When you go out for a walk, you expect to be reasonably safe on the sidewalk or crossing a street. Unfortunately, this sometimes isn’t the case. Atlanta is particularly hard hit by pedestrian accidents – 60 percent of all the state’s pedestrian crashes happen in the Atlanta region. Common injuries in pedestrian collisions include broken bones, concussions or traumatic brain injury (TBI), severe contusions or internal bleeding, and spinal cord injuries.
If you’ve been injured or lost a loved one in a pedestrian accident, you may be struggling with everything from paying medical bills to handling a loss of income. You might be in pain and unable to work. Your health insurance may only pay some of your medical bills or may not cover them at all. You might be wondering how you can pay for your recovery when you can’t even work.
You need the CEO Lawyer and his team of injury and accident attorneys at a time like this. With their knowledge and experience in pedestrian accident law, the CEO Lawyer Personal Injury Law Firm team will fight to acquire the compensation you need to recover after your serious accident. The CEO Lawyer and his team work on a contingency basis, which means they only receive a payment if you do. There is nothing to lose by calling (404) 777-8800 to talk about your case and learn your legal options for pursuing compensation.
Reasons for Pedestrian Accidents
In 2019, there were 236 pedestrians killed in collisions with motor vehicles, and even more pedestrians injured. There are many reasons why pedestrians are hit by motor vehicles, and most of them are out of the pedestrian’s control. Below are some everyday situations we see with pedestrian collisions, but this is not an exhaustive list. If your accident doesn’t fit in one of these categories, we may still be able to help you file a compensation claim. The only way to find out for sure is to call and let us review your case in a free consultation.
Distracted Driving
Distracted driving causes many different accidents, and pedestrian crashes are no exception. Most people think of texting and driving when they picture “distracted driving,” and that’s a good example and a serious safety problem on the road. But distracted driving can also include drivers who are eating, drinking, doing their hair or makeup, reading, taking their eyes off the road to fiddle with the radio or GPS, etc. If you’re driving a vehicle, it’s essential to keep your eyes on the road and pay attention to your driving. If something else requires your attention, pull over in a safe area and put the car in park before attempting to deal with it.
How do you know if the driver who hit you was distracted? Sometimes they admit it, but not always. If the driver wasn’t impaired and didn’t seem to be breaking any other traffic laws, there’s a possibility they were distracted when they hit you. Your Atlanta pedestrian accident lawyer can continue the investigation, talking to witnesses, going over phone records, studying traffic camera footage when available, and making other efforts to find evidence of distraction.
Speeding Drivers
Speeding is another frequent cause of pedestrian crashes. The faster a vehicle is going, the more likely it is to hit a pedestrian, and the more severe that person’s injuries are likely to be. Whether or not the driver was ticketed for speeding, your attorney will go over the evidence to learn just how fast they were going.
Hit and Run Accidents
Under Georgia law, drivers must stop at the scene of any accident where someone was hurt or killed. Unfortunately, this doesn’t always happen. Often when drivers flee, it’s because they knew they were speeding or breaking some other traffic law, or they were impaired. They may also have outstanding warrants or lack a valid license or insurance.
When this happens, your Atlanta attorney for pedestrian crashes will go over the evidence and continue to investigate. In some cases, they may be able to help the police locate the driver who ran so they can be prosecuted (and you can file a civil claim for your injuries).
Crosswalk Accidents
Drivers are required to yield to pedestrians in a crosswalk, but when they don’t, serious accidents may happen. Sometimes this may overlap with a driver who is intoxicated or speeding, but in other situations, they may just have failed to see you. Drivers should always look carefully before proceeding through an intersection, regardless of what the traffic light says, and keep an eye out for people who may be about to cross the road. If this didn’t happen, your lawyer might be able to file a claim against the driver or their insurance carrier.
While crosswalk accidents are common, it’s important to note that you’re much more likely to be hurt outside of a crosswalk. About 79 percent of pedestrian crashes occur outside an intersection, so the safest way to cross a street is still in a crosswalk.
Walking Alongside the Road
Sadly, some pedestrian accidents happen simply because the driver went off the road and struck someone walking on the sidewalk or near the road. These situations are almost always the result of a negligent driver, who may have been speeding, impaired, or distracted. Often it happens so fast the walker doesn’t have time to get out of the way. If this has happened to you, an attorney can explain your options for pursuing a claim.
Is There Anything Else You Can Do to Reduce the Risk of Injury as a Pedestrian?
Wearing bright or reflective clothing can help make you more visible, especially at night. Under Georgia law, you are required to follow traffic control devices, like the walk/don’t walk signs. However, most pedestrian crashes are the fault of the driver and unavoidable by the pedestrian.
Proving Your Claim After A Pedestrian Accident
Typically a claim will start with the driver’s insurance company. They may deny the claim for various reasons, or they may make you an offer. Be very careful – in many cases, the insurance carrier’s initial offer is too low to fully cover the victim’s damages. For example, they may offer you compensation that just about covers your current medical bills. But if you need continuing care, you’ll be out of luck. They also may not have considered your pain and suffering or other damages that you suffered. For this reason, we recommend you speak to an Atlanta pedestrian collision lawyer before accepting any offer from an insurance adjuster. If it turns out the offer is too low, your attorney will be knowledgeable about your case and able to negotiate with the insurance company on your behalf.
If your accident is somehow not covered by the driver’s policy, or if you’ve reached the limits of the policy and still need more compensation, your attorney may advise you to consider suing the driver directly.
Because Georgia is a “comparative fault” state, people injured in any motor vehicle accident cannot collect damages if they were more than 49 percent at fault for a crash. If they are found to be a lower percentage at fault, they may collect damages, but these will be reduced by the amount they were at fault. As a result, the insurance company or other driver’s attorney will likely claim you were somehow at fault in the accident. Below are some common arguments the other side may make against your claim:
- You were in the road, or you stepped into the path of the vehicle, and there was nothing the driver could do.
- The vehicle was somewhere other than where you recall it was.
- You were in a better position to avoid the accident.
- You didn’t make enough effort to be visible.
- You were crossing outside of a crosswalk, and even a careful driver couldn’t avoid hitting you.
In general, the bulk of the responsibility is on the motor vehicle driver. Pedestrians can legally cross outside of crosswalks, except in situations where they are in between adjacent crosswalks. In other words, if there is a close crosswalk, you should use it. However, divers are expected to be careful and make an effort to avoid collisions with pedestrians, even if they are not in a crosswalk.
If the other side says you were at fault, your attorney can make arguments and present evidence to refute these claims.
What Should You Do If You Are Hit By a Car?
First, call 911 and get medical attention for your injuries. If you’re able, try to get out of the roadway to a sidewalk or somewhere you can wait safely for an ambulance. Assuming the driver stops, try to get their name, contact info, and insurance info if you can. Additionally, it would help to make a mental note of everything that happened and attempt to remember where the car was in relation to you when the crash occurred.
After you’ve received medical treatment, try to write down everything you remembered, including a list of any witnesses you can recall. If the insurance company calls to make an offer, request that they send it to you in writing, promise to get back to them at a better time, and hang up. Don’t agree to anything until you’ve had your case reviewed by a qualified Atlanta personal injury lawyer.
Attorney Ali Awad has succeeded as one of the youngest attorneys to bring a brand new firm from nothing to 8-figures in just three short years! He and the CEO LawyerPersonal Injury Law Firm team will apply their expertise to your case, helping you focus on the factors that have the most significant impact on your settlement. Contact us online or call (404) 777-8800 to begin your case today!
