Pedestrian Accident Lawyer in Lawrenceville, GA

Can I Claim Compensation for a Pedestrian Accident?

Georgia is a fault-based auto insurance state. If you are injured in a traffic-related accident caused by someone else’s negligence in Georgia, you have a legal right to bring a third-party insurance claim or personal injury lawsuit against that person.

Depending on the types of damages you suffered, you might be able to recover compensation for the following:

• Present and future medical expenses — If you were seriously injured in the accident, you likely need extensive medical care. Even minor injuries can be costly to treat. If your doctor orders surgery, physical therapy, in-home care, medical equipment, or prescription medications, your medical costs could quickly begin to add up. You could pursue compensation for any medical bills and expenses related to treating your injuries through an insurance claim.
• Lost income — If you were seriously injured, you might need to take time off work to concentrate on your recovery. On top of steep medical bills, losing your primary source of income can cause you to sink into medical debt. You could also seek compensation to replace your lost wages, which would help stabilize your financial situation.
• Reduced future earnings — Sadly, some pedestrian injuries never fully heal. If you were disabled due to the accident, either temporarily or permanently, you might not be able to perform the same job you previously worked, especially if it is physically demanding. You might be put on light-duty tasks or forced to take a lower-paying job. Compensation for reduced future earnings is designed to cover the income you would have earned in the future had you not been disabled.
• Pain and suffering — You can also obtain relief for subjective losses. If you can demonstrate that you suffered physical pain, emotional distress, mental anguish, post-traumatic stress disorder (PTSD), depression, insomnia, or other psychological consequences after the accident, you could pursue compensation for pain and suffering.
• Loss of quality of life — Many pedestrian accidents result in long-term, serious injuries that can affect your overall quality of life and prevent you from doing activities you once loved. If you were immobilized due to your injuries, experienced significant disfigurement, or suffered permanent disabilities, you could pursue compensation for loss of quality of life.
• Personal property damage — If any of your personal property was damaged in the accident, you could recover compensation for repairs or replacement.
• Punitive damages — A jury will award punitive damages in rare cases. These awards are rare because the standard of proof is much higher than for financial and non-financial losses. Punitive damages are designed to “punish” the at-fault party for extreme negligence, malice, or willful misconduct and deter the defendant from similar behavior in the future.

To successfully recover compensation, you will likely need the help of an experienced pedestrian accident lawyer to document your expenses and quantify your non-financial losses.

Common Injuries from a Pedestrian Accident

Pedestrians often suffer catastrophic injuries in traffic accidents. Unlike motorists, pedestrians have no protection from impact. When a vehicle hits a pedestrian, the person could be thrown onto the vehicle’s windshield or into the roadway.

Common injuries our Lawrenceville pedestrian accident lawyers see in personal injury claims are;

Is the Driver Always at Fault in a Pedestrian vs. Car Accident?

Motorists are often at fault for pedestrian accidents, although that isn’t always the case. If a negligent driver collides with a pedestrian, they can be held liable for the pedestrian’s losses. Some of the most common causes of pedestrian accidents caused by motorists include the following:

• Distracted driving – such as texting, adjusting the radio, or doing any activity that causes the driver to take their attention off the road
• Drunk or intoxicated driving – which can impair a driver’s ability to operate their vehicle safely or notice nearby pedestrians
• Reckless driving – such as not yielding the right-of-way to pedestrians, failing to obey traffic signage at intersections, and speeding in areas with heavy foot traffic

However, pedestrians can sometimes be liable for traffic-related accidents. Their fault is usually due to some form of negligence or not obeying traffic laws. A pedestrian might be responsible for an accident if they:

• Dart out into a road directly in front of oncoming traffic
• Cross a road illegally outside a designated crosswalk
• Cross a road while intoxicated
• Walk along a street or highway where pedestrian traffic is not permitted
• Don’t obey traffic signage, such as crosswalk signals

Determining liability for pedestrian accidents can be tricky. If a motorist hits you, they may try to shift blame to you or refuse to accept liability entirely. That’s why it is crucial to hire a highly rated pedestrian accident attorney who can investigate the accident for you and gather evidence that establishes the at-fault party’s negligence.

What Happens if a Pedestrian Causes an Accident?

If a pedestrian causes an accident, they will likely be responsible for any expenses and losses suffered by others, even if they were also injured in the collision. To bring a claim against the pedestrian, any injured motorists involved will have to prove that the pedestrian was liable.

To do this, the motorist or their attorney will use various types of evidence to demonstrate that the accident would not have occurred if the pedestrian had not been negligent, such as the following:

1. Traffic camera footage — If traffic camera video or photos show that a pedestrian crossed a road or intersection illegally, failed to follow traffic signals, or darted out in front of traffic, that evidence could be used to establish liability.
2. Witness testimony — If any bystanders happened to see the accident happen, their testimony could be used to corroborate the driver’s account of the story. Witness testimony is compelling because it is usually objective.
3. Cell phone data — The pedestrian’s cell phone data could be used to show that they were texting or talking on the phone at the time of the accident. This could provide evidence that the pedestrian was distracted.
4. Testimony from accident reconstruction experts — Because it can be challenging to prove that a pedestrian was responsible for an accident, accident reconstruction experts may be called in to reenact the accident and testify on behalf of the plaintiff.

How Much Compensation Do You Get for a Pedestrian Accident?

If you were harmed in a pedestrian accident, the amount of compensation you’re entitled to recover would depend on the severity of the losses you suffered. The more financial and non-financial losses you suffer, the more compensation you will likely be able to claim.

Most accident victims begin by filing a claim against the at-fault driver’s insurance company. Once you are near the end of your medical treatment, you or your attorney will start settlement negotiations with the insurer. Insurance companies are for-profit entities. Their focus is on saving themselves money by paying you as little as possible. By hiring a lawyer to represent you during negotiations, you can maximize your chances of receiving fair compensation.

A seasoned pedestrian accident attorney can help you determine how much you should demand as part of your claim. Your attorney can also help you draft a carefully worded demand letter, handle communications with the insurance company, negotiate a settlement on your behalf, and even argue your case in court if necessary.