Helping Pedestrian Accident Victims in Gwinnett County Recover Damages in Their Personal Injury Cases
There is no question that pedestrian accidents can result in extremely serious injuries and damages. If you have suffered injuries in a pedestrian accident that was caused by a negligent motor vehicle driver or some other individual, you deserve to be compensated for your injuries, as well as for the pain, suffering, and inconvenience that you went through.
The Gwinnett County pedestrian accident lawyers Brauns Law understand the severity of pedestrian accidents and have represented many victims in settlement negotiations and trial. If you suffered an injury in a pedestrian accident, give us a call today to find out how we can assist you with your case.
Where Do Pedestrian Accidents Occur?
Pedestrian accidents can occur at a variety of locations in Gwinnett County and the surrounding area. Some common locations for pedestrian accidents include the following:
- Parking lots – When motor vehicle operators are not paying attention to their surroundings in a parking lot, the chances of a pedestrian accident are high. For example, the motor vehicle operator may not be looking into his or her rear or side view mirrors or back up camera, negligently colliding with a pedestrian that was walking behind the vehicle.
- Parking garages – Pedestrians accidents can also occur in parking garages where there are often tight corners and limited space available. If a motor vehicle operator pulls out of a parking space and collides with a pedestrian, he or she may be liable for all of the pedestrian’s injuries and damages.
- Crosswalks – In some instances, motor vehicle drivers are so anxious to get through a green light that they fail to notice a pedestrian—even a pedestrian who is present in the crosswalk in front of them. When an inattentive driver collides with a pedestrian, the pedestrian may be able to file a claim against the driver for damages.
Common Injuries Sustained in Pedestrian Accidents
Pedestrian accidents, unfortunately, can result in extremely serious and sometimes catastrophic injuries and damages. This is because pedestrians, in most cases, do not have a heavy or thick protective covering surrounding them at the time of their accident. Pedestrians’ bodies are totally exposed to the environment around them, and if a motor vehicle operator negligently causes a vehicle to collide with a pedestrian, the pedestrian can strike the ground forcefully. When this happens, severe injuries like traumatic brain injuries, spinal cord injuries, paralysis, broken bones, and severe soft tissue injuries can occur.
If you or someone that you love has suffered injuries in a pedestrian accident that was caused by a motor vehicle driver’s negligence, the experienced Gwinnett County pedestrian accident attorneys at Brauns Law may be able to file a claim for damages on your behalf. Our aggressive attorneys are not afraid to litigate your case if the insurance company refuses to offer you fair compensation.
Recovering Compensation in Pedestrian Accident Cases
In order to recover monetary compensation in a pedestrian accident case, the accident victim must be able to show that a motor vehicle driver was negligent under the circumstances. This negligence can take a variety of forms. In some instances, the motor vehicle operator may have been disregarding the rules of the road, such as by speeding or being inattentive. In any case, the motor vehicle operator must have acted unreasonably under the circumstances, and this lack of care and attention must have resulted in the pedestrian accident.
In addition to fault on the part of a motor vehicle driver, the injuries that the accident victim sustained must have causally resulted from the accident. If the accident victim is able to prove this causation, he or she may recover damages, including medical costs, lost wages, pain and suffering damages, emotional distress and mental anguish damages, loss of earning capacity, loss of use and enjoyment, and disability benefits.
If the pedestrian accident results in the accident victim’s death, then the surviving family members may be able to file a wrongful death claim against the at-fault party. The skilled Gwinnett County pedestrian accident attorneys at Brauns Law can review all of the facts and circumstances of your pedestrian accident case and help you pursue damages that will make you whole again.
Comparative Fault in Pedestrian Accidents
In some instances, the at-fault party may allege that the accident victim caused or contributed to the pedestrian accident. For example, the accident victim may have been walking slightly outside the line of the crosswalk or in an area of a parking lot or parking garage where pedestrians are prohibited.
Georgia uses a modified comparative negligence scheme. Under this rule, a pedestrian accident victim may still recover monetary compensation if he or she is less than 50 percent at fault for the accident. In that instance, the proportion of fault will reduce the accident victim’s available amount of damages. For example, if the accident victim contributes to the pedestrian accident by five percent, then he or she will only be eligible to recover 95 percent of the available damages in the case. In the event the accident victim is 50 percent or more at fault, then he or she will not be able to recover damages arising out of the pedestrian accident.
Gwinnett County Pedestrian Accident FAQ
Injuries and fatalities in Georgia pedestrian accidents are unfortunately all too common. Sadly, these accidents often occur totally out of the blue, even when pedestrians walk in designated crosswalks or other similar areas.
When motor vehicle operators fail to pay attention to the road, especially near traffic intersections and in parking lots and garages, they can collide with a pedestrian and cause a severe injury. In the worst cases, these accidents end up having fatal consequences for the pedestrian.
One of the main reasons why Gwinnett County pedestrian accidents are so serious is that pedestrians do not typically have an outer shell or cover protecting them at the point of impact. When a motor vehicle collides with a pedestrian, especially if the vehicle is moving at a high rate of speed, the pedestrian can be knocked onto the vehicle or the ground, suffering severe injuries as a result.
When a pedestrian violently hits their head on the ground, they can suffer a traumatic head injury. If the pedestrian strikes another body part on the ground, they can suffer a bone fracture or another severe injury, such as a back or spinal cord injury.
If you or someone you care about sustained injuries in a pedestrian accident that resulted from someone else’s negligence, the experienced team of Gwinnett County pedestrian accident lawyers at Brauns Law Accident Injury Firm is ready to help you with your case.
In addition to carefully investigating your pedestrian accident, we can help you bring a claim or file a lawsuit against the person or entity responsible for your accident. We can also help you make a claim for monetary recovery and assist you in pursuing the damages you deserve.
What are some common settings for pedestrian accidents that occur in and around Gwinnett County?
Pedestrian accidents tend to happen in areas where motor vehicles are present. However, the vehicle does not need to be moving at a high rate of speed for a pedestrian to suffer one or more serious injuries in the accident. Some pedestrian accidents occur at traffic intersections, even when there is a crosswalk present, and the pedestrian is lawfully present in the crosswalk. The distracted driver can fail to even notice the pedestrian’s presence in the crosswalk.
Pedestrian accidents are also common in parking lots and parking garages, especially those with low visibility. Drivers sometimes fail to use their rearview and side-view mirrors when backing out of parking spaces. When they fail to do this, they can negligently back into a pedestrian behind the vehicle.
It is also not unheard of for pedestrian accidents to occur on sidewalks where the pedestrian is walking. The distracted driver can negligently cause their vehicle to jump the curb and strike the pedestrian, leaving the victim severely injured.
If you or someone you love suffered injuries in a pedestrian accident that occurred in one of these locations, the skilled Gwinnett County pedestrian accident attorneys at Brauns Law Accident Injury Firm can assist you with your case and help you take the necessary legal action to pursue monetary compensation and damages for your injuries.
What are some common causes of pedestrian accidents that occur in and around Gwinnett County?
Driver error is one of the most common causes of pedestrian accidents that occur in and around Gwinnett County, Georgia. However, it is not the only cause of these accidents and injuries.
Drivers have a duty to operate their vehicles in a prudent, safe, and careful manner at all times and to obey all traffic rules and laws when driving their vehicles on Gwinnett County roadways, parking lots, and parking garages. Drivers also have a duty to be on the lookout for pedestrians and to yield the right of way to them, especially at crosswalks and other areas of the road specifically designated for pedestrian traffic.
When drivers disregard traffic signals at intersections, run stop signs, speed through neighborhoods (especially where children are present), and fail to use their mirrors in parking lots and parking garages, they significantly increase their chances of colliding with a pedestrian at some point. Even when a motor vehicle collides with a pedestrian at a relatively low rate of speed, the collision can still result in severe injuries for the pedestrian, especially when the collision catches the pedestrian off-guard.
Closely related to negligent motor vehicle operation is distracted driving. Today, almost everyone carries cell phones and other electronic devices with them in their vehicles.
When drivers use these devices to make phone calls, read emails, and send text messages while driving, they are not devoting all of their attention to the road (where it belongs) and are more apt to strike a pedestrian or another motor vehicle, bringing about serious and sometimes debilitating injuries. When a driver turns their head away from the road for just a few seconds, that is often sufficient time for a collision with a pedestrian to occur.
In addition to negligent and distracted driving, intoxicated or drunk driving is also a common cause of pedestrian accidents in the state of Georgia. Georgia statutes establish a 0.08 percent blood alcohol concentration (BAC) limit for most drivers who are 21 years of age or older. Much lower BAC limits apply to minors who are under 21 years old (effectively a zero-tolerance policy) and commercial drivers who hold a CDL.
Drunk and drugged driving is such severe problems because they often impair a driver’s vision, perception, reaction time, and ability to properly and safely operate a motor vehicle. When a driver is under the influence of alcohol or drugs while behind the wheel of a vehicle, they might not see a pedestrian lawfully walking across a crosswalk.
Similarly, the driver might not stop the vehicle in time to avoid colliding with the pedestrian. When an intoxicated driver strikes a pedestrian, the driver is subject to criminal charges, fines, and penalties. A civil lawsuit filed by the injured pedestrian can also name the driver as a defendant in any civil lawsuit in the state court system.
In addition to driver error and negligence, defects present on concrete sidewalks, driveways, parking garage floors, and roadways can lead to pedestrian accidents and civil liability. Serious pedestrian falls can occur, for example, where there is concrete spalling, cracks, and uneven walking surfaces in these areas.
Premises owners have a duty to ensure that these walking areas are free from defects in most cases. Moreover, if a defect does exist, the premises owner has a duty to at least warn about the defect, or better yet, to repair the defect so that it no longer presents a hazard. Depending upon the circumstances, the premises owner can also owe a duty to inspect their premises for potentially unknown defects on the property, and if any exist, to promptly take measures to warn about or correct them.
If you or a loved one sustained injuries in a pedestrian accident that you believe was caused by another person or entity’s negligence, you have legal options that are available to you. The experienced Gwinnett County pedestrian accident attorneys at Brauns Law Accident Injury Firm can help you understand all of these options and take legal action against all potentially responsible parties.
How much time do I have to file a lawsuit arising out of a Gwinnett County pedestrian accident?
If you have suffered an injury in a pedestrian accident, you have a limited time to file a claim or lawsuit arising out of your injuries. In the state of Georgia, pedestrian accident victims have two years from the date of their accident to file a lawsuit for monetary compensation and damages. If the accident victim does not file a lawsuit within that deadline, they will forever waive the right to make a damage claim.
That said, start your claim as soon as possible after an accident. If you wait, important evidence like surveillance footage or tire marks can be lost or destroyed. In addition, witness accounts of the incident will be less reliable as time passes. Starting your claim as soon as possible after an accident maximizes your chances of obtaining the full value of your claim.
If you sustained injuries in a pedestrian accident caused by a negligent driver or someone else’s negligence, the experienced Gwinnett County pedestrian accident lawyers at Brauns Law Accident Injury Firm will make it a priority to file your lawsuit on time and move your claim along in an efficient manner. We can then help you to pursue the monetary recovery that you deserve as a result of the injuries you suffered in your pedestrian accident.
Who can I name as a defendant in a lawsuit arising out of a pedestrian accident?
First and foremost, if a negligent or distracted motor vehicle operator caused your pedestrian accident because they were violating a traffic law or engaging in distracted or intoxicated driving, then you can name the motor vehicle operator as a defendant in any lawsuit that you file in the Georgia court system.
In addition, if the driver was acting within the scope of his or her employment at the time of your accident, then you can name the driver’s employer as a defendant in the lawsuit. In cases like this, the employer can be vicariously liable for the negligence of the employee driver. The employer might also be responsible for negligently retaining, supervising, or hiring a problematic driver.
In cases where pedestrian accidents happen because of poor maintenance of sidewalks and other areas on the premises, an injured pedestrian can file a claim or lawsuit against the property owner. In some cases, the defendant is a private individual or company, while at other times, the responsible property owner is a city, municipality, township, or other governmental entity. However, it is crucial to keep in mind that special notice provisions apply to these government entities and that your recovery may be limited.
The experienced Gwinnett County pedestrian accident attorneys at Brauns Law Accident Injury Firm will name all potentially responsible individuals and entities as defendants in your lawsuit, ensuring that you obtain the maximum compensation possible in your case.
What types of potential monetary recovery are available in a Gwinnett County pedestrian accident claim or lawsuit?
If you have suffered an injury as a pedestrian in Gwinnett County, you can make a claim for monetary compensation and damages by way of a settlement or a lawsuit. To be eligible to recover damages, you are responsible for proving all of the legal elements of your claim.
You must show, by a preponderance of evidence, that another person or entity acted unreasonably under the circumstances, resulting in the pedestrian accident that caused your injuries. For example, a motor vehicle driver may have been speeding or distracted, negligently striking you and causing you to suffer severe injuries as a result.
You can pursue and recover damages from the negligent person, entity, or their insurance company in those instances. Specifically, you can make a claim for all of your related medical costs, including treatment bills, surgical bills, medication bills, and physical therapy bills.
You can also file a claim for lost wages for any time that you had to miss from work as a result of the injuries you suffered in your pedestrian accident. If your injuries were so severe that you had to switch to a job with lighter duties or switch careers altogether, then you can make a loss of earning capacity claim.
In addition, you can pursue and recover monetary compensation for all of the pain, suffering, mental distress, and anguish that were associated with your injuries. If your injuries prevent you from using a particular body part or left you with a permanent disability, you can also seek monetary compensation for those damages.
The knowledgeable Gwinnett County pedestrian accident attorneys at Brauns Law Accident Injury Firm are committed to helping you pursue the monetary compensation that you deserve for your pedestrian accident injuries.
Call Us Today to Schedule a Free Consultation With a Gwinnett County Pedestrian Accident Attorney Today
If you or a loved one has suffered injuries in a pedestrian accident, you should not delay in retaining legal counsel to represent you. Time may be of the essence in your case, and if you are contemplating filing a claim or lawsuit against an at-fault party for a pedestrian accident, you should contact the skilled pedestrian accident attorneys at Brauns Law today. Our legal team can present you with all of your available legal options and help you decide on the option which is best suited for your case, based upon your unique situation and needs.
To schedule a free consultation and case evaluation with a Gwinnett County pedestrian accident attorney, please call us at (404) 418-8244, or contact us online today.