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Pedestrians are at a disadvantage when walking on or near a road. Depending on the weather, traffic, and other circumstances, they may be hard for vehicle drivers to see.
Pedestrians don’t have any of the safety features that protect people in cars, such as seatbelts and airbags, or even the helmets that motorcyclists and bicyclists wear. A car colliding with a person on foot at relatively low speeds can devastate the pedestrian.
If the driver is speeding, the pedestrian is at even higher risk of severe injury or death.
If you or a loved one have been hit by a car, you may be struggling to recover from painful injuries while receiving multiple medical bills for everything your health insurance didn’t cover (which is often a significant sum). Meanwhile, your injuries may prevent you from working, your paid time off might be limited to a few weeks at best, and you still have all your usual bills to pay.
The last thing you want to do while recovering from your injuries is argue with an insurance company. It’s also the last thing you should do because talking to the driver’s insurance adjuster can be treacherous.
The adjuster will most likely record your conversation, review everything you said, and look for any comment they can interpret to mean you were somehow at fault. We highly recommend you don’t speak to the insurance company before you have a chance to consult with a pedestrian accident lawyer.
Our team will review your accident’s details, seek out further evidence if necessary, answer your questions, and lay out your options for pursuing compensation. We will then help with the following steps, depending on where you are in the process:
Frequently, drivers don’t want to accept responsibility for a pedestrian accident, but in many cases, they are at fault. In Georgia, it’s also possible for both parties in an accident to share a portion of the responsibility, which can complicate your case.
Modified comparative negligence is a system that allows an injured party to collect damages even if they had some percentage of fault, so long as that percentage is less than 50 percent. If you were 10 percent at fault, for example, you could recover 90 percent of your damages.
The challenge is that you, the other driver, and their insurance company may all have different ideas about those percentages. In a court case, a jury would be asked to assign a percentage of blame to each party, but as we discussed earlier, most of these claims are decided in negotiation with the insurance company rather than in a court case.
Let’s look at an example of how shared fault might be argued in a pedestrian case. We’ll say that you were crossing the street at a crosswalk (the safest option if one is available).
Pedestrians generally have the right of way in crosswalks, but you must obey the walk/don’t walk signals. However, motorists are responsible for driving carefully through intersections and being prepared to stop if someone crosses against the light or is crossing slowly when the light changes.
Maybe you remember having the green light when you started crossing, but the driver insists they had the right of way. If there are no witnesses, it could be your word against theirs.
The responding police officer will take both your statements and write a report containing the facts and their opinion of what happened. It’s possible the report will be inconclusive because the officer didn’t have enough evidence to make a determination about fault.
Alternatively, they might believe the driver’s story. As a pedestrian who was just hit by a car, you might have been in pain and had trouble giving a coherent statement to the police.
In any event, the officer’s opinion is just that—an opinion—and can be challenged in court if we find evidence that you did indeed have the light. Our investigators will search the crime scene for additional evidence, including photos or videos of the accident.
We can often recover video from nearby doorbells or security cameras. We may also find witnesses who saw what happened but weren’t interviewed, and we’ll review data from the car’s event data recorder or EDR to learn more about what they were doing when the accident occurred.
Once we have enough evidence, we will create a strategy to win your case. It’s important to understand that some types of evidence—such as doorbell videos—are quickly lost, so please contact us immediately after your accident.
It’s best not to make this determination alone or speculate about fault at the accident scene. Some people assume they were at fault incorrectly, or you may have had a small percentage of fault, which should not prevent you from recovering most of your damages.
If the insurance adjuster tries to argue that your share of fault is much higher, we will present a strong case showing that your contributions were relatively minor. If you think you were at fault, please speak with a lawyer before mentioning your theory to anyone else.
Of course, you should answer the responding officer’s questions honestly at the accident scene, but you don’t have to give an opinion about fault.
If you or a loved one have experienced a pedestrian accident, please contact the CEO Lawyer Personal Injury Law Firm for a free consultation. If we take your case, there is no fee until we win or settle it, so you never have to worry about paying upfront charges.
The CEO Lawyer Personal Injury Law Firm was established by attorney Ali Awad, who expanded it into one of the fastest-growing law firms in the country. With the help of his experienced team, he has recovered millions of dollars in compensation for injured people and their families.
When he’s not fighting for clients in the boardroom or the courtroom, you can find Mr. Awad on social media, where he posts educational yet entertaining videos about legal topics for over a million followers. Work with our personal injury attorneys today by calling 833-254-2923.
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After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!
To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.
The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.
Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.
During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process. Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today. We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.
If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.