If you’ve been hit by a car or other vehicle while walking in Atlanta or the surrounding area and want to know how you can recover fair compensation for your injuries, call Brauns Law, PC for help. Drivers have a duty to drive safely near pedestrians, and if they fail to do so, an injured pedestrian could be eligible to seek fair compensation for the harm they suffered and the losses they’ve incurred.
If this has happened to you, you have the right to seek justice. No one should suffer for a driver’s negligence, and an experienced Lawrenceville pedestrian accident lawyer could help you hold the at-fault party financially accountable.
Pedestrian Rights in Georgia
Georgia law defines a pedestrian as anyone standing, walking, running, or “otherwise on foot” on the road. Motorized wheelchairs and mobility scooters are also pedestrians under the law. Skateboards, razor scooters, roller skates, and similar forms of transportation are not vehicles and are restricted in the same way as pedestrians or bicycles, depending on the municipality.
Georgia’s pedestrians are required to stay on the sidewalk or as far to the right of the shoulder or roadway as practical. Pedestrians need to cross at marked crosswalks and give vehicles the right of way if crossing in the middle of the street or at an unmarked crossing.
Drivers, in turn, must avoid hitting pedestrians. Suppose a pedestrian obeys the law, walks at the road’s edge, and waits to cross. In that case, drivers must use “due care” to avoid pedestrians and exercise caution when they see children and anyone in obvious distress. Blind and visually impaired pedestrians (with white canes or service dogs) must be given the right of way, and drivers may not enter safety zones.
Common Causes of Pedestrian Accidents in Georgia
Even if you obey the rules and stay alert, you can’t control what drivers do and how they behave. The most frequent causes of driver versus pedestrian accidents in Georgia are:
- Drunk driving – Still the top cause of accidents nationwide. Drunk drivers have difficulty staying in their lane and responding quickly in an emergency. They may not even see someone walking along the road, and if they do, they may not be able to pull their car back into their lane in time.
- Distracted driving – Texting is rapidly becoming the number one cause of vehicle accidents. Looking away from the road and trying to send a message means not seeing someone standing by the edge of the road.
- Failing to obey traffic laws – Pedestrians have the right of way in a crosswalk. Drivers who run stoplights or stop signs or who impatiently lurch forward to make a turn are liable for any injuries they cause.
If a driver could have avoided an accident and failed to do so, they could be responsible for the injuries, even if the pedestrian was also partially responsible. For instance, if you are walking in the roadway and are not as far to the side as you should, a driver is not allowed to run over you and claim you were at fault. The driver still has a duty to warn you and do everything they can to avoid a collision.
Common Injuries Pedestrians Suffer in Car Accidents
Because a pedestrian is unprotected, getting hit by a car will often result in severe or fatal harm. Even a low-speed impact could result in devastating injuries. Common injuries include:
- Head trauma, including concussion, closed-head trauma, skull fracture, and traumatic brain injury.
- Spinal cord injuries could lead to nerve damage, muscle weakness, loss of limb use, and paralysis.
- Neck and back injury. Whiplash-type injuries of the neck and back can result from low-impact accidents and being flung to the pavement.
- Broken bones. Any bone is likely to break when hit by a car, but the femur (thigh) and pelvis are the most commonly broken bones in a pedestrian accident. According to studies, children have a distressing tendency to turn to face an oncoming vehicle, resulting in leg and skull fractures and massive internal injuries.
Any of these injuries have a high risk of causing life-altering consequences. Any pedestrian struck by a car, even if they feel okay afterward, should be seen by a doctor right away. Some injuries can take time to develop, and it’s always better to be safe.
Compensation For Pedestrian Accidents
If you’ve been injured while walking in a crosswalk, on the sidewalk, or in a parking lot in Lawrenceville, you could be owed compensation for your injuries and any loss of income and other non-economic damages. Depending on the nature of your injuries, you may be able to recover:
- Medical costs, including physical therapy, surgery, rehabilitation, and medication
- Lost wages or other income due to tot the accident
- Future medical treatment (such as additional surgery, continued rehabilitation, follow-up care)
- Lost future income or opportunity if you become disabled or unable to work in your previous occupation
- Pain and suffering. Georgia uses a multiplier method for calculating pain and suffering by totaling your medical costs and then multiplying by a number
- between 1 and 5, depending on the severity of your injuries. For instance, a broken thumb might be 1, whereas a broken back might be a 5.
- Loss of consortium. Family members can sue for the loss of companionship if a family member is killed or if the family life is irreparably disrupted.
How Long Do I Have to File a Claim?
The statute of limitations to bring a personal injury claim in Georgia is two years. This time begins on the date of injury or when you first learned you had a cause of action. There are very few instances when the time can be extended, but generally, you lose your right to sue permanently if you don’t file your case within two years.
If you are not sure whether you have a claim or not, you should always consult a legal professional. Let an attorney review your case and begin the process for you. Almost all personal injury cases need to start with an insurance claim, so you should have someone look at the case right away.
How Brauns Law Accident Injury Lawyers PC Can Help
If you or a loved one have been injured in a pedestrian accident, you should have a legal professional review your case. Proving the driver was negligent can be a daunting task, and you deserve fair compensation for your injuries.
The Lawrenceville pedestrian accident lawyers at Brauns Law Accident Injury Lawyers PC, will be ready to discuss your case and help you understand your rights and legal options. We will be with you from the beginning to the settlement or trial, whatever is necessary to get you the results you need. Call us or fill out our intake form. We want to help you get the answers, justice, and fair compensation you deserve.
