If you suffered injuries because of a careless or reckless driver, our attorneys are here to help. Our Marietta pedestrian accident lawyers represent victims of negligent motorists who caused injuries, financial harm, and psychological damages. We often recover compensation for clients hit by cars in intersections, while crossing roads, or walking along rural roads without sidewalks. You do not have to fight for fair compensation on your own.
At Atlanta Personal Injury Law Group, our team provides free consultations for pedestrian accident victims in Marietta and the greater Atlanta area. We will assess your case and discuss your legal options during this complimentary review. We will also answer your questions, explain our services and fees, and help determine your next steps.
Table of Contents
- Trust Atlanta Personal Injury Law Group With Your Pedestrian Accident Case
- Which Laws Protect Pedestrians?
- Building a Case to Hold the Driver Responsible for Marietta Pedestrian Injuries
- Frequently Asked Questions (FAQs) for Our Marietta Pedestrian Accident Lawyers
- Discuss Your Options With Our Marietta Pedestrian Accident Team Today
Trust Atlanta Personal Injury Law Group With Your Pedestrian Accident Case
The attorneys from Atlanta Personal Injury Law Group believe that accident victims deserve justice and compensation. You should not have to pay for the injuries, bills, financial losses, and other expenses you incurred because of a driver’s bad behavior behind the wheel. The at-fault driver should be held responsible for any preventable injuries they caused. We aim to make this happen in every case we handle.
Our Marietta pedestrian accident attorneys will protect your rights while we build a case and seek compensation for you. We advocate for our clients and provide the guidance they need to make good decisions about their cases. We want to help every client recover physically, financially, and emotionally.
Many pedestrian accident victims require extensive inpatient care and/or rehabilitation and lose a large amount of income. Some cannot return to work at all. We know they depend on us to represent them fairly and fight for their best interests. We handle all pedestrian accident cases on a contingency basis. In other words, we never charge our clients anything upfront you only pay attorney’s fees after we win your case.
Which Laws Protect Pedestrians?
The Georgia Governor's Office of Highway Safety outlines what rights pedestrians have, all of which are designed to keep them from harm. Georgia Code § 40-6-91 details pedestrian rights at crosswalks, noting that drivers who “squeeze by, drive around, or cut off” a pedestrian are in violation of state laws. Pedestrians permanently have the right of way at crosswalks. However, those who do not use crosswalks must yield to vehicles. Georgia is the only state requiring pedestrians to yield to vehicles in such instances, as it does not feature jaywalking laws.
Drivers must also refrain from blocking crosswalks, stop when they see pedestrians approaching crosswalks, and stop when a pedestrian is in a crosswalk on their side of the road. Drivers must remain stopped until pedestrians have finished crossing the street. Those who violate these laws could be held liable for all damages they cause.
Building a Case to Hold the Driver Responsible for Marietta Pedestrian Injuries
When a motorist makes a mistake behind the wheel and causes a traffic accident, they are legally liable for the expenses and losses they cause. Under state law, the victim can file an insurance claim or civil lawsuit to hold the driver accountable. This same law applies when the victim is a pedestrian hit by a negligent driver.
There are numerous laws meant to protect pedestrians from getting hit by cars. However, some drivers violate these laws, and pedestrians often suffer serious injuries.
The laws include:
- Leaving plenty of space when passing a pedestrian
- Ensuring that crosswalks are clear before continuing
- Yielding to pedestrians in intersections or marked crosswalks
In addition, motorists must follow all other traffic laws, which could prevent pedestrian collisions. For example, drivers must come to a complete stop at a red light. Any pedestrians crossing an intersection generally do so during a red light. If a driver fails to stop as they should, they could hit a pedestrian.
Proving Negligence in Pedestrian Accidents
When a driver hits a pedestrian, the victim needs to show the driver acted negligently to recover compensation in their case.
The four elements to legal negligence include:
- Duty of care, which is often established by a traffic law
- Breach of duty, usually violating the traffic law in question
- Causation, meaning the breach caused the crash
- Damages, including financial, physical, and psychological harm to the victim
When drivers act negligently, they are generally liable for the harm that occurred. In some cases, another party might be vicariously liable as well. For example, with Marietta traffic accidents, state law allows us to hold a commercial driver’s employer vicariously liable when the negligent motorist was working at the time of the crash.
Because of this law, we often file claims against or sue trucking companies and other corporations that employ truckers and commercial drivers. If this applies in your case, we will not back down simply because of the size or reputation of the company. Instead, we will fight for your rights and the compensation you deserve.
Recoverable Damages in a Marietta Pedestrian vs. Car Collision
When a motor vehicle strikes a pedestrian, the driver typically suffers minor (if any) injuries. The pedestrian is not as lucky.
Many factors affect the severity and type of injuries for a pedestrian hit by a car, but they are often serious or catastrophic injuries, such as:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Multiple fractures
- Significant burns and scarring
- Traumatic amputation
- Internal injuries and bleeding
- Severe lacerations
- Crush injuries
When severe injuries occur, the victim usually requires an ambulance or airlift to a local trauma center, hospitalization, rehabilitation, and extended treatment and support. This could mean weeks or months away from work and their usual activities. Some victims never fully recover and require ongoing care and support.
Types of Damages After a Marietta Pedestrian Accident
The costs of serious injuries and income losses add up quickly. We document as many expenses and losses as possible for our clients, which allows us to seek compensation based on their recoverable damages.
Recoverable damages differ from case to case, but often include:
- Medical bills and other treatment-related costs
- Ongoing or future care and support expenses
- Income losses from missed work time
- Diminished earning capacity if our client cannot return to their job (or any job)
- Property damage
- Miscellaneous related expenses
- Pain and suffering damages
Once we identify the damages our client suffered, we use this documentation to calculate a fair settlement range for the case. The calculation process is essential before we demand a fair payout, begin negotiations, or take the case to trial. In addition to current economic damages, we need to estimate the future expenses and losses and value the intangible pain and suffering they endured.
Our attorneys often work with a network of medical and economic experts to learn more about our client’s prognosis, abilities, necessary care and treatment, and other factors that dictate what a fair financial settlement would be.
Our Pedestrian Accident Attorneys Represent Marietta Crash Victims
When our pedestrian accident lawyers represent a client hurt in a Marietta crash, we investigate what happened with several goals in mind.
To win justice and fair compensation for our client, we need to show:
- Who caused the collision
- Why and how the collision occurred
- How it affected our client’s life
- What damages they incurred as a result
The evidence we gather and analyze during this investigation varies from case to case.
However, some common evidence is frequently available to help us show what happened, including:
- The accident report filed by responding police officers
- Eyewitness statements
- An accident scene survey
- Accident reconstruction
- Video of the accident
- Relevant medical records
- Expert information about prognosis and future care needs
- Economic statements
- Documentation of expenses and losses
Moving Forward With the Case
After we have the necessary evidence to clearly outline what happened and show negligence and liability, we generally have two options for proceeding with the case:
- We approach the at-fault driver’s insurance company and demand fair compensation
- We sue the at-fault driver and prepare to take the case to trial
Most successful cases end with a negotiated settlement regardless of whether we file an insurance claim or sue. These cases only rarely go to trial. However, we will represent you and fight for fair compensation at trial if necessary in your case.
Under state law, accident victims generally have just two years to begin their lawsuit against the at-fault driver sometimes, there is even less time. Contact our team as early as possible, and we will protect your right to sue by ensuring that you meet all applicable deadlines.
Frequently Asked Questions (FAQs) for Our Marietta Pedestrian Accident Lawyers
Below are some of the most common questions that potential clients ask our team. These are general answers you can learn more details specific to your case by connecting with us for a free consultation.
How Much Is a Marietta Pedestrian Accident Case Worth?
Every pedestrian accident is different. Each victim suffers unique injuries and has their own set of damages. Therefore, we have no way of knowing how much a case might be worth until we investigate what happened, document the victim’s recoverable damages, and gather evidence that supports the allegations against the at-fault driver.
Before our attorneys demand compensation or take a case to trial on a victim’s behalf, we must establish what we believe is a fair settlement range. This requires us to estimate the value of the client’s expenses and losses, including their future expenses and intangible damages such as pain and suffering.
Why Shouldn’t I Accept an Offer From the Insurer?
Insurance companies often make quick settlement offers to victims of crashes caused by their policyholders. They hope the offer sounds like a lot of money and the victim will accept it without discussing their options with an attorney or waiting to find out how much their injuries will truly cost them.
The total cost of serious injuries adds up quickly. You could owe thousands of dollars in medical bills after your first few hours in the hospital. You want to recover compensation that covers not just your expenses to date, but your future care needs and other losses. The best way to do that is to wait until your injuries are stable and then work with an attorney.
Do I Need an Attorney to Handle My Claim?
Many people choose to handle their insurance claims on their own. However, it is a challenging process, and the risk of making a mistake that costs you thousands of dollars is high. Working with an attorney ensures that you have an advocate on your side to provide guidance and represent you throughout the process.
Most people do not know how to navigate the insurance claims process or negotiate a fair settlement based on their damages. This process is even more difficult if they have serious injuries and are still undergoing treatment and require additional care and support. Our attorneys handle pedestrian accident cases from start to finish, so our clients can focus on healing.
What if the Pedestrian Accident Victim Passed Away?
State law allows certain parties to recover compensation if an accident victim dies from their injuries. This requires filing a wrongful death action, proving negligence and liability, and documenting the recoverable damages. Our team represents spouses, parents, and children who seek justice for their loved ones after a Marietta pedestrian accident.
We know this is a difficult time, and your family is mourning the loss of your loved one. We handle all wrongful death cases with compassion and empathy while taking the necessary steps to secure the compensation your family deserves based on the facts of the case.
When Should I Call an Attorney About My Case?
We encourage all traffic accident victims to reach out to our team as soon as your injuries allow. We offer free consultations to assess the case and discuss your legal options, and we can begin gathering evidence as soon as we decide to work together.
We generally do not file a claim or sue until we understand our client’s injuries and prognosis or they reach maximum medical recovery. However, we get to work on building the case as soon as possible.
Discuss Your Options With Our Marietta Pedestrian Accident Team Today
Atlanta Personal Injury Law Group offers free case reviews for victims of careless drivers in Marietta.
If you suffered injuries when a driver hit you, our Marietta personal injury lawyers is ready to discuss your case and determine your options for seeking compensation. You deserve justice, and our personal injury attorneys can pursue it on your behalf.
Contact us today at (678) 235-3861 for your free consultation.