Common Causes of Pedestrian Accidents
Pedestrian accidents typically occur due to careless driving. While pedestrians can be difficult to spot, all drivers must exercise caution on Georgia roadways. Watching for pedestrians is especially important in parking lots, school zones, work zones, and intersections where more people travel on foot.
The main causes of pedestrian accidents include:
- Distracted driving
- Impaired driving
- Drowsy driving
- Parking lot accidents
- Intersection accidents
- Speeding
- Failure to yield at a designated crosswalk, traffic sign, or signal
- Poor visibility
It’s important to note that drivers are not always at fault for pedestrian accidents. Georgia laws also spell out pedestrian responsibilities, such as obeying traffic signals and avoiding walking on the road while intoxicated. The driver’s insurance company will likely try to shift at least part of the blame onto you after an accident. An experienced pedestrian accident lawyer can build a strong defense to improve your chances of recovering maximum compensation.
Most Common Pedestrian Accident Injuries
Pedestrians are extremely vulnerable to traumatic injuries. They have no protection from the devastating impact of a passenger vehicle, commercial truck, or motorcycle. That’s why so many traffic accidents result in serious injuries or pedestrian fatalities.
Some of the most common pedestrian accident injuries include:
The medical expenses stemming from pedestrian accidents can cost tens of thousands of dollars and even more for catastrophic and disabling injuries. The right personal injury lawyer will account for past, current, and expected future medical bills when placing a value on your pedestrian accident case.
Statute of Limitations for Pedestrian Accident Claims in Georgia
In Georgia, pedestrian accident victims have two years from the date of the accident to file a claim against the at-fault party. If the accident is fatal, family members typically have the same two-year time limit to file a wrongful death claim.
Victims who fail to file pedestrian accident claims before the statute of limitations will likely lose their right to compensation. The at-fault party can request the case be dismissed, and Georgia courts will almost always grant the dismissal.
Compensation Available in Georgia Pedestrian Accident Claims
Personal injury attorneys hear this question all the time: “What can I receive in pedestrian-car accident compensation?” Calculating the value of a pedestrian accident claim can be complicated. While economic losses such as medical bills and property damage can be fairly straightforward to tabulate, non-economic damages like pain and suffering are not.
The value of a claim depends on the severity of a person’s injuries and the facts of the case. In most pedestrian accident cases, a victim can seek money to cover the following:
- Medical treatment
- Lost wages
- Loss of earning capacity
- Property damage
- Rehabilitation costs
- Loss of consortium
- Pain and suffering
If the accident caused the death of a loved one, family members may also be able to recover compensation for funeral and burial expenses. This compensation may be in addition to lost income and medical costs.
If a victim seeks to recover compensation through litigation, fault plays a major role in how much compensation that victim may be entitled to receive. Georgia follows a modified comparative negligence model when assigning fault to claimants.
With comparative negligence, a victim’s percentage of liability for causing the accident will reduce the total compensation they may receive. For example, a pedestrian assigned 15 percent of the fault will still receive compensation, but the ultimate award will be reduced by 15 percent to account for their share of the blame.
However, a claimant cannot receive any money if their portion of fault meets or exceeds 50 percent. Knowing that this rule binds court decisions, insurance company adjusters often consider how a court would rule before assigning a value to a claim. As a result, these laws can significantly influence how much a victim could receive in a pedestrian accident settlement. A Georgia pedestrian accident lawyer can advocate for you during settlement negotiations so that you are not under-compensated.
Determining Fault in Pedestrian Accidents
Georgia’s modified comparative negligence laws make establishing liability for an accident crucial. Proving that the driver was negligent is vital to maximizing a victim’s claim.
So how do you prove fault? With strong and convincing evidence. That’s where a pedestrian accident lawyer can be your best ally. Your attorney will conduct an extensive investigation to build a solid case for you.
Evidence that may help strengthen your claim may include:
- Police report
- Photographs of the accident scene
- Video surveillance footage
- Witness statements
- Medical records
- Cell phone records
- Expert testimony
- Vehicle maintenance records or safety inspections
Contact Our Experienced Pedestrian Accident Lawyers in Canton, GA Today
Geiger Legal Group, LLC is a family-run law firm, and it shows in the way we treat our clients. We aren’t interested in maximizing the number of cases we take. We are interested in helping accident victims recover the compensation they deserve. You are our top priority.
If you were hit by a car in a pedestrian crash, contact our office today for a free case review. For years, we’ve been making a difference in the lives of Georgia pedestrian accident victims. Let us make a difference for you. Call or contact us now.
