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Pedestrian accidents happen every year in Georgia, and while they’re most common in the Atlanta Metro area, these accidents have claimed lives all across the state, including in Dalton.
In cases where victims survive, they may still face debilitating injuries, brain damage, and other significant challenges. Life will never be the same for people who have been hit by a negligent driver.
If you were hit by a car while walking, you may be entitled to compensation for medical bills, lost wages, and other expenses.
Ali Awad, of The CEO Lawyer Personal Injury Law Firm, has dedicated his career to helping people like you recover the funds they need to move forward with life. With his solid track record of success, you can feel confident that The CEO Lawyer will properly represent your interests.
Attorney Awad and his skilled team are ready to speak with you about your case and help you determine what options may exist for receiving compensation. Give him a call at (706) 890-0000 or contact us online to schedule a free consultation with our experienced attorney team.
Why You Can Benefit From Working With a Dalton Pedestrian Accident Attorney
Every licensed driver learns about safely sharing the road with pedestrians. Responsible drivers are watchful, vigilant, and aware of the fact that a person could pop up on the road at any moment and in any setting.
Unfortunately, all drivers are susceptible to distractions, and some people simply aren’t cautious enough around pedestrians.
While Georgia’s pedestrian traffic laws are generally straightforward, individual situations can be complex. So many factors, from location to visibility to weather and traffic signs, can impact an accident.
A pedestrian accident injury attorney will help you:
- Make sense of what happened during the accident and properly determine the fault
- Give you resources to understand your rights under the law
- Project future expenses associated with the accident, such as medical bills, lost wages, or counseling
- Understand all communications and offers from an insurance company
- Negotiate with insurance companies or other involved parties for a fair outcome
Sadly, injury victims often lose out if they try to navigate the system without help. Insurance companies usually offer low settlements at first, and they may not budge without substantial pressure.
Experienced attorneys know the tactics these companies use to stump consumers. Instead of wasting time or getting pushed around by corporate bullies, turn to an attorney for the best shot at success.
What Laws Affect Pedestrian Accident Cases in Georgia?
Georgia has specific laws regarding pedestrians and road sharing. In 1995, the state made a significant change to its crosswalk regulations.
Instead of instructing drivers to yield to pedestrians, drivers have to stop completely and remain stopped until the pedestrian clears all lanes of traffic traveling in the same direction. Simply put, drivers are not allowed to squeeze past pedestrians or inch forward while people are crossing in front of them.
Alternatively, pedestrians have rules they must follow for safety, as well. The law states that people shouldn’t leave a curb or sidewalk if they’re in a spot where cars can’t safely yield.
This situation commonly arises in crowded, heavily trafficked areas where street crossings are chaotic.
Georgia does not have any specific laws against jaywalking or crossing the street in areas where there aren’t crosswalks. That said, people can only cross roads horizontally (not diagonally across intersections) after they’ve checked to make sure the roads are clear.
Pedestrians are also expected to follow the “walk” and “don’t walk” signals that are present in most intersections.
What Causes Pedestrian Accidents?
In 2020, Georgia residents spent over $170 million on emergency room medical care due to pedestrian accidents. 279 people died after being hit by cars on the road and on crosswalks.
Pedestrian accidents can happen anywhere, but a 2020 traffic report points out some key facts:
- Most fatalities and injuries happened on roads with speed limits above 40 MPH
- More than half of all pedestrian accidents in 2020 happened in the Atlanta Metro area
- Pedestrians between the ages of 21-24 had the highest fatality rate in 2020.
Pedestrian accidents can happen for a number of reasons, but some common factors are described below.
Distracted Driving
Modern drivers frequently have to fight off distractions. Sadly, even a few seconds of distraction can come at a high price.
An unfocused driver may fail to see a pedestrian, especially in crowded, dark, or foggy conditions.
Poor Driving Conditions
Even the best drivers can be caught off guard by bad weather, construction, animals, road debris, and other challenges. Poor driving conditions increase the likelihood of collisions, so drivers, as well as pedestrians, must be extra vigilant at intersections and heavily trafficked areas.
Ignoring Traffic Signals
Drivers and pedestrians can both be at fault for ignoring traffic signals. Of course, cars need to obey lights, signs, and warnings, but pedestrians also need to follow “walk” and “don’t walk” signals at intersections.
Crossing out of turn can lead to chaos and disaster. Further, in Georgia, crossing intersections diagonally is against the law – so pedestrians must be mindful each time they walk in an intersection.
Alcohol
Whether you’re behind the wheel or on foot, excessive alcohol clouds your judgment slows down your reaction times, and impairs your thinking. Drunk pedestrians might stumble onto the road or collapse in dangerous spots, while drunk drivers can be completely erratic and dangerous.
Either way, it’s best to rely on others for rides or assistance if you have had too much to drink. The potential consequences of an accident are too great, whether you’re in a car or on foot.
Unpredictable Road Crossings
People should always think carefully and follow the basic “look both ways” rule before stepping into a street. Drivers can easily get distracted, but pedestrians can be distracted, as well.
A street crossing is not the right place to catch up on texts or browse social media. Collisions may happen if pedestrians run into the road without checking for cars or if they cross in high-speed areas that aren’t designed to handle foot traffic, like highways or freeways.
In some cases, pedestrians are found liable for accidents because there is no reasonable way for a driver to avoid them.
Determining Liability in Pedestrian Accidents
A driver or a pedestrian may be at fault in one of these collisions, or both could share fault for what happened. For instance, a driver might be at fault if they failed to yield to a pedestrian at a crosswalk, disregarded a speed limit sign, got distracted behind the wheel, or drove while under the influence of alcohol.
An injured person can usually sue for negligence in a pedestrian accident. That said, to successfully get a settlement, your lawyer will need to prove several key elements:
- The driver had a duty of care toward the pedestrian;
- The driver breached that duty of care by acting negligently;
- The pedestrian was injured or killed because of the driver’s negligent actions.
If your attorney can successfully link these pieces together and provide a legal basis for your compensation claim, you’ll have a strong shot at receiving the funds you deserve.
What Damages Can Pedestrians Receive?
Personal injury damages fall into two categories: special and general damages. Special damages are “hard-and-fast” costs that are easy to quantify, such as medical bills, lost wages from missing work, or the cost of hiring a caregiver to help you during your recovery.
General damages, on the other hand, do not have concrete numerical values. Pain and suffering, or a loss of companionship, are examples of general damage categories for which victims can receive compensation.
While it’s nearly impossible to put a price tag on emotional distress or the loss of a loved one, the law does allow victims to receive compensation for general damages. The amount a victim can receive will vary depending on the severity of the accident, its impact on their life moving forward, the victim’s age, and other factors.
Your personal injury attorney will help you determine a reasonable amount to pursue for general damages.
Contact a Dalton Pedestrian Accident Law Firm Today
Being hit by a car can change your life instantly. After an accident, you may have mobility struggles, chronic pain, brain damage, anxiety, or a myriad of other struggles that didn’t exist before you were hit.
Compensation won’t solve all of your concerns, but it will take a load off your mind since you won’t have to stress about massive medical bills, lost wages, and other financial burdens. Instead, you can focus on the aspects of life that matter the most, like healing, improving your mental health, or spending time with family.
If you’ve been hit by a car while walking, contact the CEO Lawyer, Ali Awad, today. Followed by over a million people on social media, Awad is trusted for his straightforward legal advice and tough-but-fair approach.
He offers personalized service to all of his clients, along with confidential, no-cost consultations for first-time inquiries. Give The CEO Lawyer a call at (706) 890-0000 or contact us online to schedule a free case review and learn more about how he can help you.