If you suffered injuries in a pedestrian accident caused by a careless or reckless driver, you have a right to pursue compensation from the negligent motorist. The Atlanta pedestrian accident lawyers from our team can help. At Atlanta Personal Injury Law Group, we build strong cases and fight for justice for our clients.
Reach out to our team today for your free legal consultation. We will review the facts of your pedestrian accident, explain how to best approach the case, and discuss your options for seeking compensation. We also answer your questions and explain our fees and services during this complimentary case review.
Table of Contents
- Reasons to Choose Atlanta Personal Injury Law Group for Your Pedestrian Accident Case
- Building an Atlanta Pedestrian Accident Case Against the At-Fault Driver
- Types of Injuries, Evidence, and Damages in Atlanta Pedestrian Crashes
- We Take Action for Clients Hurt in Atlanta Pedestrian Crashes
- Frequently Asked Questions (FAQs) for Atlanta Pedestrian Accident Lawyers
- Talk About Your Atlanta Pedestrian Accident Case With Our Team for Free
How Your Atlanta Pedestrian Accident Attorney Builds a Case Against the At-Fault Driver
When it comes to car vs. pedestrian crashes in Atlanta, state law has numerous provisions to protect pedestrians. When a driver violates one of these laws and causes a pedestrian accident injury, state law also allows the victim to pursue a case against them. Our team has a comprehensive understanding of both local traffic laws and Georgia law as it relates to your personal injury case. We will use these to build a compelling claim on your behalf and hold the negligent driver or other party accountable.
Building a case requires showing the four elements of negligence:
- The driver had a duty to behave a certain way, usually established by traffic or pedestrian safety laws in Georgia
- They breached this duty, usually by violating a law
- This breach caused the collision
- The pedestrian suffered physically and financially
Atlanta Pedestrian Accidents Are on the Rise
Georgia pedestrian accidents are a serious concern both for city planners and residents, alike. Atlanta is a particularly bad city for pedestrians, and motor vehicle vs. pedestrian crashes are common. City planners and administrators continue to try to reduce the risks, but finding solutions is challenging.
According to the Atlanta Regional Commission (ARC), traffic accidents involving pedestrians and bicyclists increased from an annual total of 1,685 to 2,581 over seven years. This 53 percent increase in collisions stemmed from a dramatic rise in pedestrian accidents.
The ARC study also found several significant factors that contribute to Atlanta pedestrian accidents. More than half occurred in areas where the speed limit is 35 miles per hour or higher. More also occurred on streets with four or more lanes. The most serious pedestrian accidents occurred at night. Poorly designed, non-functioning, or non-existent crosswalks also played a role.
The Most Dangerous Intersections in Atlanta for Pedestrians
A Safer Streets study conducted as part of Atlanta’s Transportation Plan found the most dangerous intersections for pedestrians include:
- 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 Boulevard at Moreland Drive
- 4th Street at Spring Street
Understanding where and when pedestrian accidents occur can help planners reduce the rate of these crashes, but it does not help our clients who have already suffered injuries. Our team gives injured pedestrians the support and legal representation they need to seek the compensation they deserve.
Types of Injuries, Evidence, and Damages in Atlanta Pedestrian Crashes
A heavy vehicle made of metal and fiberglass that strikes a person on foot can cause catastrophic pedestrian accident injuries, such as:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Broken bones or fractures
- Crush injuries
- Internal injuries
Studies show that among those who sustain traumatic brain injuries in traffic accidents, pedestrian deaths are much more likely than fatalities among vehicle occupants. In general, pedestrians tend to suffer much more serious injuries when involved in motor vehicle accidents.
Gathering Evidence After an Atlanta Pedestrian Crash
As attorneys who handle personal injury claims and lawsuits, our team understands how different each pedestrian accident claim can be. We thoroughly investigate the details of the accident to get a better picture of what happened, who is responsible, and what damages our client suffered.
Potential evidence in a pedestrian accident case includes:
- The accident or police report filed by responding officers
- An accident scene survey
- Eyewitness statements
- Accident reconstruction
- Relevant medical records
- Records of other pedestrian accidents in the area
- Expert input on injuries, future medical needs, and economic effects
- Documentation of recoverable damages
Once we have the necessary evidence to support a claim or lawsuit, we can calculate a fair settlement range for the case.
Identifying the Recoverable Damages
Recoverable damages differ from case to case but often include:
- Medical expenses, treatment, and related costs
- Future medical needs and ongoing care expenses
- Income losses
- Reduced earning capacity because of lasting injuries
- Property damage
- Miscellaneous expenses with receipts
- Pain and suffering damages
Economic damages are relatively straightforward. Your pedestrian accidents lawyer can calculate treatment costs to date from medical bills, assess lost wages, earnings, and income from pay stubs, and examine other records and receipts. However, estimating future expenses and losses is more difficult. We often work with experts to understand our client's prognosis, ongoing care and support needs, and future medical treatment. This information also helps us predict future income losses.
Lastly, we use everything else we have learned to determine how much non-economic damages might be worth. Because pain and suffering are both intangible losses, we rely on our experience with similar cases, knowledge of the calculation process, and other resources to estimate these damages.
Wrongful Death Damages After a Deadly Pedestrian Accident
Our attorneys also handle wrongful death cases under the applicable state law. If your loved one died from severe injuries in a fatal pedestrian accident, an Atlanta pedestrian accident lawyer from our law firm can estimate the value of the case and file a claim or lawsuit to recover damages for your family. Learn more during your free initial consultation with our team.
We Take Action for Clients Hurt in Atlanta Pedestrian Crashes
If you suffered injuries when a careless or reckless driver hit you, an Atlanta pedestrian accident attorney is here to help. We begin by thoroughly investigating the crash and gathering evidence to support the allegations that the motorist caused your accident and injuries.
Once we have the necessary evidence, we have two options for pursuing compensation:
- Demanding compensation through an insurance claim
- Suing the liable party and preparing the case for court
Which option is best, or the decision to shift from one option to the other, depends on the circumstances of the case. We often negotiate a settlement in pedestrian accident cases without suing. Many lawsuits also end in out-of-court settlements, with few actually going to trial. However, our lawyers in Atlanta are fully prepared to represent you before a judge and jury when necessary to protect your rights and recover the compensation you deserve.
Generally, injury victims have up to two years from the date of an accident to sue the at-fault driver. There are exceptions that can shorten this timeline, so we encourage you to contact Atlanta Personal Injury Law Group about your accident as soon as your injuries allow. Speaking with a personal injury lawyer as soon as possible gives us the best opportunity to develop a strong case and protect your right to pursue fair compensation.
Frequently Asked Questions (FAQs) for Atlanta Pedestrian Accident Lawyers
There are several common questions that pedestrian accident victims often ask our attorneys. Please note that the answers provided below are general answers that apply to a wide range of accident cases. We can offer answers specific to your case and circumstances during your free consultation with our team.
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 an experienced personal injury attorney. 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.
How Much Is My Atlanta Pedestrian Accident Case Worth?
There is no way to know how much your pedestrian accident and injuries might be worth until we gather documentation of your damages and calculate a fair range for financial recovery. This essential step in the process ensures that we seek the right payout for your losses.
If you consider accepting an offer before knowing the full range of your recoverable damages, you could leave thousands of dollars on the table. Because you cannot seek additional compensation after accepting a settlement, you might also have to pay for future medical care and other related expenses on your own.
How Long Will It Take to Get Money for My Pedestrian Accident Damages?
There is also no way to know exactly how long it will take to reach a settlement in your case. Some cases are resolved in only a few weeks, while others stretch on for a year or more. It generally takes longer to take a case to trial than it does to settle, but sometimes going to trial is necessary to recover fair compensation.
Many different factors affect how long it takes to navigate the claims process and recover compensation for our clients. Your attorney can offer advice and guidance about paying bills and meeting your financial obligations in the meantime.
The Insurance Company Made an Offer. Should I Agree to a Settlement in My Case?
Victims often get excited when the negligent driver’s insurance provider makes a prompt settlement offer. These offers often come in the first few weeks after a crash and may sound like a lot of money. However, accepting a settlement is not a good idea until you have a strong understanding of the true value of your case.
Our attorneys establish a fair settlement range for every accident case before we file a claim, so we know when negotiations reach that acceptable range. Agreeing to a payout too early, especially before you know how much your total medical care and lost income will cost, is a bad idea. You could lose a lot of money and struggle to pay for your needs in the future.
What If My Loved One Suffered Injuries But Cannot Act on Their Own?
Our team represents families whose loved ones suffered catastrophic injuries and cannot take legal action on their own behalf. We can assess your legal options with you during a free case review. If your spouse, child, or parent has a significant injury that prevents them from contacting us, we encourage you to reach out.
At Atlanta Personal Injury Law Group, we handle personal injury cases and wrongful death actions. We can help you and your family seek compensation based on the facts of your loved one’s case.
Do I Have to Sue the Driver to Recover Compensation?
Not all pedestrian accident cases require us to sue the at-fault driver. Even fewer require us to take the case to trial. We often demand compensation from the insurance company based on their policyholder’s actions and negotiate a fair settlement for our clients. Whenever this is possible, we may not need to file a civil lawsuit.
Our attorneys assess the best options for every client in every case. Sometimes, there are benefits to filing a lawsuit, but this does not necessarily mean the case will go to trial. We only take accident cases to trial when there are advantages to our clients by doing so. We can discuss these advantages if they exist in your case.
How Much Does it Cost to Hire an Atlanta Pedestrian Accident Lawyer?
We will never charge our clients anything upfront or without security financial compensation for them. When you choose to work with our Atlanta personal injury lawyers, you do so under a contingency fee arrangement, meaning that we must obtain a settlement or verdict for your case for our attorneys to be paid. Additionally, we'll handle all expenses related to filing fees, investigations, and expert witnesses throughout the duration of your claim. Therefore, you can rest easy knowing that you will not have to grapple with additional costs while you're still recovering from your injuries.
Talk About Your Atlanta Pedestrian Accident Case With Our Team for Free
Atlanta Personal Injury Law Group provides free case reviews for pedestrian accident clients to ask their questions and understand their legal rights. If you suffered injuries in a pedestrian accident in Atlanta, we'd like to discuss your options for compensation with you.