Pedestrian Accidents

About Pedestrian Accidents

  • Pedestrian accidents can result in severe injuries such as broken bones, head trauma, and spinal cord damage. Even at low speeds, the lack of protection for pedestrians often leads to life-changing consequences.
  • Determining fault in pedestrian accidents can be complex, as drivers and pedestrians both have responsibilities on the road. A legal professional can help clarify liability and ensure that any claims of shared fault are addressed fairly.
  • Having a pedestrian accident attorney on your side ensures you have an advocate to gather evidence, negotiate with insurance companies, and pursue the full compensation you’re entitled to for injuries.

Why Hire CSS for a Pedestrian Accident

Pedestrian accidents can lead to significant physical injuries, emotional trauma, and financial strain. Navigating a personal injury claim while recovering from such injuries can be overwhelming, so seeking help from an experienced Atlanta pedestrian accident lawyer is crucial to achieving comprehensive financial compensation, especially if you sustained permanent or long-term injuries. Childers, Schlueter & Smith 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.

Our firm is dedicated to building strong cases and our personal injury attorneys are experienced negotiators who work to maximize settlements but are also prepared to take cases to trial if necessary to secure fair compensation. With the CSS team on your side, you can trust that your rights will be protected and that your case will receive the attention it deserves. Let us help you navigate this challenging time and secure the financial recovery you need to move forward.

a yield to pedestrians sign on an urban street

Establishing Fault for a Pedestrian Collision

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 injuries for the pedestrian. 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 a pedestrian accident attorney. The negligent driver may argue that the injured person 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 the 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 personal injury 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 brain 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 is 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.

Frequently Asked Questions

What should I do immediately after a pedestrian accident?2024-09-20T11:36:46+00:00

After a pedestrian accident, prioritize your health by seeking medical attention. If possible, gather evidence, including photos, witness contact information, and a police report. Then, contact an attorney to protect your legal rights.

Who is at fault in a pedestrian accident?2024-09-20T11:40:34+00:00

Fault typically lies with the driver, but pedestrians can share responsibility if they do not follow traffic rules, like crossing outside a crosswalk. A pedestrian accident attorney can help clarify liability and ensure fault is determined fairly.

What if I was hit by a car while jaywalking?2024-09-20T11:50:15+00:00

Jaywalking is when a pedestrian crosses or walks in the street unsafely or illegally. If you were jaywalking, you might be partially responsible, but you could still pursue compensation in a pedestrian accident. Georgia’s comparative negligence rule may reduce your recovery based on your percentage of fault, but a lawyer can help you fight for a fair settlement.

What types of injuries are common in pedestrian accidents?2024-09-20T11:52:46+00:00

Pedestrian accidents can cause serious injuries, including broken bones, traumatic brain injuries, spinal cord damage, internal injuries, and lacerations. These injuries often require extensive medical treatment and recovery time.

What damages can I seek in a pedestrian accident claim?2024-09-20T11:54:50+00:00

You may pursue compensation for medical bills, lost wages, pain and suffering, emotional distress, and long-term effects like permanent disability or disfigurement. A pedestrian accident attorney can help calculate the full extent of your damages.

How long do I have to file a pedestrian accident claim in Georgia?2024-09-20T11:56:42+00:00

In Georgia, you typically have two years from the date of the accident to file a personal injury claim. Failing to file within this period could prevent you from recovering compensation for a pedestrian accident.

Do I need an attorney for a pedestrian accident claim?2024-09-20T11:59:01+00:00

Hiring an experienced attorney can help you gather evidence, negotiate with insurance companies, and ensure that you receive the full compensation you deserve for pedestrian accident injuries. Without legal representation, you may face challenges that could affect your recovery.

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