Pedestrians share the roads with motor vehicles and are given the right-of-way under certain circumstances. Drivers are required to be aware of everyone on the road and follow traffic laws to avoid causing car accidents whenever possible. When a driver is distracted, speeding, or generally not paying attention, they can cause serious injuries to those who are walking.
While pedestrians and bicyclists also have rules and laws to follow, a higher responsibility is put on drivers because of the severity of injury they may cause in an accident. When a driver is negligent and hits a pedestrian, the driver may be liable for any injuries they cause.
The Law Office of Dwayne L. Brown fights for the rights of those injured in bicycle and pedestrian accidents in Atlanta. Connecting with a legal professional promptly is a good idea to preserve your rights. Our Atlanta personal injury lawyer has 30 years of experience in personal injury lawsuits and can guide you through the legal process. Call or fill out our online contact form to learn how we can help.
Pedestrians Are at Risk in Atlanta, Georgia
According to a traffic safety report from the Georgia Governor’s Office of Highway Safety on pedestrians and bicyclists in 2020, 44% of the state’s population lived in the Atlanta area in 2020, and yet 58% of all pedestrian-related accidents occurred in that same area at that time. For every 100,000 people, there were 28.59 pedestrians involved in a crash. Furthermore, of the 279 pedestrians killed across the state, 126 of those deaths happened in Atlanta.
Our Atlanta pedestrian accident attorney can protect your rights in Georgia if you become a victim of driver negligence while you are walking. Whether the cause of your collision was distracted driving, driving while under the influence, walking on a street that lacked critical safety features, or another form of negligence, our pedestrian accident law firm can help.
Can You File a Claim for a Pedestrian Accident in Atlanta?
Yes, you can file a claim for compensation if you are injured as a pedestrian in an accident in Atlanta. Here are the main points you should know about filing pedestrian accident claims in Atlanta:
- Georgia allows injury claims: As in other states, Georgia law allows pedestrians hurt by a driver’s negligence to recover damages by filing a personal injury lawsuit or making an insurance claim.
- Two-year deadline: O.C.G.A. § 9-3-33 states that pedestrians generally have two years from the date of their accident under Georgia’s statute of limitations to formally file a legal claim seeking financial damages for injuries, losses, and expenses.
- Multiple options to identify liable parties: Our legal team can help identify potentially liable drivers, property owners, or other parties whose negligence may have caused the crash through investigative work, even in hit-and-run scenarios.
- Damages may cover wide-ranging current and future losses: Our personal injury attorney can help calculate and demand appropriate compensation for any damages that are tied directly to any injuries you suffered.
Having our Georgia pedestrian accident lawyer represent your unique interests is key to effectively navigating the claim process and obtaining fair compensation through demand letters, settlement negotiations, and court awards.
What Happens if You Were Partly At Fault for a Pedestrian Accident in Georgia?
Georgia follows a modified comparative fault rule when it comes to fault for pedestrian accidents. This rule means that even if the injured victim was partially at fault or negligent in the accident, they would still be able to pursue a claim against other responsible parties.
Under the state’s comparative negligence law, O.C.G.A. § 51-12-33, the following would apply:
- Your negligence and fault percentage would be assessed relative to other parties involved based on the contributing factors that led to the crash.
- As long as you were 49% or less at fault for causing the accident, you can still recover damages.
- However, your compensation is reduced by your percentage of fault. So if you were deemed 30% responsible and sustained $100,000 total damages, for example, $30,000 of those damages attributed to your actions would be subtracted, and you would receive $70,000.
So, while Georgia does not allow recovery in pedestrian accidents if victims are 50-100% at fault, having some contributing responsibility does not automatically bar you from compensation eligibility. An Atlanta pedestrian accident attorney can argue your interests before any reductions are imposed.
Call the Law Office of Dwayne L. Brown or contact us online to protect your rights.
Who May Be Liable for Compensation in an Atlanta Pedestrian Accident?
There are several potentially liable parties in a pedestrian accident who may owe compensation to an injured victim, depending on the circumstances of your pedestrian accident. These parties may include:
The Negligent Driver Is Often the Liable Party
The motorist who struck the pedestrian in a car accident is most often primarily liable for causing the crash through negligent driving actions like speeding, texting while driving, failure to yield, etc. Their insurance policy would cover damages if you and your Atlanta pedestrian accident attorney can prove liability in your claim.
Government Entities Responsible for Road Design and Maintenance
If poor road design, lack of signs/signals, obstructions due to overgrown trees and brush, or other public property infrastructure issues contributed to visibility factors or hazards, the city/county/state agency responsible could share liability. Different time limits may apply in pedestrian accident claims involving government entities.
Property Owners Have Similar Responsibilities
Property owners whose land use practices spill over onto walkways/corners, block views, or create conditions that help induce the collision may also warrant shared responsibility.
In Georgia, there are also dram shop liability laws that hold the operators of bars or liquor stores responsible for accidents caused by drunk drivers they serve in certain circumstances.
Vehicle Owner and Vicarious Liability
In some cases, the actual owner of the vehicle, while not present during the crash, carries vicarious liability for allowing irresponsible or incompetent parties to use the vehicle through legal avenues. For example, the owner of a vehicle who loaned it to a friend, knowing they were intoxicated, could be held liable for your damages.
Employer and Their Crew on the Road
Employers may share liability if an on-duty worker, like a delivery or commercial truck driver, strikes a pedestrian due to improper company safety policies, lack of training oversight, unrealistic scheduling, and more. In some cases, you may be able to file a claim against the employer’s insurance carrier to recover your compensation.
The specific negligence of all parties with contributing roles will be explored as we build your case. By identifying all potentially liable parties in a pedestrian accident, we can make sure you get the compensation you deserve without leaving anything on the table.
How an Atlanta Pedestrian Accident Lawyer Can Help You Navigate Your Personal Injury Claim
Here are some of the key ways a Georgia pedestrian accident attorney can help guide injury victims through the process of securing fair compensation:
- We conduct a thorough investigation. We will collect police reports, speak to witnesses, obtain video surveillance, secure scene photos, assess vehicle damage, and more to recreate and pinpoint cause and liability.
- We deal with insurance companies. We will handle all communications, negotiations, and legal wrangling with uncooperative insurers who may deny, delay, or undervalue claims.
- We assess your damages. We will use medical records, employment reports, pay stubs, invoices, and other concrete evidence to accurately quantify both immediate and long-term financial losses tied to the injury.
- We determine your legal options. We will evaluate various options to identify all potentially responsible parties and appropriate avenues for legal action in unique cases.
- We reduce your stress. We will reduce confusion by managing logistics/paperwork, mitigating emotional anxiety so victims can stay focused on recovery, and ensuring your rights are protected.
We can represent your Atlanta pedestrian injury case, even if you can’t afford to pay a lawyer’s fees because you are out of work due to your injuries. We represent our clients on a contingency basis. That means our fees come out of your settlement or award. If we don’t get compensation for you, you don’t pay.
What to Do If You Are Hit By a Vehicle as an Atlanta Pedestrian
If you are at a crosswalk or riding your bike on a roadway and are hit by a vehicle, there is a good chance you will be seriously injured. Lack of protection can cause broken bones, head injuries, and other severe damage to your body.
Getting medical care immediately is your first concern, but if you are lucid, get as much information as you can. This includes the name and insurance information of the driver and the names and phone numbers of witnesses. You may also want to videotape eyewitness statements on your smartphone while their memories are still fresh.
Take note of the time of day, weather conditions, the street or location, and any other details. It’s important to get photographs and videos of the vehicles involved and the scene. Write all this information down as soon as possible, as it may be important to your injury claim in the future.
Talk to an Atlanta Pedestrian Accident Lawyer for Free
If you have significant injuries after being hit by a vehicle, you may be eligible to file a lawsuit to obtain compensation from the driver or responsible party.
Contact the Law Office of Dwayne L. Brown for a free consultation to discuss your case with an Atlanta pedestrian accident attorney. We fight to help our clients who are injured due to negligence get the money they need to cover medical bills, therapy, lost work, and other expenses.
If you’re ready to learn more about getting compensation to move forward from your accident, call our legal team or fill out our online contact form.
