Loss of consortium
- Loss of enjoyment of life
You may recover other damages in your case, depending on your situation. Our attorneys can explain any other damages for which you may qualify.
Calculating Financial Damages
Determining how much you should receive for financial damages may seem straightforward. After all, you may have your receipts and invoices for expenses related to the crash. Totaling these up may provide a clear picture of how much the accident cost you.
However, our attorneys can work to understand not only what you’ve already lost but the costs that you could be facing down the road. Here’s an example:
Let's say you were seriously injured in a crash and sustained a traumatic brain injury (TBI). You've missed two months of work while recovering from surgery. After monitoring your progress, your doctor states that you could return to your former job in six months if you attend physical therapy and other rehabilitation.
You may face:
- Six months of future income losses
- Uncertainty about whether you will ever return to your old job
- Rehab costs
Our attorneys can factor in these future expected losses to seek a settlement that may encompass your damages.
Calculating Non-Financial Damages
Non-financial losses also take a toll on your life. However, as these losses are more emotional or psychological, you may not know what amount to claim when you seek compensation.
Our attorneys have experience determining an appropriate valuation for non-financial damages. We can gather expert witness testimony, such as from a psychologist or another party, to demonstrate the extent of your hardships and seek the compensation you deserve.
Seeking Wrongful Death Damages if You Lost a Loved One
Losing a loved one suddenly in an accident can be overwhelming. At the same time, you could face serious financial strain.
We are truly sorry if you have lost a loved one in a pedestrian accident.
Our compassionate team can handle every aspect of your legal case and help you recover damages, such as:
- Loss of companionship and services
- Loss of income to your family
- Funeral and burial costs
- Medical expenses required before your loved one’s passing
What to Do After a Pedestrian Accident
The aftermath of a pedestrian accident can be chaotic.
However, if you can do so:
- File a crash report. Even pedestrians should file an accident report if a vehicle hit them. The crash report can serve as crucial evidence of the driver’s negligence.
- Get medical care promptly. If you have any injury symptoms, seek medical attention immediately. Even if you think you're unharmed, you may still want a doctor to check you out just to rule out any invisible complications of the crash.
- Follow your advised treatment plan. It's crucial to listen to your doctor's orders after an accident. The other party may lower your settlement, claiming you made your initial injuries worse if you delay or avoid treatment.
- Be brief with the insurance company. If you get a call from an insurance company's representative—such as the liable driver's insurer—know that you are under no obligation to give them detailed information about the accident or your injuries. If they ask you to give a recorded statement, decline. These comments could be interpreted negatively in the context of your case. If you hire a lawyer from our team, we can handle any communications with insurance companies and protect your case.
- Get a free case review from our team. We offer free consultations so that you can learn your legal options. Knowing what to expect after a car accident can help you maximize your recoverable compensation.
Statute of Limitations for Pedestrian Collision Claims
In addition to examining a case and determining what specific damages may be recoverable for the situation, a seasoned pedestrian wreck lawyer could help a potential plaintiff in Atlanta to file their case on time. Georgia law sets a two-year statutory filing deadline for an injured victim to bring a claim for damages. Waiting too long could bar you from seeking compensation.
Frequently Asked Questions in an Atlanta Pedestrian Accident Case
Our team is prepared to answer all of your questions after a pedestrian accident. Take a look at our answers to the following common questions we've received from victims:
How Do I Know if I Have a Pedestrian Accident Claim?
This is likely one of the first questions on your mind after a pedestrian accident. It can be hard to be sure of your legal options without first consulting with a lawyer’s team. However, you should know that if someone else caused your pedestrian accident and was responsible for your injuries, you could have a case.
In legal terms, you or a lawyer from our team needs to show that:
- Someone owed you a duty of care.
- They breached that duty of care.
- They injured you and you suffered damages, such as medical bills.
Can I Get Compensation if I Wasn’t in a Crosswalk?
As mentioned, Georgia law states that you can still recover compensation even if you were partially responsible for the crash. So, even if you crossed outside of a crosswalk, you can hold the driver or another party responsible if they crashed into you.
Do I Need to Go to Court?
Sometimes, our attorneys take pedestrian accident cases to trial. Most of these cases settle out of court during negotiations with the insurance company. However, we may immediately file a lawsuit or proceed to file suit if the other party won't make a fair settlement offer.
Also, even if we file a lawsuit, this doesn't mean we will end up in a courtroom. Often, filing suit signals to the other party that we are serious about the case—and in turn, they end up agreeing to a fair offer before a trial begins. If we go before a jury, we'll prepare you for the process.
How Much Money Could I Receive?
There is no predetermined amount that pedestrian accident victims can expect in a settlement or jury verdict.
Many factors can affect your case’s ultimate value, including:
- The seriousness of your injuries
- The extent of your medical bills
- The identity of the liable party
- And other factors
What Does it Cost to Hire a Lawyer?
We know that the cost of hiring a lawyer may hold many people back from seeking legal help. However, you should know that you don’t have to pay any upfront fees if you hire us.
Our attorneys work on contingency, which means that:
- We only get paid if we win results for you.
- Your legal fees come as a portion of your final settlement or award.
- There is no financial risk to you in starting a case.
What if the Driver Fled the Scene After the Crash?
If the driver fled the accident scene, you may feel like you have no legal options. However, this isn't necessarily true. After all, the police may eventually locate the liable driver. At that point, you could file a claim or a lawsuit to hold them responsible.
If police never find the driver, you may have to work with your own insurance coverage. You may have purchased uninsured or underinsured motorist coverage. You can use it to claim compensation if you're the victim of a hit-and-run accident since the party that fled the scene effectively lacks insurance coverage for the purposes of your case.
What Should I Expect During the Free Case Review?
During your case review, you can ask us any questions about your case or what it's like to work with our team.
You can ask:
- What types of damages could I seek?
- What is your experience with cases like mine?
- How do your contingency fees work?
- What does the legal process entail?
- How will you keep me updated throughout my case?
Learn More by Talking to an Atlanta Pedestrian Accident Attorney’s Team
Getting struck by a motor vehicle with no vehicle of your own to protect you from the impact is one of the most devastating accidents you could suffer. Pedestrian crashes cause long-term and catastrophic harm to victims, and even if you do not suffer permanent damage, you could still face thousands of dollars in medical bills and other expenses.
If you were recently involved in a pedestrian accident, the negligent driver who hit you should bear the costs of your injuries and losses, not you. Get in touch with an Atlanta vehicle accident lawyer from our team today for your free consultation. Please contact our Atlanta pedestrian accident lawyers online or call us at (404) 609-1724.