Motor vehicle drivers in Georgia have a responsibility to look out for other cars, trucks, bicyclists, motorcyclists, and pedestrians. Unfortunately, when a motorist fails to live up to this obligation and strikes someone walking nearby, the results are often catastrophic for the pedestrian.
Seeking help from an experienced Atlanta pedestrian accident lawyer is crucial to achieving comprehensive financial compensation following this type of incident, especially if you sustained permanent or long-term injuries. A qualified personal injury attorney can help you collect evidence of fault, challenge accusations that you are at fault, and demand fair restitution for every form of harm you suffered.
Establishing Fault for a Pedestrian Collision
Proving civil liability for a pedestrian accident works similarly to motor vehicle collision claims, but there are very specific rules of the road applicable to drivers and pedestrians alike. The pedestrian must show through a preponderance of evidence that the at-fault driver owed them a duty of care, breached that duty, and caused an accident that resulted in injuries.
Proving fault can be difficult without representation from an accident attorney. The negligent driver may argue that the injured mart was wholly or partially responsible for the accident.
Can a Pedestrian Bear Partial Liability?
A driver who hits a pedestrian who suddenly stepped out into the road without a crosswalk may not be fully liable for the accident. Under Official Code of Georgia § 51-12-33, courts have the authority to assign percentages of fault to civil plaintiffs and reduce their available compensation accordingly.
Additionally, plaintiffs found 50 percent or more to blame generally cannot recover compensation at all. An Atlanta lawyer can help challenge such allegations and maximize a plaintiff’s recovery in a pedestrian accident case.
Compensation Available to Injured Parties in Atlanta
Even when an accident occurs at low speeds, the pedestrian involved will suffer much more substantial injuries than the negligent driver who hit them. Pedestrian accidents often lead to severe bone fractures, traumatic head or neck injuries, and spinal cord damage leading to permanent paralysis.
Seasoned attorneys know all too well how much these types of injuries can impact a plaintiff’s life in both the short term and the long term. As such, it is important to pursue compensation for all forms of economic and non-economic damages, including:
- Past and future medical expenses
- Damaged or lost personal property
- Lost short-term work income
- Lost future capacity to earn income
- Physical pain and discomfort
- Emotional and psychological trauma
- Lost personal opportunities
- Permanent disability and/or disfigurement
A skilled legal professional can help injured parties value their damages accurately in a pedestrian accident claim.
Talk to an Atlanta Pedestrian Accident Attorney Today
Traffic accidents involving pedestrians often result in debilitating injuries. If you were struck by a car while walking, filing a personal injury claim be your best opportunity to obtain compensation and protect your future prospects.
A conversation with an Atlanta pedestrian accident lawyer can help you reach the positive case resolution you deserve. Schedule your initial consultation today.