Helping Clients Recover after a Lawrenceville Pedestrian Accidents
When a motor vehicle collides with a pedestrian in the middle of a roadway or at a sidewalk, severe injuries and damages can occur. In some instances, the accident may be fatal—especially if the vehicle was moving at a high rate of speed when it impacted the pedestrian. Read on to learn what your legal options are from an experienced Lawrenceville pedestrian accident lawyer.
In many pedestrian accident cases, the accident occurs because of someone else’s negligence. When that happens, the victim may file a legal claim or lawsuit against the at-fault driver who caused the accident.
If you or someone you love sustained one or more injuries in a pedestrian accident involving a motor vehicle, time is of the essence. In fact, under almost any circumstances, you only have two years from the date of your accident to file a claim or lawsuit against the at-fault party.
The experienced Lawrenceville personal injury lawyers at Brauns Law Accident Injury Firm can assist you in filing a claim for monetary compensation and, if necessary, litigating your case through the state court system. Our legal team’s primary goal is to help you pursue and recover the fair and adequate monetary compensation you need to make you whole. Please give us a call today to learn more about how we can assist you with pursuing monetary compensation from the at-fault party.
Common Causes of Pedestrian Accidents
Pedestrian accidents in and around Lawrenceville occur for a variety of reasons.
Some of the primary causes of these accidents include:
- Negligence of a motor vehicle operator – Motor vehicle operators have a duty to drive carefully in areas where pedestrians are likely to be present, such as parking lots, parking garages, and crosswalks. When a motor vehicle operator speeds, runs a red light, or disobeys the traffic regulations and state laws designed to keep safe drivers and pedestrians alike, there is a higher chance the driver will collide into a pedestrian the failed to see, resulting in serious injuries.
- Distracted motor vehicle operators – Similarly, when operators of motor vehicles are distracted and not paying attention to the road before them, such as by looking at a cell phone or another electronic device, they may not notice a pedestrian nearby and cause a fatal collision. Distractions from inside the vehicle, including loud music, can also lead to a collision with a nearby pedestrian or motor vehicle.
- Intoxicated drivers – Drivers who operate their vehicles while they are under the influence of alcohol or drugs pose a particular danger to nearby pedestrians. Alcohol and drugs can have a detrimental impact on a driver’s perception of the world around them, their ability to react to an emergency quickly, and their ability to make good judgment calls. Drivers who are under the influence may not see or take the presence of a pedestrian seriously or can’t stop the vehicle in time to avoid colliding with the pedestrian.
- Defective traffic signals – Many pedestrians try to cross the street using crosswalks at intersections. When a pedestrian sees a “walk” sign, they should feel safe to cross. If the traffic signal is defective or improperly programmed, they can get a walk signal at the wrong time, leading them directly into harm’s way and the path of oncoming traffic.
If the negligence of a motor vehicle operator caused an accident that injured you or a loved one at a time of being a pedestrian, the experienced Lawrenceville pedestrian accident attorneys at Brauns Law Accident Injury Firm can assist you with pursuing monetary compensation for the injuries that you suffered in your accident.
Common Locations for Pedestrian Accidents
Pedestrian accidents can occur anywhere that pedestrians are regularly present, which are many. Motor vehicle operators have a duty to ensure that they drive their vehicles safely and reasonably at all times. Part of this duty of care includes watching out for pedestrians so as not to run into them.
Some of the most common locations where pedestrian accidents often occur include:
- Crosswalks located at traffic intersections – When motor vehicle drivers speed through traffic intersections or try to beat a red light, they might fail to see a pedestrian walking in the crosswalk at the intersection and collide with them.
- Parking garages and parking lots – Parking garages are often dark, making it difficult to see pedestrians walking in the vicinity. Nevertheless, motor vehicle operators have an affirmative duty to be aware of their surroundings at all times and to make sure that they use their rearview mirrors, side view mirrors, and back-up cameras when backing out of a parking space in a parking lot or parking garage.
- Sidewalks – When motor vehicle operators are distracted and not paying attention to the surrounding area, their negligence may cause their vehicle to go up over a sidewalk and strike a pedestrian located on it.
- Bicycle lanes – Even though bicyclists should be the only people in bicycle lanes, a driver who is not paying attention to the road could very easily veer over into a bicycle lane and strike someone.
Typical Injuries Sustained in Pedestrian Accident Cases
When pedestrians are walking in a crosswalk, on the sidewalk, or in a parking garage, they do not have the benefit of a car protective steel frame surrounding them. Consequently, they have no protection from their environment. If a motor vehicle collides with them (especially at a high rate of speed), there is a good chance that they will fall directly to the ground and severely injure themselves.
Injuries in pedestrian accidents may include soft tissue injuries (like muscular strains, sprains, and contusions), bone fractures, traumatic head and brain injuries, back and spinal cord injuries, rotator cuff tears, internal bleeding or organ damage, and even death.
If you or a member of your family has sustained one or more of these injuries as a pedestrian in an accident that was caused by a motor vehicle driver, you deserve to pursue and recover monetary compensation for the pain and suffering you went through. The Lawrenceville pedestrian accident attorneys at Brauns Law Accident Injury Firm can assist you with pursuing the monetary compensation you need to feel whole.
Filing an Insurance Claim or Lawsuit for Damages
If a driver’s negligence and lack of responsibility caused a pedestrian accident that injured you or someone you love, an experienced Lawrenceville pedestrian accident lawyer can assist you with filing a claim against the at-fault driver’s insurance company. If the driver was on the job and within the scope of their employment at the time of the pedestrian accident (such as when an at-fault driver was operating a company vehicle), the injured pedestrian may also bring a legal cause of action against the driver’s employer, under an agency of vicarious liability recovery theory.
To succeed in a pedestrian accident claim stemming from a pedestrian accident, you must, by a preponderance of the evidence, establish:
- That the at-fault driver owed you a duty of care to act as a reasonably safe and prudent driver under the circumstances.
- That the at-fault driver breached their duty of care by operating the vehicle in an unreasonable, unsafe, and careless manner (such as by violating a traffic law or driving regulation, disobeying a rule of the road, engaging in distracted driving, or driving while intoxicated, for example).
- That the driver’s violation of the prevailing standard of care resulted in the pedestrian accident and the injuries that you sustained.
- That as a direct and proximate result of the accident, you suffered one or more personal injuries.
In cases where liability is it is clear that the motor vehicle operator was the sole and proximate cause of a pedestrian accident, the at-fault driver’s insurance company should accept liability for the accident. In those instances, the most often disputed issue in the case concerns damages. Damages are the amount of money that the pedestrian accident case is worth.
When it comes to proving damages in a pedestrian accident case, expert analysis and testimony are often necessary. For example, a medical expert might help prove that a causal connection existed between a particular medical condition and the pedestrian accident.
Damages in a pedestrian accident case come in the form of monetary compensation. In most cases, the more serious the injuries that the accident victim sustained, and the more significant the resultant medical treatment, the higher the damages the accident victim may receive.
Potential types of monetary compensation in Lawrenceville pedestrian accident cases include:
- Compensation for all medical treatment, procedures, and physical therapy that a healthcare provider can causally relate to the pedestrian accident
- Compensation for all lost wages associated with the accident when the accident victim physically can’t work due to their injuries, or when the accident victim was required to take time off work to attend medical and physical therapy appointments related to the injuries sustained in the accident
- Compensation for inconvenience, pain, and suffering related to the accident
- Compensation for mental anguish and emotional distress related to the accident
- Compensation for loss of use of a body part or loss of enjoyment of life that stemmed from the injuries received in the accident
- Compensation for loss of future earning capacity or for having to work at a lighter duty job because of injuries sustained in the accident
- Compensation for loss of family or spousal companionship and support
The experienced Lawrenceville pedestrian accident lawyers at Brauns Law Accident Injury Firm can assist you with proving all of the legal elements of your claim or lawsuit, in an attempt to maximize the amount of your monetary compensation and damages.
In some cases, more than one party might be liable for a pedestrian accident. Two drivers might collide in an intersection, causing one vehicle to hit a pedestrian. If a traffic signal is improperly timed, the agency in charge of programming the signals might be liable. However, a driver might have avoided the accident if they were watching the road when the signal changed. If the driver was looking down at a phone or was otherwise distracted, which led them to hit the pedestrian, the driver might also be partially liable for the accident.
These situations require an injured pedestrian to identify all of the possible liable parties and file the necessary insurance claims against each one. Complex questions might arise regarding each party’s degree of fault and responsibility for which percentage of losses. This can be a complicated situation, and you want the right lawyer handling this type of claim from the very start and throughout every step of the insurance or lawsuit process.
Talk to an Experienced Lawrenceville Pedestrian Accident Lawyer About a Potential Claim Today
If a motor vehicle driver’s negligence or irresponsibility caused a pedestrian accident that injured you or a person you care about, time may be of the essence in your case. Generally speaking, the sooner that a lawyer gets involved in your case, the more likely it is that you will receive fair and just compensation. Dedicated law firms can help with every aspect of your situation, including advising you how to address medical bills while your case remains pending.
The skilled team of attorneys at the Brauns Law Accident Injury Firm will start to work right away on investigating the circumstances of your case, filing a claim with the at-fault driver’s insurance company on your behalf, and, if necessary, litigating your case to a successful conclusion in the state civil court system.
While money will never turn back time, it can certainly help you move forward in a better position and with a sense of justice. For a free case evaluation and legal consultation with an experienced Lawrenceville pedestrian accident attorney, please give us a call at (678)-647-1314 or contact us online for more information.
“Brauns law gave me the best legal experience I have ever had. The entire law firm was very professional and courteous. They were very thorough through out my entire experience. I felt like everyone really cared about me personally.”
Rating: 5/5 ⭐⭐⭐⭐⭐
Read more reviews on Google!
Brauns Law, P.C.
892 legacy park Dr.
Lawrenceville, GA 30043