People who live in Atlanta may not know that Georgia law protects pedestrians from injuries suffered from being hit by motor vehicles. When pedestrians are struck by a car, they often believe that their losses will be covered by insurance automatically or that they have no case if they share some of the blame. However, pedestrian accident cases are based on specific liability classifications, filing deadlines, and procedures. Insurance companies often deny liability regarding these cases and delay paying damages to pedestrians who must take legal action to collect their full damages.
I am Franklin R. Evans, an attorney who represents individuals who have been injured as a result of being hit by a motor vehicle in Atlanta. Many of my clients are shocked to learn that pedestrian accident claims are often treated more aggressively by insurance companies than any other type of injury claim. Insurance companies and drivers often try to assign blame to the pedestrian when, in fact, the driver’s actions were negligent. If you feel confused or overwhelmed after being struck by a motor vehicle, you are not alone.
The legal staff at Evans Injury Attorneys assists victims of pedestrian accidents attorney in understanding their rights, protecting essential evidence, and holding the liable party accountable for their negligent actions. With the proper legal approach, we can expedite the resolution of pedestrian accident cases, contest liability disputes, and ensure fair compensation for medical bills, lost wages, and pain and suffering.
Evidence supporting the above includes pedestrian fatalities in Atlanta linking a number of factors including traffic design, the density of population and driving behaviour on the part of those using vehicles. Metro Atlanta is one region that is consistently ranked among the highest-risk areas for pedestrians, and according to such sources as Smart Growth America, Georgia has consistently ranked as one of the most dangerous states for walking pedestrians.
High-speed roadways typically go through residential areas, and lack of sidewalks and street lighting makes conditions unsafe for walking. The prevalence of ride sharing and delivery services operating in and around busy commercial zones creates a great deal of congestion.
Furthermore, the prevalence of distracted and aggressive driving adds additional risk for pedestrians. The fact that a pedestrian does not have any form of protection from vehicle impacts means that even a minor collision with a vehicle travelling at slow speeds may result in a catastrophic injury or fatality to the pedestrian or injury to the drivers involved.
Pedestrians represent the group of road users that have potentially the highest risk of injury, with many once exposed to a dangerous encounter having their injuries evolve into either permanent or debilitating injuries.
Common pedestrian injuries include:
In addition, injuries that may initially seem minor can develop into additional medical issues if not tracked through documentation and ongoing medical evaluations.
This action will not only protect your well being but your legal rights, as well.
Taking appropriate steps after being involved in a pedestrian accident will include
Remember that insurance companies act quickly to protect their interests, therefore, you must act quickly to protect your own.
A lot of pedestrians who get hurt think insurance companies that represent drivers who cause accidents will treat them justly after they get hurt; however, that seldom happens. Insurance companies care more about preserving their profits than they do about the health of the pedestrian who got hurt.
Insurance adjusters will usually say things like “The pedestrian was distracted” or “The pedestrian ran into traffic unexpectedly,” or they may downplay the severity of his or her injuries.
Insurance adjusters often make low settlement offers soon after a pedestrian accident occurs and before the pedestrian even knows how severe his or her injuries will be. In general, the best chance for a pedestrian who gets hurt to obtain a fair settlement from the driver’s insurance company is to consult with an experienced pedestrian accident attorney atlanta before communicating with the insurance adjuster.
In Georgia, pedestrians do not always receive the right of way. This misconception leads to many accident claims that are rejected because of it. Both pedestrians and drivers have an obligation to operate reasonably and according to traffic laws, according to Georgia law. Typically, pedestrians have the right to cross when they are in a marked crosswalk accident attorney, have followed a traffic signal, or are on a designated path where there is a sidewalk.
However, just because a pedestrian has the right to cross, they do not necessarily have the right to cross in a reasonable manner. A pedestrian can share fault if they cross outside of a crosswalk accident lawyer and do so in an unsafe manner, suddenly step into traffic without being aware of their surroundings, ignore a walk signal, or walk while intoxicated by drugs or alcohol. Under Georgia’s modified comparative system, the responsibility of a pedestrian and driver can be allocated between both parties.
Therefore, if a pedestrian is found to have been partially responsible for the accident, their compensation may be reduced accordingly, so proper legal analysis and evidence is necessary.
Georgia law allows recovery of damages for someone who is less than 50% responsible for causing their own harm.
As such, having evidence and witnesses and developing a proper legal strategy all play a key role in the outcome of pedestrian cases.
In almost all cases, pedestrian accidents can be avoided. The majority occur due to preventable actions by drivers. Examples of the common causes of pedestrian accidents are:
At Evans Injury Attorneys, we specialize in representing pedestrians who have been hurt in various situations. We represent people who have been in accidents involving
Every case has its own investigation strategy to be employed.
The liability typically extends past just the immediate driver(s) in the accident. Other potentially liable parties are as follows:
A competent pedestrian injury lawyer will determine all parties that may be liable in order to maximize the recovery for you.
Pedestrian Accident Victims can Pursue Both Economic and Non-Economic Damages.
Punitive Damages may be available when a driver has acted with gross negligence (e.g. DUI, Hit-and-Run).
Experiencing the death of a beloved one as a result of a pedestrian accident injury lawyer is an extremely painful experience and each family should not be compelled to endure the legal consequences without help. The State of Georgia’s wrongful death statute provides for certain family members, under certain circumstances, to be eligible for damages when another person’s negligent actions have resulted in a pedestrian death.
A wrongful death claim for a pedestrian can be used to recover the entire value of a person’s life, including lost earnings and benefits and funeral and burial costs. It can also be used to recover for the loss of the companionship, care and support provided by that loved one.
Although a wrongful death action cannot compensate for the enormous emotional loss suffered, it can provide financial assistance and get justice for the family members of the deceased pedestrian. Families will benefit from a compassionate and knowledgeable pedestrian accident attorney who can assist them with this difficult legal process and secure their legal rights as survivors of a deceased pedestrian accident victim.
Most cases of pedestrian accidents in Georgia are protected by Georgia Code § 9-3-33, whereby most cases need to file within 2 years after the accident occurs.
Limited exceptions may exist with appointment of the following:
An individual who misses filing his or her lawsuit will be barred from enforcing his or her right forever.
Most reputable pedestrian accident attorneys, including Evans Injury, work on a contingency fee.
That means:
We only get paid if we win for you.
Yes, this is especially true in Atlanta. Pedestrian accident claims usually have the following items in common:
Statistics show that injured persons who hire an attorney receive significantly more compensation through their injury claim than those who do not.
By Attorney Franklin R. Evans, Evans Injury
A pedestrian contacted Evans Injury after being hit by a rideshare vehicle while crossing a designated crosswalk in Midtown Atlanta. Initially, he thought the insurance company would be responsive to his claim; however, the insurance company denied any liability on the part of the driver and because he reportedly “came out of nowhere” into traffic, offered him only a very small settlement that wouldn’t cover the cost of his medical treatment or lost income during recovery.
Our team worked closely with this client to gather information on all of his injuries; to secure statements from witnesses; as well as to obtain video evidence from the traffic cams in the area where the accident occurred. Furthermore, we maintained communication with the medical providers who were treating him to ensure continuing care while also determining future needs for rehabilitation or continued medical attention. Finally, we have looked into identifying other potentially liable parties, especially the rideshare company’s practices, in addition to the actual driver of the vehicle.
The pedestrian was able to obtain complete reimbursement for their medical bills, loss of income, and other losses due to their injuries as a result of receiving proactive legal representation. In addition, the settlement included allowances for anticipated future medical expenses so that this pedestrian could concentrate on recovering without worrying about financial burdens associated with his or her injury.
Evans Injury’s focus is not on volume; we only represent select clients, as less serious claims require extensive amounts of time and attention.
By choosing Evans Injury for your injury case, you can expect:
If you have been struck by a vehicle while walking and are facing severe repercussions to your overall health, financial stability, or future quality of life, immediate action through legal channels will enable you to receive reimbursement for your medical expenses, lost wages and pain and suffering under Georgia law, when applicable.
Evans Injury’s Atlanta Pedestrian Accident Attorneys provide free consultations when you call us. You will not be charged anything unless we obtain compensation for you – providing both safety and comfort to clients.
Call (678) 792-0067 for a free consultation today to speak with an experienced attorney and get clear guidance on your legal options after a pedestrian accident.
Because most Atlanta pedestrian accident attorneys work on a contingency fee basis, they will only bill you based on a percentage of what they are able to collect on your behalf. You will not pay for any services until they collect money from the responsible party’s insurance company, or if necessary, from your own auto insurance policy.
If a pedestrian leaves the site of the accident; you are still required to notify law enforcement. Once the pedestrian has been located, the insurance company will resolve any claims for injuries resulting from the accident.
Auto Insurance from the driver usually covers the pedestrian’s injuries (medical bills and lost wages) and vehicle damage; however, there may be disputes about liability, depending on the circumstances.
Not necessarily. Liability depends on the circumstances. Georgia has comparative negligence, which means that both parties can share responsibility, causing the pedestrian’s reward to decrease if he/she is found to be partially responsible.
No. Although pedestrians typically possess the right of way at different locations such as crosswalks and sidewalks, they may be considered partially at fault if they were negligent or disregarded signs or signals while in a crosswalk or on a sidewalk.
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