Marietta’s charm is most appreciated through leisurely strolls, allowing one to immerse themselves fully in the city’s sights and sounds. However, pedestrians traversing its streets are vulnerable to collisions with motor vehicles, especially those traveling at high speeds.
Such encounters frequently culminate in grave injuries or even fatalities for pedestrians, contrasting starkly with the often unscathed occupants of the vehicles involved. This stark reality underscores the importance of pedestrian safety measures and heightened awareness among both drivers and pedestrians to mitigate the risks inherent in urban environments.
What Damages Will a Marietta Pedestrian Accident Attorney Get For Me?
The potential compensation one can pursue following a pedestrian accident hinges on various factors, including the circumstances of the incident, fault attribution, and the extent of injuries sustained. Damages sought typically encompass a range of losses, with medical expenses being a prominent component.
Given the severity of injuries often associated with pedestrian accidents, medical costs frequently constitute the largest portion of compensation sought. Alongside other damages, such as lost wages and pain and suffering, medical expenses reflect the tangible financial burden borne by victims and underscore the critical importance of securing comprehensive compensation to address the aftermath of such tragic events.
How much you can receive depends on the following factors:
Medical Expenses
Victims of pedestrian accidents are entitled to receive full compensation for both accrued medical bills and future medical expenses associated with injuries sustained in the accident. This reimbursement extends to cover the expenses incurred for prescribed medications required as a direct result of the accident.
Furthermore, the compensation package accounts for long-term medication costs stemming directly from the accident, ensuring that victims have the necessary financial support to address ongoing medical needs resulting from their injuries.
Lost Wages
The duration spent unable to work during your recovery from injuries represents a period of lost earnings from your regular income. While you may utilize sick time or disability benefits during this period, these forms of compensation often offer reduced rates and may not suffice for the entire duration of your recovery.
It is essential to seek compensation for these financial losses incurred as a result of being unable to work during your recovery period.
Estimated Loss of Future Earnings
In cases where injuries sustained from an accident lead to a return to work at a diminished capacity, victims retain the right to claim compensation for the loss of potential future earnings. In more severe instances, victims may face the devastating reality of job loss, rendering them unable to work altogether.
Compensation for the loss of potential future earnings is determined by assessing the amount the victim would have earned until retirement had it not been for the accident. This calculation serves to address the financial repercussions of the accident on the victim’s long-term earning capacity, ensuring they receive adequate support to offset the impact of diminished employment opportunities resulting from their injuries.
Rehabilitation Costs
Depending on the severity and type of injuries sustained in the accident, rehabilitation may be essential for victims’ recovery. Rehabilitation treatments encompass a variety of services, such as physical therapy, chiropractic care, pain management, and psychotherapy, among others.
These rehabilitative interventions are designed to assist victims in recovering from their injuries and enhancing their overall well-being. By addressing the physical, emotional, and psychological aspects of recovery, rehabilitation services play a crucial role in supporting victims as they work towards restoring functionality and improving their quality of life following the accident.
Non-economic damages
Life-altering injuries resulting from such incidents can significantly diminish the victim’s quality of life and enjoyment thereof. These damages encompass the intangible losses experienced by the victim, including but not limited to the inability to engage in previously enjoyed activities, emotional distress, and the overall impact on their well-being and satisfaction with life.
Property Damage
Personal belongings damaged during the accident, such as computers or other valuable items, should be accounted for in the compensation claim. This includes seeking reimbursement for the cost of repair, replacement, or any reduction in the value of the damaged belongings.
Victims are entitled to compensation for the loss of personal property resulting from the accident, ensuring they are adequately reimbursed for the financial impact of damaged belongings incurred as a result of the incident.
Are There Laws for Pedestrians in Cobb County?
In Georgia, pedestrians are expected to adhere to specific laws while navigating roadways. These laws mirror the general rules of the road set for vehicles, emphasizing the importance of pedestrian safety and responsible behavior.
These laws include, but are not limited to, the following:
- Respect all posted signage. For instance, “Do Not Walk” signs signify that it is unsafe to proceed and must be obeyed for safety reasons.
- At intersections, pedestrian signals indicate when it’s safe to cross. When the “Walk” signal is illuminated, pedestrians have the right of way, and vehicles must yield. Conversely, the “Don’t Walk” signal indicates that vehicles have the right of way, and pedestrians should not proceed.
- In intersections lacking pedestrian signals, pedestrians should adhere to traffic flow rules. Crossing is permissible when the green light allows, while waiting is required during yellow and red lights. Pedestrians maintain the right of way when the traffic signal is green, even if vehicles are turning.
- At intersections without signals, pedestrians should cross when traffic has halted and it’s safe to do so. They hold the right of way at marked crosswalks and when crossing straight across an intersection. Diagonal crossing is prohibited.
- When pedestrians cross the path of a vehicle with the right of way, the vehicle should first sound its horn as a warning. Pedestrians should yield to vehicles, but if they persist, vehicles must yield to avoid injury.
- Walking on roads with available sidewalks is unlawful; pedestrians must utilize provided sidewalks.
- If no sidewalk is present, pedestrians must walk against traffic flow and remain as far from traffic lanes as feasible. They must yield to oncoming traffic.
- Motorists must always yield to pedestrians to prevent accidents, especially exercising caution near children and individuals with diminished capacity.
How Often Are Pedestrians Hit by Vehicles?
Pedestrians face a substantial risk in collisions with motor vehicles, given the stark difference in size and material between the two entities. Regrettably, alcohol consumption exacerbates this risk, serving as a significant contributing factor in pedestrian accidents.
According to the Centers for Disease Control and Prevention’s Pedestrian Safety data for 2021‘s data for 2021, out of the 8,000 pedestrians killed in motor vehicle collisions, nearly half involved alcohol. Shockingly, one out of every five accidents implicated a driver legally intoxicated, while one in every three accidents involved a pedestrian surpassing the legal alcohol limit.
What Happens When the Pedestrian in a Collision Was Drunk?
Alcohol impacts individuals in varied ways, impairing both physical and cognitive functions. Consuming alcohol results in cognitive impairment, manifesting in slowed reaction times, diminished decision-making abilities, and impaired vision.
Such alterations in physical and mental functions pose significant risks for both driving and walking. Despite campaigns advocating for walking rather than driving while intoxicated, it’s crucial to recognize that drunk walking still poses substantial risks.
Intoxicated pedestrians are vulnerable to walking into traffic due to impaired decision-making abilities, highlighting the importance of exercising caution and seeking safe alternatives when under the influence.
Are the Pedestrians Ever at Fault for Causing the Collision?
Pedestrians have a responsibility to make smart decisions and to act with safety as a priority, while all vehicle operators have the responsibility to avoid colliding with pedestrians. Pedestrians have the right of way at all crosswalks and intersections, but they must yield to traffic when crossing anywhere outside a marked crosswalk.
Failure to cross at a crosswalk or intersection, also known as jaywalking, is a negligent endangerment of themselves and to drivers. Pedestrians can be found to be at fault for the accident in this case.
Crossing an intersection against the traffic light can also lead to the pedestrian being found negligent and, therefore, at fault for causing any accidents.
How Does Modified Comparative Negligence Affect My Case?
In Georgia, the individual determined to be most responsible for an accident bears liability for the damages incurred. However, even those deemed less at fault can pursue compensation from the primary at-fault party.
Yet, the awarded amount is proportionately reduced based on their assigned percentage of fault. For instance, if one party is attributed 51 percent fault, they are deemed chiefly responsible for the accident.
Consequently, any compensation granted to the party assigned 49 percent fault would be diminished by 49 percent, reflecting their degree of responsibility in the incident.
Call an Experienced Marietta Pedestrian Accident Law Firm for Help With Your Case Today
The Marietta pedestrian accident attorneys at CEO Lawyer are dedicated to helping victims obtain the compensation they deserve. You can call (404) 800-9235 for a complimentary consultation to discuss your case and receive guidance.
Our Marietta personal injury law firm is committed to promptly securing all entitled damages for their clients.
