Pedestrian Accident Victims Can Benefit By Hiring a Lawyer
Injured pedestrians or the family of a Georgia pedestrian accident often believe that hiring a lawyer is not necessary – after all, we have all heard the old saying “the pedestrian has the right of way.” Unfortunately, as you may have already experienced, at-fault drivers and their insurance companies often try to shift the blame for the accident onto the pedestrian.
Because police are often not interested in finding out the truth and pedestrians are often seriously hurt and killed and cannot tell their side of the story, drivers often try to blame pedestrians by claiming that the pedestrian “darted-out” in front of them or was outside of a crosswalk. Therefore, it is important to thoroughly and independently investigate what happened.
Our Atlanta pedestrian accident lawyers come equipped with 30 years of personal injury experience. We have investigated dozens of pedestrian accidents and in many cases, been able to help them despite the efforts of the at-fault driver and their insurance company to shift the blame onto the victim.
Drivers and Insurers Often Attempt to Shift Blame onto Pedestrians
Not hiring a lawyer when filing a claim for a pedestrian injury with an insurance company can be risky. If seriously injured, pedestrians often cannot remember what happened, or worse, are deceased and unable to tell their side of the story. Without a lawyer to help, motorists and their insurance companies may take advantage and blame the pedestrian for the accident instead.
Our experienced pedestrian accident lawyers may be able to help protect you from being taken advantage of. We can investigate your case and no legal fees are charged unless we recover money for you.
Pedestrians Can Be Held Liable for Accidents in Certain Situations
Some people believe that pedestrians always have the right of way and cannot be at-fault for an accident that injured them, however, under Georgia law, there are circumstances where pedestrians can be responsible for accidents.
In Georgia, Pedestrians Can Be Found At Fault For Accidents
In Georgia, pedestrians have the right of way in most situations. However, there are some exceptions. For example, pedestrians can be found at fault for accidents if they:
- Jaywalk, or cross the street illegally
- Dart into traffic without giving cars enough time to react
- Walk on prohibited roadways, such as highways
- Ignore “Don’t Walk” signals
- Walk under the influence of drugs or alcohol
If a pedestrian is found to be at fault for an accident, they may not be able to recover damages from the driver who struck them. Although a bit more unlikely, it is also possible that a pedestrian could even be held liable for the damages caused to the driver and any other parties involved.
By knowing the rules of the road pedestrians can have a better understanding as to who is at fault when a collision does happen, and also what steps to take to avoid accidents. By being careful and following the rules, pedestrians can help to keep themselves and others safe.
Here are some tips for pedestrians to help them stay safe on the roads:
- Whenever possible, cross the street at crosswalks.
- Look both ways before crossing the street, even if you have the right of way – don’t assume drivers will see you and stop.
- Don’t jaywalk.
- Don’t dart into traffic.
- Obey “Don’t Walk” signals.
- Be aware of your surroundings and be on the lookout for cars.
- Don’t walk under the influence of drugs or alcohol.
By following these tips, pedestrians can help to keep themselves safe and avoid accidents.
Georgia’s 2023 Pedestrian Laws: Traffic Rules That Protect Pedestrians
Hiring a Georgia lawyer who specializes in the state’s pedestrian accident laws offers numerous benefits, as Georgia has specific laws in effect in 2023, and in past years, designed to protect the safety of pedestrians, including:
O.C.G.A. 40-6-93: Drivers of cars and trucks must exercise due care to avoid hitting pedestrians on any roadway, even if they are not in a crosswalk.
O.C.G.A. 40-6-91(a): Pedestrians have the right-of-way in crosswalks.
O.C.G.A. 40-6-91(d): Vehicles cannot pass other vehicles that are stopped for pedestrians crossing a crosswalk.
O.C.G.A. 40-6-22(1): Pedestrians should cross if the “Walk” signal is on, and all vehicles must stop and remain stopped.
O.C.G.A. 40-6-22(2): Pedestrians who have partially completed a crossing before the “Don’t Walk” signal comes on should finish their crossing in safety.
O.C.G.A. 40-6-144: Drivers emerging from any driving area that goes over a sidewalk should stop before the sidewalk and yield to pedestrians.
Our Law Firm Helps Children and Their Families Recover from Pedestrian Accidents
Drivers must take greater precautions when driving near schools, parks, and residential areas where children are more likely to be present. Drivers must take special precautions around children, as they often do not have the same awareness as adults when it comes to avoiding risk.
Expenses Our Attorneys Strive to Recover for Injured Pedestrians
Some common expenses that pedestrians may face after an accident include ambulance fees, emergency room visits, diagnostic tests, surgeries, rehabilitation, and ongoing medical care. Additionally, if an injured pedestrian requires assistive devices, such as wheelchairs or crutches, or needs long-term care, the costs can accumulate significantly.
Pedestrian accidents are quite intense, to the point where rehab costs are billed to the pedestrians. We can help get these expenses bundled into a settlement.
After an accident, injured pedestrians might need different types of rehab services, such as physical therapy and occupational therapy. Physical therapy helps people get back their strength, movement, and ability to do things by using exercises, stretches, and special equipment. Occupational therapy helps people learn to do everyday tasks again, like getting dressed, cooking, and taking care of themselves. If someone has a brain injury or damage to their face, they might need speech therapy to help with talking and cognitive therapy to help with thinking, remembering, and solving problems.
Injured pedestrians may need tools like wheelchairs, crutches, or prosthetics to help them move around and be independent. If their injuries are really bad, they might need changes to their homes, like ramps, wider doorways, or special bathroom equipment, so they can live comfortably. In the most serious cases, people might need long-term help from professionals, like caregivers at home or staff at care facilities, to take care of daily tasks and medical needs.
Depending on the severity of the injuries sustained, the victim may be temporarily or permanently unable to work. This can result in lost wages and a reduced earning capacity. In some cases, a pedestrian may also lose their job due to extended absences or the inability to perform their duties because of their injuries. Our team works to recover that lost income.
A pedestrian hit by a car might face disability or disfigurement expenses due to their injuries. These costs can come from ongoing medical care, rehabilitation, assistive devices, and changes to their living space or vehicle. For example, a pedestrian might need long-term medical care, like medications, doctor visits, and surgeries. They might also need rehabilitation services like physical, occupational, or speech therapy to help them adapt to their new situation.
Other expenses include assistive devices, such as wheelchairs, crutches, or prosthetics, which can be expensive. They might need to make changes to their home, like adding ramps or widening doorways, or modify their vehicle with special controls or lifts. A disability or disfigurement can also make it hard for them to work, leading to lost income and lower earning potential. In a personal injury claim, the pedestrian may seek compensation for non-economic damages, like pain and suffering, emotional distress, or loss of enjoyment of life, which are important but harder to measure.
Pain and suffering refers to the non-economic damages that a victim experiences due to their injuries, such as physical pain, emotional distress, anxiety, depression, or a reduced quality of life.
The amount of compensation for pain and suffering varies depending on the specifics of the case, the severity of the injuries, and the impact of the injuries on the victim’s life. Our attorneys work to have this added into pedestrian injury claims.
Our Process: Collecting the Evidence Needed to Win Your Case and Maximize Your Recovery
Pedestrian accident cases can be tough to win, even when serious injuries occur. To receive full compensation, you need solid evidence that proves the driver’s negligence. Our law firm helps collect this evidence, using 911 calls, police reports, witness statements, videos, and photos to build a strong case.
Even with proof that the driver is at fault, it’s important to show the full cost of the accident for fair compensation. Before negotiating with the insurance company, we gather all essential medical records and bills, and consult with doctors and experts to determine future treatment needs like surgery, home modifications, or therapy.
We also help calculate your lost income, both now and in the future, as well as damages for pain and suffering. This includes considering how your quality of life has been affected by amputations, paralysis, disfigurement, or emotional distress. By thoroughly presenting your case, we make sure you receive the compensation you deserve.
Hire The Millar Law Firm to Handle Your or Your Family’s Atlanta or Georgia Pedestrian-Vehicle Injury Case
Our experienced pedestrian accident lawyers have a proven track record of success. We will work tirelessly to get you the best possible outcome for your case.
We understand that you are going through a difficult time right now. We are here to help you through this process and get you the justice you deserve.
Contact The Millar Law Firm today for a free consultation at 770-400-0000. We will fight for you!
Common Questions About Atlanta Pedestrian Accidents Answered in this Article
- Can a pedestrian be at fault (negligent) for causing an accident in Atlanta?
- How long can a pedestrian accident case take to resolve?
- Do pedestrian injury accidents usually result in a settlement?
- What legal options are available to pedestrian hit-and-run victims for compensation recovery?
- If the pedestrian is a child who was hit in their neighborhood, can the driver be held liable for owing a higher duty of care?
- What are the challenges that come with pedestrian accident cases?
- In what situations would the driver be protected against a pedestrian accident legal claim?