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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.
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:
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:
In any event, this holds true for all accidents, including pedestrian accidents, where fault has to be determined between the driver and the pedestrian.
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.
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.
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.
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 (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.