duluth pedestrian accident

Have you sustained an injury in a pedestrian accident? A Duluth pedestrian accident lawyer is essential for navigating this challenging situation.

These accidents can result in severe physical, emotional, and financial impacts. At Brauns Law Accident Injury Lawyers, PC, we offer empathetic support and are committed to securing the compensation you are entitled to.

Our team is dedicated to helping you navigate the complex legal process and ensuring your rights are protected. We handle every aspect of your case, so you can focus on your recovery.

Get in touch with us today for a free consultation. Let us help you get the justice and compensation you deserve.

duluth pedestrian accident

Elements Needed For a Claim

To determine if you have a valid case for a pedestrian accident in Duluth, four key elements must be present:

  1. Duty of Care: Drivers must operate their vehicles safely and be vigilant, especially around pedestrians. This means they must follow traffic laws and avoid actions that could harm pedestrians.
  2. Breach of Duty: A breach occurs when the driver fails to meet this duty of care. For example, if a driver is speeding, running a red light, or distracted by their phone, they are not adhering to safe driving practices.
  3. Causation: This means showing that the driver’s breach of duty directly caused the pedestrian’s injuries. You must prove that the driver’s actions led to the accident and the resulting harm.
  4. Damages: Finally, you need to demonstrate the damages you’ve suffered from the accident. This can include medical expenses, lost wages, pain and suffering, and other related costs.

When a driver injures a pedestrian in a car crash, they may be held liable for the pedestrian’s injuries. Most pedestrian accident claims involve driver negligence, which means the driver failed to uphold their duty of safe driving, leading to the pedestrian’s injury.

If you believe these elements apply to your situation, you should consult with a Duluth pedestrian accident lawyer to explore your legal options and seek the compensation you deserve.

Damages You Can Recover

In personal pedestrian accident cases, the accident victim has the burden of proof. Specifically, they must show that the at-fault individual driver or other responsible person or entity acted unreasonably, such as by engaging in distracted or reckless driving.

Furthermore, the accident victim must demonstrate that this negligence resulted in the pedestrian accident, that they sustained physical injuries (including soft tissue injuriesbone fractures, or traumatic head injuries, for example), and that the injuries were inflicted by the accident.

In cases of pre-existing injuries, expert medical testimony may be necessary to demonstrate that the accident exacerbated the pedestrian’s prior injury and worsened it.

In cases where the pedestrian accident victim meets their burden, the accident victim may pursue compensation for:

  • Costs of all related medical treatment, physical therapy, and procedures
  • Lost earnings resulting from an inability to work following the accident
  • All of the pain, suffering, and inconvenience related to the pedestrian accident
  • Loss of earning capacity due to injuries sustained in the accident
  • Costs of all anticipated future medical procedures and treatment (expert testimony needed)
  • Emotional distress and mental anguish related to the accident
  • Lack of family support and spousal companionship related to injuries sustained in the accident

The experienced pedestrian accident attorneys at Brauns Law Accident Injury Lawyers, PC can assist you with pursuing and recovering the monetary compensation that you need as a result of the pedestrian accident injuries that you sustained.

Our attorneys will work to emphasize the effect the accident has had on your life, as well as the reasons you are entitled to financial compensation.

How to Get in Touch With Us

Getting in touch with our team is easy. Here are the ways you can reach us:

  • Telephone: Call us at 404.528.2866 for a direct conversation with one of our experienced attorneys.
  • Contact Form: Visit our Contact Us page.

We offer a free case evaluation to discuss your case and see how we can help. Don’t hesitate to reach out—your path to justice starts here!

Words From Our Clients

Discover why our clients trust us to handle their legal needs by reading the testimonials below:

Polite, Detailed! 

“Braun’s Law handled my car accident claim wonderfully! Once I retained them, they handled everything from the accident report and the doctor’s bills all the way through the settlement. Not once did I have to deal with the at fault’s insurance carrier or the doctor’s bills! Haley and her team were extremely polite and detailed throughout the entire process. Definitely recommend!!”

Great Experience. Exceptional!

“I had an amazing experience working with Haley at Brauns Law. Her communication skills were exceptional; she kept me informed every step of the way and always responded promptly to any questions or concerns I had. Thanks to her efficient handling of my case, everything was settled quickly and smoothly. I highly recommend Haley and Brauns Law to anyone in need of legal assistance.”

Wonderful Team! Respectful. Prompt! 

“David and his wonderful team treat and respect you like you’re their family. So compassionate; very prompt with the case and returning phone calls. This is so rare in most cases now and yet so important to the client. I would use Brauns Law forever”

Brauns Law Firm: Duluth Pedestrian Accident Lawyer

At the Brauns Law Firm, we are dedicated to representing victims of pedestrian accidents in Duluth with passion and care. Our firm is distinguished by its steadfast commitment to clients and the community. Under the leadership of David Brauns, we concentrate solely on personal injury cases, providing specialized and impactful representation.

Beyond the courtroom, we actively engage in community initiatives and support local charities. Our involvement in Duluth extends to various local organizations, reflecting our commitment to giving back and making a positive impact.

Choose Brauns Law Firm for a dedicated and compassionate approach to your pedestrian accident case. We are here to support you every step of the way and to help you achieve the best possible outcome.

Meet Your Duluth Pedestrian Accident Attorney

David Brauns is the founding partner of Brauns Law Accident Injury Lawyers, PC. His practice is dedicated solely to helping people who have been injured, focusing on personal injury claims. This specialization allows him to provide his full attention to each case and work hard to ensure clients in Duluth, Georgia, get the fair compensation they deserve.

Before founding this firm, David worked as an insurance defense attorney, where he gained a deep understanding of how insurance companies assess and handle claims. He has used this knowledge to build a strong plaintiff’s practice known for its commitment to exceptional customer service, transparency, and teamwork.

David’s team shares his dedication to these principles and works tirelessly to support clients, offering expert guidance and vigorous representation throughout their cases.

How Our Duluth Pedestrian Accident Law Firm Can Help

When you’ve been injured in a pedestrian accident, the road to recovery can be challenging. Our Duluth pedestrian accident law firm is here to help you navigate this difficult time and ensure you get the compensation you deserve. Here’s how our team can assist you:

  1. Recovering Lost Wages: If your injury prevents you from working, we will help you claim compensation for the wages you’ve lost. We’ll work to ensure you are compensated for both current and future lost income.
  2. Assisting with Medical Bills: Medical expenses can quickly add up, especially with serious injuries. We will help you obtain compensation to cover your medical bills, including hospital stays, surgeries, therapy, and ongoing care.
  3. Addressing Property Damage: If your personal property, such as clothing or electronics, was damaged during the accident, we will help you seek compensation for these losses.
  4. Emotional Recovery: Pedestrian accidents can have a significant emotional impact. We understand the psychological toll such an accident can take and will work to ensure you receive compensation for emotional distress and mental suffering.
  5. Navigating Insurance Claims: Dealing with insurance companies can be complex and frustrating. We will handle all communications with insurance providers to ensure that your claim is handled fairly and efficiently.
  6. Securing Rehabilitation and Support Services: In cases of severe injury, rehabilitation may be necessary. We will assist in securing the support and services you need for a full recovery, including physical therapy and home care.
  7. Advocating for Fair Settlement: We will review all settlement offers carefully and negotiate on your behalf to make sure you receive a fair and just settlement. If necessary, we are prepared to take your case to court to fight for your rights.
  8. Providing Guidance and Support: From start to finish, our team will guide you through every step of the legal process. We’ll keep you informed about your case’s progress and answer any questions you may have.
  9. Exploring Long-Term Needs: If your injuries result in long-term or permanent disabilities, we will help you pursue compensation for future needs, such as ongoing medical treatment, home modifications, or other long-term support.

We know that dealing with a pedestrian accident can be overwhelming. Let our experienced team take the burden off your shoulders so you can focus on your recovery.

Reach out to us today to see how a pedestrian accident lawyer in Duluth from our firm can help you

Duluth pedestrian accident lawyer

The Clock is Ticking

In Georgia, the statute of limitations for filing a personal injury claim for pedestrian accident cases is generally two years from the date of the accident. This means you have a limited time to take legal action to seek compensation for your injuries and damages.

Why Timeliness Matters:

  1. Preserve Evidence: The longer you wait, the harder it can be to gather critical evidence. Witnesses’ memories fade, and physical evidence may be lost or destroyed. Acting quickly helps ensure that you can collect and preserve important information to support your case.
  2. Protect Your Rights: Filing your claim within the statute of limitations protects your legal rights under Georgia’s personal injury law. If you miss this deadline, you may lose your chance to seek compensation entirely, regardless of the strength of your case.
  3. Avoid Additional Complications: Delays can complicate the legal process and potentially weaken your claim. Insurance companies may argue that you’re not seriously injured or that your delay undermines the validity of your case.
  4. Allow Time for Thorough Preparation: A timely start allows your attorney to thoroughly investigate your case, negotiate with insurance companies, and prepare a solid case for court if necessary.

Our experienced Duluth pedestrian accident attorneys are here to guide you through every step of the process and advocate for your rights.

Important Initial Advice!

If you’ve been injured in a pedestrian accident, taking the right steps early on is crucial for your recovery and legal claim. Here’s a detailed guide on what to do as soon as possible:

  1. Attend All Medical Appointments and Follow Expert Advice: Ensure to go to all scheduled medical appointments and follow your doctor’s instructions. This will not only help you recover faster but also create a detailed record of your injuries, which is important for your case.
  2. Document Everything: Keep detailed records of your injuries, treatments, and any medical expenses. This includes saving all bills, prescriptions, and receipts. Detailed documentation will support your claim and help demonstrate the full extent of your damages.
  3. Stay Off Social Media: Avoid posting about the accident or your injuries on social media. Insurance companies and lawyers might look at your posts to find information they could use against you. It’s best to keep details of your case private.
  4. Don’t Accept the First Offer from the Insurance Company: Insurance companies often make quick settlement offers that might seem appealing but can be much lower than what you’re actually entitled to. Consult with a lawyer before accepting any offer.
  5. Be Careful with Language Used in Communications with the Insurance Company: When talking to insurance adjusters, stick to the facts and avoid discussing opinions or speculations. The language you use can impact the outcome of your claim, so be cautious.
  6. Get in Touch with Duluth Pedestrian Accident Attorneys: Contact a lawyer who specializes in pedestrian accidents as soon as possible. An experienced attorney can guide you through the legal process, handle communications with insurance companies, and ensure that your rights are protected.
  7. Gather Evidence: Start collecting evidence related to the accident. This includes police reports, medical records, eyewitness statements, and photos or videos from the scene. Evidence is crucial in proving your case and establishing liability.
  8. Notify Your Insurance Company: Inform your own insurance company about the accident, but avoid giving a detailed statement until you’ve spoken with your attorney. They can help you handle this communication effectively.
  9. Keep a Journal of Your Recovery: Document your daily recovery process, including pain levels, physical limitations, and how the accident impacts your daily life. This journal can be useful in showing the ongoing effects of your injuries.
  10. Avoid Discussing the Accident with Others: Limit discussions about the accident to your lawyer and medical professionals. Talking about it with friends or family can sometimes lead to misunderstandings or accidental sharing of sensitive information.

By following these steps, you can better protect your health, your legal rights, and your potential compensation. Contact a Duluth personal injury lawyer today if you need help navigating this process. We’re here to support you every step of the way.

Gathering Evidence

After a pedestrian accident, collecting evidence quickly can make a significant difference in the outcome of your case. Here’s a step-by-step guide on what you should gather:

  1. Police Documentation: This document provides crucial details about the accident, including the officer’s observations, statements from involved parties, and any citations issued.
  2. Medical Records: This includes emergency room visits, hospital stays, treatments, and follow-up care. These documents help establish the extent of your injuries and the costs associated with your recovery.
  3. Eyewitness Statements: Their accounts can provide unbiased evidence supporting your version of events.
  4. Photo/Video Evidence: Take photos or videos of the accident scene, your injuries, and any property damage. Visual evidence can be powerful in illustrating the impact of the accident.
  5. DUI Driver’s Records: If the driver was under the influence, obtain their prior arrest records. This can show if they have a history of similar offenses.
  6. 911 Calls: Secure copies of any 911 calls made about the accident. These calls may include vital information about the accident and the driver’s behavior.
  7. Trial Transcripts: If the case goes to trial, obtain transcripts and files from the criminal trial of the driver. This can provide additional insights into the driver’s conduct and the case’s legal proceedings.
  8. Insurance Information: Gather all correspondence with insurance companies, including any offers or communications.

Getting all this evidence together can be difficult when you’ve been injured, which is why our law office is here to take the pressure off you.

A Note on Our Fees

We operate on a contingency fee basis. This means you don’t pay any upfront fees or out-of-pocket expenses. Instead, our payment is contingent upon winning your case. We only get paid if you receive compensation.

This arrangement ensures that our interests are aligned with yours—we are motivated to secure the best possible outcome for your case.

How it Works

  1. No Upfront Costs: You won’t need to pay anything before we begin working on your case. Our fees are contingent on the success of your claim, which means you can pursue justice without worrying about initial legal expenses.
  2. Percentage of Recovery: If we win your case, our fee will be a pre-agreed percentage of the compensation you receive. This percentage is discussed and agreed upon before you sign any contracts with us.
  3. Additional Costs: While our fees are contingent, there may be other costs associated with your case, such as court fees, expert witness fees, or costs for obtaining records. These expenses are typically deducted from the final settlement or verdict.
  4. Transparency: We are committed to transparency and will clearly explain how our fees work before you make any decisions. You’ll always know what to expect and will be informed about any costs that might arise.

The contingency fee model reduces financial risk for you, allowing you to focus on your recovery rather than worrying about legal costs. It also ensures that our team is fully invested in achieving the best possible result for your case.

Duluth pedestrian accident lawyer

Why Choose Us Over Other Duluth Pedestrian Accident Lawyers?

When choosing a law firm to handle your pedestrian accident case, it’s essential to select one that has the experience and demonstrates a genuine commitment to your well-being. Here’s why Brauns Law Accident Injury Lawyers, PC, stands out from the rest:

1. Specialized Focus

We have a particular focus on pedestrian accidents. This specialization allows us to bring deep knowledge and expertise to every case we handle. We are dedicated to understanding the nuances of pedestrian injury claims and have a proven track record of success in these types of cases.

2. Personalized Attention

We pride ourselves on providing personalized service to each of our clients. Unlike larger firms where you might be just another case number, we ensure that every client receives individual attention.

From the initial consultation to the resolution of your case, our team is committed to being accessible, responsive, and supportive.

3. Proven Success

Our firm has a strong history of achieving favorable results for our clients. We’ve secured significant settlements and verdicts in pedestrian accident cases, demonstrating our ability to fight for the compensation our clients deserve.

Our success is a testament to our dedication and skill in handling complex injury claims.

4. Comprehensive Support

We offer a full range of services to support you through the legal process. This includes handling communications with insurance companies, organizing and dealing with medical bills, and managing all necessary legal paperwork. Our goal is to alleviate your stress so you can focus on your recovery.

5. Transparent Fees

We operate on a contingency fee basis, meaning you only pay if we win your case. This model aligns our interests with yours and ensures you can pursue justice without the burden of upfront legal costs. We provide clear explanations of how our fees work and ensure there are no surprises.

6. Community Involvement

Brauns Law is deeply involved in the Duluth community. We believe in giving back and supporting local causes, which enriches our understanding of the community we serve. Our commitment to community involvement strengthens our connection with our clients and the local area.

7. Compassionate Advocacy

We approach each case with empathy and dedication. Understanding that pedestrian accidents can be life-altering, we provide compassionate representation and work tirelessly to achieve the best outcome for our clients. Our team is here to guide you through every step with care and consideration.

Choosing Brauns Law Accident Injury Lawyers, PC means choosing a firm that is committed to achieving the best possible outcome for your case while providing compassionate and personalized service.

Contact us today to learn how we can help you with your pedestrian accident claim.

General Information On Pedestrian Accidents In Duluth

Pedestrian accidents are a significant concern in Duluth, impacting those on foot. This section covers common causes, consequences, and what to do if you’re involved. Whether you’re a pedestrian, driver, or concerned resident, find essential information to help keep our streets safer.

Pedestrian Laws in GA

Drivers must stop and stay stopped for pedestrians in marked crosswalks. This means that casually yielding to pedestrians in marked crosswalks isn’t good enough. Georgia law also mandates several other driver restrictions—as well as pedestrian responsibilities—related to pedestrian safety:

  • It’s illegal for drivers to squeeze by, cut off, or drive around a pedestrian in a crosswalk, even when there’s room. Remember, drivers must stop and stay stopped.
  • When a vehicle is stopped at a crosswalk to allow a pedestrian to pass, it’s illegal for any other driver approaching from behind to overtake and pass that stopped vehicle.
  • It’s unlawful for pedestrians to leave a curb or place of safety and to run or walk into a vehicle’s path when it’s impractical for the vehicle to yield.
  • When pedestrians cross a road anywhere other than at a crosswalk, they must yield the right of way to traffic on the road (unless they originally entered the road under safe conditions).
  • When a pedestrian tunnel or overhead crossing is available, pedestrians must yield the right of way to traffic if they choose not to use these pedestrian passageways.

What About Jaywalking?

Jaywalking refers to crossing the street outside of designated crosswalks or against traffic signals. It can be dangerous and is often illegal. However, even if a pedestrian is jaywalking, drivers still must be cautious and avoid collisions when possible.

If you’re injured while jaywalking, it doesn’t necessarily mean you can’t pursue a claim. The circumstances of the accident will be considered, and factors like the driver’s speed and attentiveness will play a role.

Pedestrian Responsibility

As a pedestrian, you share the responsibility of staying safe when you cross streets and roads. Take several precautions to help protect yourself from a pedestrian accident injury in Duluth:

  • Stay alert when you walk and follow all pedestrian signs and signals.
  • Don’t ever dart in front of moving vehicles or enter traffic inappropriately.
  • Use marked crosswalks (or other pedestrian-designated walkways) whenever possible.
  • Wear reflective clothing when you must walk near traffic at night.

Pedestrian accidents are dangerous accidents. Do everything within your power to stay safe out there. If you are injured in a pedestrian collision, however, do not delay in discussing your rights with a skilled personal injury attorney.

Who is Liable For a Pedestrian Accident In GA?

In Georgia, the liability for a pedestrian accident generally falls on the driver of the vehicle if they were negligent. Negligence may include actions such as speeding, distracted driving, or failing to yield to pedestrians at crosswalks.

Pedestrians also have responsibilities, such as using crosswalks and obeying traffic signals. If a pedestrian is found to be jaywalking or otherwise violating traffic laws, they may share some responsibility for the accident.

Depending on the circumstances of the accident, liability may be shared between the driver and the pedestrian in some cases. Evidence such as police reports, witness statements, and traffic laws will be reviewed to determine fault and liability.

For more detailed information on pedestrian rights and liabilities in Georgia, you can refer to the Georgia Department of Driver Services.

Distracted Driving and Pedestrian Accidents in Duluth, GA

Distracted drivers represent such a danger to pedestrians that it’s worth taking a closer look. In fact, the issue of distracted driving has become so prominent that the Department of Transportation has a website devoted to the issue.

As smartphones become more integrated into our lives, some drivers have begun to mistakenly believe that they can safely handle both a car and a phone at the same time.

These drivers, however, are unaware of just how dangerous distracted driving is. Safely operating a motor vehicle demands that drivers make snap decisions within incredibly short reaction times—but distracted drivers cannot safely accomplish this task, and pedestrians can pay the price.

If you believe a distracted driver was the cause of your pedestrian accident, contact an injury attorney as soon as possible.

Pedestrian Accident Statistics

The Pedestrian and Bicycle Information Center shares some significant statistics related to pedestrian accidents in the U.S.:

  • In 2019, there were 6,205 pedestrians killed in motor vehicle accidents
  • Non-motorist fatalities increased by 43.6% in the ten-year period between 2010 and 2019.
  • 75.1% of pedestrian fatalities nationwide occur in dark conditions

Locations We Serve

At Brauns Law Firm, we are proud to serve clients across a wide range of locations. Whether you’re in the heart of Atlanta or in the surrounding areas, our dedicated team is ready to assist you:

Duluth Pedestrian Accident FAQs

Pedestrian accidents in Duluth can happen almost everywhere, from the Downtown Duluth Open Container Zone to the Reveal entertainment district. For obvious reasons, these accidents tend to occur where people are often present, including in crosswalks, parking lots, and parking garages. Sometimes, pedestrian accidents even happen on an area of sidewalk near a main road. After all, a distracted motor vehicle driver may negligently cause their vehicle to jump a curb onto the sidewalk, striking a pedestrian and injuring them in the process.

If you or a person you love received injuries in a serious pedestrian accident that took place in one of these locations, the injured Duluth pedestrian accident lawyers at Brauns Law Accident Injury Lawyers, PC can determine if you have a valid legal claim. If so, our team can work on pursuing the financial compensation that you deserve for your injuries.

One of the most common reasons why pedestrian accidents occur is negligent, reckless, and careless driving. When motor vehicle drivers do not operate their vehicles safely and carefully, they may miss a pedestrian who is standing or walking nearby, striking them and causing the pedestrian to sustain a severe injury. However, driver negligence is not the only cause of pedestrian accidents that occur in and around Duluth.

Some common causes of pedestrian accidents include:

  • Failing to follow traffic rules – The primary purpose of traffic rules and laws is to prevent serious accidents—including pedestrian accidents—from occurring in the first place. When drivers follow these rules, they decrease their chances of bringing about a serious accident. However, when a driver runs a red light, fails to use their turn signal, or backs out of a parking space without using their rearview and side-view mirrors, they increase their chance of striking a pedestrian at a traffic intersection, parking lot, parking garage, or other location with pedestrians present. When drivers exceed the speed limits in these areas, and a collision with a pedestrian occurs, the pedestrian is very likely to die or receive great bodily harm.
  • Distracted motor vehicle operation – There are many types of devices (and sometimes people) that may distract individuals when they operate motor vehicles. Cell phones, tablets, and other electronic devices are sources of distraction for drivers. An individual cannot possibly safely operate their vehicle when they are sending text or email messages while behind the wheel. When a driver takes their eyes off the road for just a second or two, that can be enough time for a collision with a pedestrian to take place.
  • Intoxicated driving – Intoxicated motor vehicle operation can also lead to collisions with pedestrians. In Georgia, the legal limit for safe motor vehicle operation is a blood alcohol concentration (BAC) of 0.08 percent. This limit is lower for commercial vehicle operators, and there is a near-zero tolerance (0.02 percent BAC) for minor drivers (drivers who are under 21 years of age). Alcohol and drugs impact a driver’s depth perception and reaction time. Consequently, a driver who is under the influence may not see a pedestrian in time to avoid them, resulting in a serious impact and injuries.
  • Sidewalk and roadway defects – In some cases, pedestrian accidents are not the fault of poor drivers. Instead, these accidents occur because of defects to the roadway, sidewalk, or parking garage floor. Those defects can include concrete spalling, potholes, and other serious flaws to the surface where the pedestrian is walking. Property owners are responsible for taking ordinary and reasonable measures to maintain their property. If there are known hazards, the owners must either correct the dangers or provide sufficient warnings. When property owners and maintainers fail to do so, the law holds them responsible when pedestrians injure themselves on the property.

If you or someone you love has sustained an injury in a pedestrian accident that occurred under one of these circumstances, the knowledgeable Duluth pedestrian accident attorneys at Brauns Law Accident Injury Lawyers, PC can assist you with filing a claim or lawsuit against the person (or in some cases, the legal entity) that was responsible for your accident. We can then assist you with pursuing the monetary compensation that you need from the party or parties at fault.

Depending upon the circumstances surrounding your pedestrian accident, there are one or more individuals who may be at fault. Motor vehicle drivers owe a duty to other drivers (as well as to pedestrians) to operate their vehicles reasonably—and in a safe, prudent, and careful manner at all times.

When drivers do not safely operate their vehicles and negligently cause their vehicles to collide with a pedestrian, they can be responsible for any injuries that result in the pedestrian. Therefore, in the case of negligent, distracted, or intoxicated motor vehicle driving, you have a claim against the at-fault driver.

However, negligent motor vehicle operators are not the only ones who can be held responsible for a pedestrian accident. If a driver is operating a vehicle for the benefit of their employer (such as making a delivery), and the driver’s negligence causes their vehicle to collide with a pedestrian, then the driver’s employer may also be named as a defendant in any claim or lawsuit filed for damages under an agency theory of liability.

Employers can also be sued for negligent entrustment, hiring, or supervision if they hire or retain problem drivers who have been involved in pedestrian accidents before.

In the case of pedestrian accidents that occur because of premises defects or inadequate maintenance, the injured pedestrian may bring a claim or file a lawsuit against the property owner or the entity that is responsible for maintaining the property.

In the cases of defective sidewalks and other outdoor areas, the responsible party is sometimes a municipality, like a city, county, or township. However, when it comes to pursuing legal action against a local government entity, there are sometimes notice provisions that apply.

An experienced Duluth pedestrian accident attorney at Brauns Law Accident Injury Lawyers, PC can file a claim or lawsuit on your behalf against all parties who bear responsibility for your accident and injuries. We can then pursue monetary compensation from those responsible parties on your behalf.

Making a claim for monetary compensation following a Duluth pedestrian accident typically begins by submitting a demand package to the at-fault person or entity’s insurance company.

The demand package will include relevant documentation, including:

  • Photographs of the scene and of the injuries you sustained due to the accident
  • Copies of all of the injured pedestrian’s treating medical records and bills, including treatment notes, procedure notes, and physical therapy records
  • A copy of any police report or investigative report prepared after the pedestrian accident took place
  • Copies of an impact statement, prepared by the injured pedestrian, which explains the impact that the accident and subsequent injuries have had on their life
  • Lost wage documentation prepared by the accident victim’s employer, which shows the amount of time that the accident victim missed from their job to recover from the injuries sustained in the pedestrian accident

Settlement demand packages also typically include a cover letter that makes a monetary demand for settlement, up to the policy limits of coverage.

Once your attorney submits the settlement demand, the insurance company will review it, along with all of the supporting documentation. If the insurance company accepts the claim, the adjuster is required to make a good faith effort to try and settle the case within the applicable policy limits.

Frequently, this will take several rounds of negotiations, since most insurance companies will do everything possible to settle claims for as little money as possible. Essentially, the less the insurance company pays out to settle a pedestrian accident case, the more money it has available to keep in house and possibly invest on behalf of its shareholders.

An experienced Duluth pedestrian accident lawyer at Brauns Law Accident Injury Lawyers, PC can negotiate with the insurance company on your behalf and work to pursue a favorable settlement for you. If the insurance company does not offer you fair compensation to settle your pedestrian accident case, your attorney can file a lawsuit on your behalf against the at-fault individual’s insurance company.

Just because your attorney files a lawsuit, however, does not mean that your case will have its day in court. In fact, many personal injury cases, including those that involve pedestrian accidents, are settled long before the date of trial. Your attorney can help you decide whether you should accept a pending settlement offer in your case or file a complaint in the court system and pursue litigation.

In personal injury cases, including pedestrian accident cases, the accident victim has the burden of proof. Specifically, they must show that the at-fault individual driver or other responsible person or entity acted unreasonably, such as by engaging in distracted or reckless driving.

Furthermore, the accident victim must demonstrate that this negligence resulted in the pedestrian accident, that they sustained physical injuries (including soft tissue injuriesbone fractures, or traumatic head injuries, for example), and that the injuries were inflicted by the accident. In cases of preexisting injuries, expert medical testimony may be necessary to demonstrate that the accident exacerbated the pedestrian’s prior injury and worsened it.

In cases where the pedestrian accident victim meets their burden, the accident victim may pursue compensation for:

  • Costs of all related medical treatment, physical therapy, and procedures
  • Compensation for all lost earnings resulting from an inability to work following the accident
  • Compensation for all of the pain, suffering, and inconvenience related to the pedestrian accident
  • Damages for loss of earning capacity due to injuries sustained in the accident
  • Costs of all anticipated future medical procedures and treatment (expert testimony needed)
  • Compensation for emotional distress and mental anguish related to the accident
  • Compensation for lack of family support and spousal companionship related to injuries sustained in the accident

The experienced pedestrian accident attorneys at Brauns Law Accident Injury Lawyers, PC can assist you with pursuing and recovering the monetary compensation that you need as a result of the pedestrian accident injuries that you sustained. Our attorneys will work to emphasize the effect the accident has had on your life, as well as the reasons you are entitled to financial compensation.