Thousands of pedestrians are either injured or killed in traffic accidents across states on a yearly basis. And although some accidents have been attributed to pedestrian negligence, many other cases are caused by irresponsible drivers. Pedestrian accidents often injure the pedestrian more than the vehicle driver. In some cases, these injuries will require surgical intervention and long-term care.
If you have been hurt in a pedestrian accident in Dunwoody, GA, it is crucial that you seek prompt medical help. It is also important that you call (770) HELP-NOW to talk with a lawyer near the area to discuss your eligibility for compensation. You need a personal injury firm serving Dunwoody who will not only guide you throughout the compensation process but will also fight with you in a court trial if needed.
Pedestrian Accident Statistics and Why You Need a Pedestrian Accident Lawyer in Georgia
The Federal Highway Administration (FHA) has reported a total of 32,166 deadly vehicle collisions for 2015, which claimed the lives of 35,092 individuals all over the country.
For the same year, the National Highway Traffic Safety Administration reported a total of 5,376 pedestrian deaths caused by traffic accidents, with an additional 129,000 individuals sustaining injuries due to pedestrian traffic incidents.
Older individuals and children are especially at risk of crash-related traffic accidents. Additionally, almost 50% of fatal accidents had involved either an alcohol-impaired driver or pedestrian. Urban areas are more prone to pedestrian accidents, with a huge number of crashes occurring at night.
If you or a loved one has been hurt in a pedestrian accident, the help of a doctor and a pedestrian accident attorney is crucial. You may seek compensation either from your own insurance company or from the insurance carrier of the negligent driver.
Regardless of the nature of your injuries, you don’t need to handle all accident-related damages on your own. It is crucial for you to work with a personal injury lawyer in order to facilitate the filing of a compensation claim without delay.
From Pedestrian Accident Lawyers: Causes of Pedestrian Accidents and Liable Parties
There are varied reasons why a pedestrian accident can happen. In many accidents, either the driver or the pedestrian may be negligent. There are also cases where both the driver and the pedestrian has been negligent, showing irresponsible behavior such as texting while driving or while crossing the street.
Given the degrees of negligence by which an individual may be accountable for in a pedestrian accident in Dunwoody, GA, it is important to obtain the helpful counsel of pedestrian accident lawyers right away.
Some of the irresponsible behaviors observed in negligent drivers during a pedestrian accident are the following:
Distracted driving.
A distracted driver poses a high risk for traffic accidents, including pedestrian collisions. Distracted driving, such as texting while driving, is strictly prohibited in many states. A distracted driver could easily hurt a passenger, a driver of another vehicle, or a pedestrian out on the road. Any pedestrian who has been hurt by a distracted driver should file for compensation claims immediately, ideally through a trusted car accident lawyer.
Speeding.
Driver speeding is another cause of pedestrian accidents. Overspeeding makes it difficult for any driver to evade a pedestrian on the road. There are speeding limitations prescribed in most states, and these must be observed by responsible drivers at all times. Speeding offenses can result in significant penalties, including the payment of compensation by the liable driver to injured parties.
Failure to yield.
There are specific instances whereby a vehicle is required by law to yield to oncoming traffic, as well as to bicyclists and pedestrians. If you have been hurt as a pedestrian because of a motor vehicle’s failure to yield, you need the help of medical professionals and legal experts. A pedestrian accident lawyer can provide you with various options on how to push through with injury compensation claims.
Failure to stay in the proper lane.
Certain states mandate for motor vehicles to operate strictly within a single lane and to avoid swerving to another lane unless the action can be done with assured safety. However, some vehicles tend to change lanes suddenly, inadvertently hitting pedestrians. A driver who has been negligent in this regard may have to face charges from an injured individual and his or her pedestrian wreck lawyer.
Some causes of pedestrian accidents, however, have also been linked to the irresponsible behaviors of pedestrians themselves. Some of these negligent actions include:
Pedestrian inattention.
In the same way that a driver may be distracted while driving, a pedestrian may also be distracted when walking by the roadside or crossing a street. According to a 2013 study published in the Journal of Trauma and Acute Care Surgery, up to 8% of pedestrians are injured while engaging with an electronic gadget.
The improper crossing of roads.
Some pedestrians may dart into the street without care or cross a street without using proper lanes or crosswalks. These irresponsible actions often expose a pedestrian to the impact of an oncoming vehicle and the risks for serious injuries.
Wearing dark clothes at night.
Although the wearing of dark-colored clothing may not necessarily be an irresponsible action, it can make any pedestrian susceptible to traffic accidents, especially at night. The Centers for Disease Control and Prevention recommends the wearing of retro-reflective clothes when walking through busy streets and intersections at night.
An injured pedestrian’s ability to obtain full compensation may be affected by his or her contributory negligence in the accident. Depending on state laws, the compensation amount may be reduced or altogether forfeited in the presence of contributory negligence.
If you have been partially negligent in a pedestrian traffic crash, it is important that you speak with a pedestrian accident attorney immediately. A pedestrian accident attorney will examine the facts of your case and determine whether you are also liable, given your comparative or contributory negligence to the collision.
With the help of a pedestrian accident lawyer, you can work in obtaining crucial evidence that proves your lack of liability or minimal negligence in an accident.
The Types of Compensation for Which a Pedestrian Accident Attorney Can Help
Whether the accident has been due to driver liability or pedestrian negligence, there is no doubt that the pedestrian will suffer graver injuries than the vehicle driver in any traffic crash.
If you have been hurt as a pedestrian in Dunwoody, GA, you may file a compensation claim with your pedestrian accident lawyer to take care of the following damages:
Economic losses.
These are losses that are financial in nature and are often easier to calculate compared to non-economic losses. Compensation for economic losses will reimburse you for hospital bills, medication, rehabilitation, and surgery, as well as loss of income while recuperating in a hospital bed or at home.
Non-economic damages.
Not all losses sustained in an accident are financial in nature. If the accident has resulted in significant emotional suffering or the loss of companionship of a spouse, you may consult with pedestrian accident lawyers for the recovery of non-economic losses, in addition to economic damages.
Punitive damages.
You and your pedestrian wreck lawyer may also sue a negligent party for punitive damages in court, especially if their actions show gross negligence or malicious intent. This can be the case for most hit-and-run accidents that exacerbate the burden of a pedestrian accident, especially on the part of the injured pedestrian. If the accident has resulted in the wrongful death of a family member, it is recommended for you to consult with a pedestrian accident lawyer immediately.
As the injured party, you may file for a compensation claim either against your own insurance company or against the insurance carrier of the at-fault driver. In most states, drivers are required to carry at least a minimum amount of liability insurance, which takes care of instances when a driver may injure another individual. If the motor vehicle driver is uninsured, there are still other ways by which you can make a claim.
A pedestrian accident lawyer can guide you through all the necessary steps when filing for compensation against a liable party.
Should My Pedestrian Wreck Lawyer Go for a Settlement or a Lawsuit?
There are several reasons why your pedestrian accident lawyer may either advise you to accept a settlement or proceed to the filing of a lawsuit.
In a settlement, you discuss your compensation claim with the insurance carrier of the at-fault party and work to arrive at a favorable arrangement. Your pedestrian wreck lawyer may represent you in these discussions, which may involve the vehicle driver and his or her insurance representative. A settlement is often a convenient way to resolve compensation matters without proceeding to trial.
However, some settlement discussions can be far from simple. Thus, a pedestrian accident attorney may advise you to proceed to litigation if the out-of-court discussions are already heading nowhere. Although pursuing a lawsuit can be time-consuming and costly, it can also be advantageous in various ways. Sometimes, filing for a lawsuit can be the only way for you to be able to recover fully for damages.
A pedestrian accident lawyer should be able to advise you if and when a trial is more necessary than a settlement. While a pedestrian wreck lawyer should be prudent enough in taking a favorable settlement, s/he must also be willing to proceed to court whenever the situation demands it.
Choosing the Pedestrian Accident Lawyer for Your Specific Case
Not all pedestrians who find themselves involved and injured in an accident seek the help of pedestrian accident lawyers. While this is an option that anyone can take, it is often not advisable.
When dealing with a compensation claim for injuries sustained in an accident, you will significantly benefit from the guidance of a pedestrian wreck lawyer.
Establish fault or negligence.
In any compensation claim, it is crucial to determine which party or parties are at fault. Not all civilians will have acquired sufficient legal background so as to know how to establish fault in a liable party. Conversely, a pedestrian wreck lawyer will have the experience and the background needed to determine full or partial negligence in a liable individual.
Calculate compensation claim damages.
Given the disparity between various pedestrian accident cases, there is no specific amount for which an injured party may expect as compensation. However, a trusted pedestrian accident lawyer will be able to quantify all losses, both economic and non-economic, to ensure that you obtain the maximum amount entitled to you.
Access to investigation resources.
It is possible for the at-fault party to accuse you of partial or full negligence in a pedestrian accident case. When this happens, you need a pedestrian accident lawyer who has the resources needed in carrying out an investigation. You will need evidence to prove that, in fact, the motor vehicle driver has been negligent. It is the job of your pedestrian accident attorney to work with other experts such as physicians and scene reconstruction professionals whenever necessary.
Keep track of lawsuit deadlines.
In the event that you plan to file a lawsuit, certain deadline stipulations apply. These deadlines tend to vary, although most states operate on a deadline of two years from the date of the accident.
When you have a pedestrian accident lawyer working on your case, you will have someone who can keep track of all important dates and submission requirements. A pedestrian accident lawyer will also extend valuable advice as to whether it will be necessary to file a lawsuit or to simply settle out of court.
Review Your Claim With a Pedestrian Accident Lawyer Near Dunwoody
If you have been injured in a pedestrian traffic crash, get in touch with a pedestrian accident lawyer at The Weinstein Firm. We have a team of pedestrian accident lawyers who are willing to commit to your accident injury case in Dunwoody.
It is possible for you to be compensated fully for your losses after a pedestrian accident in Georgia. Talk to a pedestrian accident attorney at The Weinstein Firm to start seeking help for your compensation claim today.
