In most cases, when a car accident involves a pedestrian, the pedestrian will have major injuries, while the vehicle will sustain little to no damage, and the passengers of the vehicle will avoid injury. On the road, pedestrians are unquestionably in a dangerous situation because of their lack of protection. However, this does not necessarily mean that it is always obvious who was at fault in an accident between an automobile and a pedestrian. In spite of the common belief that pedestrians always have the right of way, a pedestrian may be partially to blame for an accident even if they were not the cause of the collision.
Have you been involved in a pedestrian-car accident? Contact Ali Awad, ‘the CEO Lawyer,’ and his team of experienced Atlanta car accident injury attorneys at the CEO Lawyer Personal Injury Law Firm by calling (833) 254-2923 or contacting us online. to receive your free and confidential case evaluation. Attorney Ali Awad, ‘the CEO Lawyer,’ established the CEO Lawyer Personal Injury Law Firm and quickly turned it into one of the fastest-growing law firms in the country. If we take your case, you won’t pay anything until we win.
How to Determine Who Is Responsible for an Accident Involving Pedestrians
There are undoubtedly some collision instances in which the driver of the vehicle is unequivocally at fault for colliding with a pedestrian. A few examples of typical violations include driving through a red light, failing to stop at a crosswalk that is clearly marked, and turning right on a red light in front of a pedestrian who is crossing the street.
However, compared to drivers of motor vehicles, pedestrians are thought to have a greater probability of avoiding being involved in an automobile collision. It is not difficult to understand why. Accidents involving pedestrians and motorists do not generally take place in areas away from roadways, and pedestrians are the ones who typically choose when and if they will cross a sidewalk or highway shoulder to enter a roadway.
From a purely legal sense, how should this situation be resolved? Accidents involving vehicles and pedestrians are adjudicated according to the principles of negligence law, just like the vast majority of other claims for bodily injuries.
The “Duty of Care” Obligations of Pedestrians and Drivers
One of the most important ideas in the field of personal injury law is the idea that every individual is obligated to act with a degree of caution that is commensurate with the specifics of their situation. When utilizing public spaces like streets, highways, and crosswalks, for instance, cars and pedestrians are expected to respect traffic regulations and “rules of the road.”
Regardless of who was driving or walking at the time of the incident, the law deems Person A to be negligent if they fail to act with the reasonable care that would be expected of them and their actions end up causing harm to Person B.
The law of comparative negligence divides fault between the parties involved. If the plaintiff was also somewhat to blame for the accident, the defendant’s liability may be lowered, but it will not necessarily be eliminated altogether.
In the Event of a Collision Between a Pedestrian and a Car, What Kinds of Damages Are Available?
“Damages” refer to the losses that an accident victim may be entitled to recover by receiving financial compensation from the at-fault party and/or their insurer. When a collision occurs involving both a pedestrian and a car, either party or both parties may be eligible to file a claim against the other, depending on who was liable and which party suffered damages. However, if a party was not injured and sustained little to no property damage, they would not be eligible to file a claim for recovery.
In states that adhere by comparative negligence rules, such as Georgia, accident injury victims may be eligible to receive compensation, even if they were partially at fault. When there has been a collision between a pedestrian and a car, depending who was found to be liable and to what degree, the accident injury victim may be able to collect financial compensation for the following types of damages:
Future projected medical expenses
Loss of earning capacity
Pain and suffering
Loss of consortium
Wrongful death (in the event of a fatality)
Claims involving pedestrians and motor vehicles are subject to a statute of limitations. A statute of limitations is a piece of legislation that, when an individual has been injured or harmed in some way, places a time limit on their ability to sue the party or parties responsible for the incident.
When a pedestrian is hurt in a car accident, any potential legal action against the driver will be based on personal injury law. However, the amount of time a person has to file a claim of this nature varies depending on the state. Find out more information on the time limit for filing a personal injury claim.
Pedestrian Car Accident Lawyer in Georgia
If you have been injured as a pedestrian in an incident involving a car and a pedestrian, call us at (833) 254-2923 or contact us online any time for a free consultation about your case and to explore your legal options. Attorney Ali Awad, ‘the CEO Lawyer,’ established the CEO Lawyer Personal Injury Law Firm and quickly turned it into one of the fastest-growing law firms in the country. If we take your case, you won’t pay anything until we win.
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Frequently Asked Questions
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.
Do You Have a Personal Injury Case?
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.
Georgia's Personal Injury & Accident Firm
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.
What to Expect From Your Initial Consultation With a Personal Injury Attorney?
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.
Speak to an Experienced Personal Injury Attorney Today
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.