Those who choose to walk instead of drive in Georgia do not always avoid the dangers of road traffic. Every year, the number of traffic accidents throughout the state increases. With it, so does the number of pedestrians who lose their lives or incur injuries due to some driver’s reckless behavior. If this sounds like your situation, then you may need to call a pedestrian accident lawyer in Conyers, Georgia.
According to the data available on the Georgia Governor’s Office of Highway Safety website, out of the 1,432 fatalities and 19,406 serious injuries registered in 2015, 15% referred to pedestrians. Starting from this data, the 5-year trends suggest 344 pedestrians will lose their lives in traffic accidents in 2018, compared to 193 in 2015.
The situation is similar or even worse in Rockdale County, where many people rely on walking to get from one point to another and access public transportation. For these cases, there are Conyers pedestrian accident lawyers who are there to help the victims seek the compensation they deserve.
What Are the Leading Causes of Rockdale County Accidents?
The leading causes of pedestrian accidents in Rockdale County include:
Alcohol-impaired drivers caused 26% of the accidents registered in Georgia in 2015. Alcohol consumption affects pedestrians, as well, negatively impacting their ability to pay attention to traffic and react to approaching danger.
When an alcohol-impaired pedestrian incurs injuries in a traffic accident, their chances of obtaining compensation for their injuries diminish, and their pedestrian accident attorney’s task of helping them seek compensation becomes more difficult.
The pedestrian will most likely share liability for the accident, and in order to secure fair compensation, their pedestrian wreck lawyer will have to prove that the accident would have occurred regardless of their client’s condition.
Drivers easily get distracted behind the wheel, although only 3.5% admit to it. Unfortunately, pedestrians are vulnerable to distractions as well, many talking on their phone, checking their email and social media notifications, listening to music or talking to their companions while walking.
Both drivers and pedestrians often become aware of the danger when it is already too late, and the accident is unavoidable. Depending on how the accident occurred and what its consequences were, any of the parties involved can benefit from the advice of a personal injury lawyer.
Approximately 19% of the traffic accidents occurring in Georgia every year have excess speed as the main cause. In addition to making it hard for drivers to stop in time and avoid accidents, speed also increases impact force and leads to more severe injuries.
Although speeding is easier to prove than other accident causes, pedestrians who incur injuries in such accidents can still benefit from the investigation skills of a Conyers pedestrian accident lawyer who has handled speed-related cases before and will know how to put the available evidence to good use.
Failure to Yield Right of Way
Sometimes, drivers fail to yield right of way to pedestrians in crosswalks or when emerging out of alleys, driveways or private roads. However, accidents also occur when pedestrians cross the street without yielding the right of way to the vehicles in traffic, or simply jump in front of cars at crosswalks, without realizing the drivers will not have time to stop safely.
When pedestrians incur injuries in crosswalk accidents, the fault often belongs to the driver. However, there may be other circumstances that could impact the accident, as well. For example, if another driver was parked improperly and obstructed visibility, then someone behind the wheel may not have been able to see the pedestrian as they entered the crosswalk. In these cases, it may be possible to claim that the parked driver also shares in the liability for the accident.
If you were a victim of a pedestrian accident, identifying the cause of your accident will most likely help you identify the party at fault. As your pedestrian accident attorney may explain, this is very important, since the party at fault or their insurer should offer compensation for your injuries, losses, and pain and suffering.
Knowledge of Georgia laws is also very important when it comes to determining accident liability. The party at fault usually violated a Georgia law, which caused the accident. Proving the violation is often enough to prove their liability for the wreck.
At The Weinstein Firm, our car accident lawyers often begin their cooperation with our clients by discussing accident causes in the context of Georgia laws. Here are some of the most important Georgia Code stipulations with which your Conyers accident lawyer should be familiar.
Georgia Laws Referring to Pedestrians or How a Pedestrian Accident Lawyer May Determine Liability
1. Georgia Laws Applicable to Crosswalk Accidents
According to Georgia Code Section § 40-6-91, drivers should yield right of way to pedestrians on the crosswalk, without squeezing by or cutting them off. However, pedestrians should not leave the curb or any other safe place and suddenly walk or run into the driver’s path.
If your accident occurred on a crosswalk without pedestrian signals, and you were already on it when a car hit you, your Conyers accident attorney will have no problem proving the liability of the driver that hit you.
However, if you ran into the driver’s path suddenly, or you violated Code Section § 40-6-22 and disobeyed pedestrian signals, you will most likely share liability. It will take an experienced pedestrian accident lawyer to prove that you were less at fault than the other driver and get you some compensation for your injuries, or at least help you avoid paying compensation to the other party involved.
Also, if another driver parked their car too close to the crosswalk, obstructing the visibility of the driver that hit you, your pedestrian wreck lawyer should be able to prove they shared liability. Code Section § 40-6-203 prohibits parking vehicles on crosswalks or within 20 feet from intersection crosswalks.
Georgia Laws Applicable to Roadway Accidents
If your accident occurred while you were crossing a roadway without using a crosswalk, your situation is not too favorable, and your pedestrian accident lawyer will have to fight hard to get you any compensation.
Code section § 40-6-92 stipulates that pedestrians crossing roadways any place other than the marked crosswalks should yield right of way to all vehicles, especially if there are crossings or pedestrian tunnels nearby. Moreover, the same section prohibits pedestrians from crossing the roadway between adjacent intersections with functioning traffic control signals anywhere other than within marked crosswalks.
However, it is still worth discussing your case with a pedestrian wreck lawyer, as they may be able to prove that the driver that hit you was intoxicated with drugs or alcohol, speeding, distracted, or even ill-intentioned. At The Weinstein Firm, our pedestrian accident lawyers in Conyers, Georgia offer free case evaluations, so finding out what your options are will not cost you anything.
Georgia Laws Applicable to Accidents Involving Cars Emerging from Alleys, Driveways, or Private Roads
If you were walking on the sidewalk and a car emerging from a driveway, alley, or private road hit you, things should be easier for your pedestrian accident attorney. Code Section § 40-6-144 stipulates that in such situations, the driver has to yield right of way to pedestrians.
Of course, the situation may change if you jumped into the driver’s path suddenly, you were intoxicated with alcohol or drugs, you were not on the sidewalk, or something obstructed the driver’s visibility. These are all details you should discuss with an experienced pedestrian accident lawyer, as they may influence the value of your claim.
This brings us to an important aspect our clients always want to clarify as soon as possible – claim value. Everyone wants to know how much money they can receive as compensation and how compensation will be calculated for their pedestrian accident claim. As pedestrian accident lawyers, we can tell you that the best way to know how much you can receive is through a one-on-one consultation with an attorney who can review the details of your case. Until then, the information below will give you some idea of what you can expect.
Compensation Claim Value and How a Conyers Pedestrian Accident Lawyer Can Help You Assess Yours
The first step towards assessing the value of your compensation claim is understanding what type of damages and losses such a claim can cover. Depending on how the accident occurred and what type of losses and injuries the victim suffers from, a Rockdale County pedestrian accident attorney can seek compensation for the following types of damages and losses:
If your phone, watch, or some other device or accessory incurred damages in the accident, your pedestrian wreck lawyer can include the cost of repairing or replacing them in the claim. Of course, they would have to prove you had them on you and the damages were the result of the accident.
Your pedestrian accident lawyer can request compensation for the costs of any medical examinations, treatments, devices or therapy you need and/or may need in the future to recover from the accident. To receive compensation for these types of medical expenses, then you will need to keep track of everything from invoices and receipts to expert testimonies and future cost estimates. Your lawyer can assist you in keeping everything tracked and organized.
Disability adjustment expenses
Should an accident victim remain disabled and need a wheelchair and investments for adapting their home to their disability, like building ramps or an elevator for their wheelchair, an experienced pedestrian wreck lawyer may be able to include these expenses in the compensation claim.
Lost wages and earning capacity
If the accident injuries prevent you from returning to work for a while, and/or affect your ability to earn your living, you should be reimbursed for any lost wages now and into the future. How much money you receive will depend on your pedestrian wreck lawyer’s ability to prove your injuries and the impact they had and may have on your financial situation.
Pain and suffering
Pedestrian accidents often result in severe physical and emotional trauma. The victims go through terrible pain, face incredible suffering, and are no longer able to enjoy life as they used to. This type of pain and suffering is subject to compensation as well, as long as the pedestrian accident lawyer handling the case can prove it.
At The Weinstein Firm, we understand how traumatic pedestrian accidents are, and how difficult and expensive recovering from them can be. That is why we do everything in our power to help our clients obtain compensation for all the above losses with minimum hassle on their part. With a The Weinstein Firm pedestrian accident attorney on your side, you will obtain sound legal advice and help to secure the compensation you deserve.
How a The Weinstein Firm Pedestrian Accident Lawyer Can Help You
The sooner you call a Georgia pedestrian wreck lawyer, the more they can do for you. Here are a few examples of what an attorney can offer:
- At the accident scene, our attorney can advise you on what to do, what evidence to pay attention to, and how to deal with the police officers, insurance agents, and everyone else present.
- While receiving treatment, the pedestrian accident lawyer can help you document all your injuries and expenses, and estimate and justify any future costs.
- When preparing and filing the compensation claim, your attorney can help you decide against whom to file it, make sure the statute of limitations does not expire (you only have two years to file injury-related claims), prove liability, and justify the compensation requested.
- If the insurance company denies your claim or offers an unfair settlement, your pedestrian wreck lawyer can appeal the claim to the company’s claim supervisor or even file a civil lawsuit.
- Throughout the claim filing and settlement process, your pedestrian accident attorney will take over the paperwork and negotiate with the insurance company on your behalf to make sure you receive fair and consistent compensation.
The best part is that you will only pay for the services of your The Weinstein Firm pedestrian accident lawyer when you receive the compensation. Even if the worst were to happen, when working with us, you have nothing to lose – if we do not win, you do not pay us!
Our pedestrian accident lawyers in Conyers, Georgia are very experienced, and they will not rest until they prepare a solid, undeniable claim that will bring you a convenient and fair settlement offer. Call to schedule a free consultation with a Conyers pedestrian accident lawyer today to learn how we can help you.