According to the National Highway Traffic Safety Administration, approximately one pedestrian died every 71 minutes somewhere in the country in 2021. And Georgia, which experienced an uptick in pedestrian fatalities faster than the entire nation did, felt the brunt of this statistic.
In 2019, Georgia reported 239 pedestrian traffic fatalities. That increased to 281 in 2020 and again to 348 in 2021, with statistics expected to only worsen as more and more people take to the streets in a post-pandemic world.
These are just the fatalities, which means the actual number of pedestrian accident victims, including survivors, is much higher.
Everyone is a pedestrian at some recurring point. This, of course, means that as statistics continue to rise, the odds of being a number on the board go up as well.
If and when that happens to you, you’ll need a professional pedestrian accident lawyer on your side.
What Can a Fulton County Pedestrian Accident Attorney Do For You?
A pedestrian accident attorney is a legal practitioner who excels in handling cases of collisions between motor vehicles and persons on foot. They are a specialist car accident lawyer, who themselves are specialist personal injury lawyers.
While this specialization is extremely specific, that does not mean that pedestrian accident attorneys only handle pedestrian accidents. Rather, it means they handle personal injury cases in general but have proven success working with clients on pedestrian accident cases.
Here are a few ways working with a pedestrian accident lawyer can help you:
- Building your case: The primary reason why you want to hire a lawyer is because they can build a case for you that, if they are skilled and confident enough, will be difficult for an insurer or liable party to argue against. They will gather evidence and back it up with solid arguments to present at the negotiating table and, if need be, in court in order to get the amount you need to fully recover from the accident.
- Contacting the insurance company: There are times when your injuries are too severe for you to take care of insurance requirements yourself. In these instances, your lawyer can serve as your representative, going through the claims process in your stead so you can focus on recovery.
- Negotiating a settlement: Especially when facing off against an at-fault party, getting a fair settlement isn’t just about what the evidence says. Negotiation means finding a deal with everyone involved so that the outcome is fair, all things considered.
- Filing a lawsuit: In the event negotiations fall through, there is always the option of a lawsuit. While settlements are nine out of ten times a preferable option for all involved, if your case is one of the rare few that make it to court, your lawyer will represent your interests and fight for an award that both fairly compensates you and justly reprimands the liable party.
Determining Fault in Pedestrian Accidents
The discussion of fault is one of the most important aspects of any personal injury case in Georgia, especially for pedestrian accident cases. This is because Georgia is an at-fault state, which means whoever is at fault for an accident cannot make a claim.
Specifically, Georgia follows a rule called modified comparative negligence. Under this rule, it is possible for multiple parties in an accident to be held at fault to different degrees, which will then be deducted from the total value of their claim.
So, if we assume that a person suffered $100,000 worth of damages in an accident and is held 25% at fault after investigation, they will only be able to claim $75,000, and they will have to shoulder the remaining $25,000 on their own.
If, however, a person has 50% fault for the accident, they are not eligible to receive any compensation. This means that parties are not entitled to compensation if either:
- between two parties, they are primarily responsible for the accident, or,
- both parties share equal blame.
In any event, this holds true for all accidents, including pedestrian accidents, where fault has to be determined between the driver and the pedestrian.
When Is the Driver at Fault?
It’s been said that 94% of accidents are the result of driver error – though, to be accurate, the NHTSA paper used as a source for this metric specifies that human error is the final point of failure in 94% of accidents and not necessarily the cause.
Still, even if the paper itself argues that this does not necessarily assign fault to the driver, it does mean that in 94% of accidents, if the driver had done something differently, the accident would have been avoided. In essence, in 94% of cases, the driver had some control and, thus, fault.
This is why determining fault is an extremely nuanced discussion. However, there are times when the fault assigned to a driver is cut and dry. Here are some of them.
- Distracted driving: Distracted driving in Fulton County is an enormous problem, especially compared to other counties in Georgia, taking the number two spot in the state for the number of distracted driver convictions per year (3,210 in 2021 alone). For context, this is nowhere near as bad as Gwinnett County, with 6,552 convictions, but also far worse than the third runner-up, Hall County, with 1,440 convictions.
- Speeding: A universal crime and contributor to accidents across all states, speeding – especially at night – is an extremely common cause of pedestrian accidents, including hit-and-runs. Speeding also leads to other problematic driver behaviors, such as rolling stops and wide turns at corners.
- Not stopping at a crosswalk when a pedestrian is on their half of the roadway: By law, every driver is required to stop when a pedestrian is on their half of the roadway or is approaching and is within one lane of the half of the roadway where the vehicle is on. This holds even if there is sufficient room to squeeze around pedestrians; drivers have to remain stopped until pedestrians finish crossing the street.
- Drunk driving: Georgia law considers driving with a blood alcohol concentration of 0.08% or higher as driving under the influence (0.04% for commercial drivers and 0.02% for individuals below 21 years old). If a person was found in control of a vehicle while above the BAC threshold, they are almost always going to be assigned the majority of the blame, if not the sole responsibility, for an accident.
When Is the Pedestrian at Fault?
Given that vehicles are larger and less fragile than human bodies (plus the misinterpretation of the aforementioned 94% statistic), we often assume that the pedestrian is the sole victim in an accident. Reality muddies the waters a bit, however, as the injuries sustained alone don’t necessarily mean fault lies solely with the driver.
Here are some scenarios where a pedestrian could have contributed to the accident, thus sharing fault.
- Jaywalking: Georgia law states that it is perfectly legal to “jaywalk” – that is, to cross the street elsewhere than at a crosswalk, with the caveat that pedestrians must yield the right of way to traffic unless they are already in the roadway under safe conditions. A pedestrian can be held at fault for an accident if they failed to yield the right of way to vehicles under this condition or if they performed a diagonal road crossing at an intersection without being authorized to do so, both of which are actions prohibited by law.
- Ignoring pedestrian control signals: If a pedestrian chooses to ignore a steady or flashing “DON’T WALK” sign, they may be held partially at fault for an accident involving a vehicle. Vehicles are required to give right of way to pedestrians in the process of crossing even when they are following a green light, but pedestrians are prohibited from leaving the curb when a vehicle is too close to practically yield to them.
- Crossing the street while using electronic devices: While using cell phones or listening to music with headphones while walking is only frowned upon and not regulated, doing so while crossing the street is prohibited as it increases the risk of accidents. This is legally considered negligent behavior and can lead to fault being placed on the pedestrian should a collision occur.
- Public drunkenness: As with drunk driving, public drunkenness is prohibited in Georgia and is considered an act of negligence. As far as liability is concerned, it tends to also be an invitation to assign more fault to the drunk pedestrian since drunkenness is usually a precursor to more bad decisions, such as the other acts listed above.
One thing to keep in mind is that there are some cases where the majority of fault lies neither with the driver nor the pedestrian. For instance, it is possible that a faulty traffic or pedestrian signal, or perhaps known road damage, leads to a pedestrian accident.
It is possible in these instances to hold the local government responsible for the accident and file a case against them.
Get the Help of the Best-In-Class Fulton County Pedestrian Accident Law Firm
When you need legal assistance after a pedestrian accident, contact our attorneys at the CEO Lawyer Personal Injury Law Firm.
We are an Atlanta-based legal team that has recovered millions of dollars for our clientele. Under seven years of leadership by Attorney Ali Awad, we have become one of the fastest-growing law firms in the country, expanding to Tennessee and beyond.
When Attorney Awad isn’t practicing law, he is reaching out to the community of Fulton County through his social media platforms, where he offers free legal advice.
Our team at the CEO Lawyer serves accident victims in both English and Spanish. We offer free consultations and do not charge you until we get your settlement or win your case.
Contact us today at (470) 323-8779.
