If you are injured or lost a loved one and are seeking an experienced pedestrian accident attorney in College Park Georgia, The Millar Law Firm can help you today.

If you have been hurt or a family member has been killed in a pedestrian and vehicular accident in or near College Park, Georgia, our accident attorneys can help you today. You may be entitled to compensation for your medical expenses, lost wages, pain and suffering, mental distress, or punitive damages. Contact us now and your legal team at The Millar Law Firm can begin working on your case today.

Our experienced lawyers will investigate the accident to determine who was at fault and fight to maximize the compensation you deserve. We can be reached at 770-400-0000 or by online chat with a member of our legal team.

Vehicular/Pedestrian Accident Injury Cases The Millar Law Firm Handles

Accidents that happen between pedestrians and vehicles can result in a wide range of injuries, from minor to fatal. The Millar Law Firm handles injuries caused by cars crashing into pedestrians. Some of the most common injury cases we regularly handle include:

• Wrongful Death: Nearly every day in and around the state of Georgia a pedestrian is hit and killed in an accident with a car, truck or bus. Our College Park pedestrian accident attorneys have been able to help the families of these tragic accidents. We can help yours too.
• Head and Brain Injuries: This can include concussions, skull fractures, and traumatic brain injuries (TBIs). Symptoms might be as mild as a headache or could be severe enough to cause unconsciousness or long-term cognitive impairment. 
• Spinal Cord Injuries: Damage to any part of the spinal cord can cause temporary or permanent changes in its function, potentially resulting in paralysis.
• Bone Fractures and Breaks: A crash between a car or truck and a pedestrian often results in broken bones, especially broken legs, arms, and ribs. Our office also sees many Hip fractures in pedestrian accidents, especially among older adults. 
• Internal Injuries: Severe impacts often cause damage to internal organs, internal bleeding, and other life-threatening conditions. In some cases, internal damage or bleeding may not be immediately apparent.
• Cuts and Lacerations: In many cases we have seen pedestriansl thrown onto the vehicle or the pavement. Severe cuts and lacerations, followed by scaring are often the result. Cases that leave scars often mean larger damages or settlements, due to the permanent nature of the injury.
• Abrasions and “Road Rash”: One often thinks of road-rash as happening only in motorcycle or bicycling accidents. However, when a pedestrian is thrown to the ground, road rash or severe abrasions may cause severe skin damage.  Cases involving permanent scars may hold a higher value.
• Psychological Trauma: In the medical and psychological community being hit by a car is well known to cause PTSD known as post-traumatic stress disorder (PTSD), anxiety, and depression. Our legal team can work with you and your medical providers to prove both mental and physical harm.
• Hip and Leg (Lower Extremity) Injuries: Because people on foot are often struck in the mid or lower body first, injuries to the legs, knees, and feet are most commonly seen. Our investigative team working with medical and biomechanical experts can prove how the injury happened. 
• Face and Eye Injuries: When a pedestrian is thrown onto the hood or windshield significant face injuries or eye damage often happen. We have represented a number of persons who suffered an orbital fracture, loss of vision, or fractured jaws as a result of a pedestrian car accident.

How Georgia Laws Protect Pedestrians in College Park

In College Park, pedestrian/vehicular accidents are a serious problem. In 2022, there were over 100 pedestrian accidents in this community, resulting in 10 deaths and 50 serious injuries. When drivers fail to follow the law, life-altering injuries can be the consequence for hapless pedestrians.

The State of Georgia has a number of laws designed to regulate the behavior of pedestrians and drivers. These laws are designed to keep pedestrians safe and to prevent traffic accidents. Some of the most important pedestrian laws in Georgia include the following:

Georgia’s Pedestrian Crosswalk Law O.C.G.A § 40-6-91: When a pedestrian is in a crosswalk, drivers must stop and let them cross. This law applies to all crosswalks, whether they are marked or unmarked. Drivers must stop even when the pedestrian is just approaching the crosswalk, as long as they are approaching the half of the roadway on which the driver is traveling. If a driver fails to stop for a pedestrian in a crosswalk, they could be issued a ticket and fined.

Pedestrians under the Influence O.C.G.A § 40-6-95 and O.C.G.A § 40-6-96: These two laws apply to pedestrians who are under the influence of alcohol or drugs. They are specific as to where and how an intoxicated person may use or be upon the roadway. In summary, the statutes state that if you are under the influence, you are prohibited from walking or being upon any roadway or the shoulder of any roadway where vehicles may travel. However, pedestrians who are under the influence of alcohol or drugs may cross the roadway IF they use the crosswalk.

In other words, pedestrians who are under the influence of alcohol or drugs are only allowed to cross the street at crosswalks or intersections.

Right of Way in Georgia Crosswalks O.C.G.A § 40-6-144: Drivers must yield the right of way to pedestrians on sidewalks. This law applies to all sidewalks, whether they are marked or unmarked. Drivers must stop even if the pedestrian is not yet in the crosswalk, as long as they are approaching it and are within one lane of the half of the roadway on which the driver is traveling.

Pedestrian Use of Crosswalks O.C.G.A § 40-6-92: If you are a pedestrian, you should use crosswalks whenever possible. Pedestrians have the right of way at crosswalks, but they must yield to vehicles if they have not yet entered the crosswalk. If you are crossing the street outside of a crosswalk, you must yield to vehicles that are already on the road.

Use of Due Care to Avoid Pedestrians O.C.G.A § 40-6-93: Drivers must exercise due care to avoid colliding with pedestrians on any roadway. Drivers should also be especially careful when driving near schools, parks, and other areas where pedestrians are likely to be present.

If a driver fails to exercise due care and collides with a pedestrian, they could be held liable for the pedestrian’s injuries. In some cases, the driver could also be charged with a crime.

Traffic Control and School Bus Signals and Pedestrians O.C.G.A § 40-6-22: Pedestrians must obey traffic control devices and traffic regulations specifically applicable to pedestrians.  This includes flashing red lights on school buses. Drivers must stop for school buses that are stopped and have their red lights flashing. The flashing red lights indicate that pedestrian children might be present. This law applies to all school buses, whether they are picking up or dropping off children.

The law requires drivers to stop at least 10 feet from the bus and remain stopped until the red lights have stopped flashing or the bus resumes motion. Drivers who violate this law could be fined up to $1,000.

Pedestrian Accident Claims are Challenging – How our Lawyers Can Help You

One may make claim with the driver’s insurance company if they are found to be at fault for the accident. The driver’s insurance company will likely try to offer you a settlement amount that is lower than what you are actually owed. This is why it is important to speak with an experienced personal injury attorney who can help you negotiate a fair settlement.

If you do decide to file a claim with the driver’s insurance company, you will need to provide them with the same information you would share in the event of a vehicular accident. That information includes:

• Your name, address, and contact information
• The date, time, and location of the accident
• The names and contact information of any witnesses
• A description of your injuries
• All medical bills you have incurred
• A total of income you have lost

The driver’s insurance company will then investigate the accident and determine whether or not their driver was at fault. If they find that their driver was at fault, they may offer you a settlement amount. If you are not satisfied with the settlement amount, you might want to consult with an attorney and file a lawsuit against the driver.

How Long Do You Have to Make a Claim After a Pedestrian-hit-by-vehicle Accident?

In College Park, you have a limited amount of time to file a claim with the driver’s insurance company. The Georgia statute of limitations for personal injury claims is two years. This means that you must settle your claim or file a lawsuit within two years of the date of the accident.

In the case of a wrongful death, the statute of limitations for heirs to bring the death claim is also two years. However, the Estate of a deceased person has two years after the appointment of the Estate Administrator to file a suit for the claims belonging to the Estate. We do not recommend waiting too long, because you may waive certain claims if not brought quickly enough.

If you have questions, The Millar Law Firm can speak with you today, free of charge, to help you understand your legal rights and options and advise you on the best course of action.

How Pedestrian Accidents are Investigated and Evidence Gathered

There are a number of challenges that can make it difficult to gather evidence in a Georgia pedestrian/vehicular accident. These challenges include:

• Some drivers flee the scene of the accident, making it more difficult to find or identify them (license tags, vehicle registrations and traffic cameras may help).
• A pedestrian is often unconscious, or unable to describe what happened. Eyewitness and surveillance video may help to prove what happened
• There can sometime be very little physical evidence at an accident scene, such as skid marks or damage to vehicles.

In addition to these challenges, there are a number of factors that can make it difficult to preserve evidence in a pedestrian/vehicular accident. These factors include:

• Severe weather may damage the scene, making it harder to review physical evidence. (Fast investigation is necessary).
• First responders may clean the scene of the accident, destroying valuable evidence that was originally there.
• Witnesses may not have been identified at the accident scene or may have forgotten what they saw. It is impotant to speak with them as soon as possible.

When injured in a pedestrian accident in or near College Park, Georgia, we recommend that you or your lawyer gather evidence as soon as possible. These steps include:

• Exchange contact information with the driver. Get their name, address, insurance information, and license plate number.
• Consider getting medical attention promptly. Delays can be costly.
• Photograph the accident scene.
• Have a police report made and filed with local law enforcement.
• Contact the insurance company to put them on notice of your claim.

Even if you decide not to hire a lawyer, taking these initials steps the accident can help preserve evidence and increase the chance of a successful personal injury claim and recovery.

If you have any questions about gathering evidence in a pedestrian/vehicular accident, you may contact the legal team at The Millar Law Firm. We can quickly arrange a free consultation with one of our experienced attorneys.

Painful Injuries Can Last a Lifetime – How is Case Compensation Calculated in College Park, Georgia?

While each case or claim is different, the amount of compensation for pain and suffering is usually calculated based on whether and for how long you will suffer. An injury that could last a lifetime will have a much higher value than a smaller injury with a full recovery after a few weeks or months. Insurance companies and personal injury lawyers use databases and Jury Verdict Research to make an initial determination of the case value based on past similar injuries and cases. Of course, these are estimates and the range will vary depending on the facts of your case.

Factors that may be used to determine the value of a Georgia Personal Injury claim may include:

• How severe and permanent your injuries are shown or proven to be.
• How long one is expected to continue experiencing pain and suffering.
• Will the pain and suffering have a large effect on the victim’s life.
• Your age, occupation, and lifestyle and how the injuries will affect your enjoyment of life.
• The strength of your negligence claims (how likely are you to win the case if tried in a Georgia courtroom?).

In some cases, lawyers and insurance companies may use a multiplier method to estimate the appropriate compensation. This method involves multiplying the victim’s economic damages (such as medical expenses and lost wages) by a factor that reflects the severity of the pain and suffering. A victim who suffered severe injuries and who is expected to suffer pain and suffering for the rest of their life could be awarded a higher multiplier, for example.

In addition to the factors listed above, your lawyer and the driver’s insurance companies may also consider the following when estimating the appropriate compensation for pain and suffering:

• The victim’s medical records.
• The victim’s testimony.
• The testimony of any experts, such as doctors or psychologists.
• The amount of compensation that has been awarded in similar cases.

It is important to note that the amount of compensation awarded for pain and suffering can vary widely, even in cases with similar facts. This is because the value of pain and suffering is subjective and cannot be easily quantified. As a result, we urge  you to consult with a member of our legal team if you have been injured in an accident and are seeking compensation for pain and suffering.

An attorney can help you understand your legal rights and options as well as advise you on the best course of action. Additionally, they are experts in knowing what evidence is necessary and how to gather that evidence in order to support your claim and negotiate a fair settlement with the insurance company.

What if a Pedestrian Was Partly At Fault for a College Park Accident?

A pedestrian involved in an accident with a car in Georgia does not have to prove that the driver broke a law in order to gain compensation. Georgia is a comparative negligence state, which means that both the pedestrian and the driver can be at fault for an accident. The pedestrian’s compensation will be reduced by their percentage of fault, but they can still recover compensation even if they were partially at fault.

In one common example, a pedestrian may be crossing a street illegally (for instance, outside of a crosswalk) and is hit by a car. The pedestrian is not barred from recovery and could, for example, be found to be 20% at fault for the accident. This means that a court may reduce the award of compensation to a pedestrian by 20% and the victim may still receive 80% of a damage award.

The amount of compensation that a pedestrian can recover in a Georgia pedestrian accident depends on a number of factors, including the severity of their injuries, their lost wages, and their pain and suffering. Also of critical importance is the effectiveness of your negotiation skills. Insurance company lawyers are seasoned experts at keeping insurance pay-outs low. In order to obtain a full and fair settlement, having a lawyer who is also an expert negotiator can make a big difference in the scope of the settlement.

Experience and Focus: The Personal Injury Cases Handled by Our College Park Attorneys

Our Law Firm Helps Injured Pedestrians in College Park

The Millar Law Firm has been fighting for pedestrian accident victims for decades.

Call The Millar Law Firm to arrange a free first consultation. Allow us to help you understand your rights and help you negotiate the insurance settlement you deserve.