Pedestrian Accident: What Kind of Damages Can I Demand?

Road sign warning against pedestrian accidents

It’s totally understandable for you to want to know if you can collect damages after your pedestrian accident. It’s hard for our accident attorneys in Buford to imagine any other scenario where an accident was completely preventable.

The question is how much you can actually receive if you have to pursue a claim for damages.

Most Pedestrian Accidents in Buford Are Totally Preventable

There are certain types of accidents that frustrate our Buford accident lawyers. This is because they are not only preventable, but they shock the conscience. One type of accident that falls into that category is a drunk driving accident. A pedestrian accident is the second type.

It is hard to fathom how somebody could not notice a human being standing on the side of the road or in the street. Even if you weren’t where you were supposed to be, that doesn’t change the fact that the defendant should’ve seen you.

Your Buford Accident Lawyer Will Have to Prove Negligence

As clear-cut as you may think this sort of case is, your Buford accident lawyer still has to prove negligence. This just means that they have to demonstrate that the other driver didn’t behave the way they should have given the circumstances.

To collect damages, your accident attorney in Buford will have to prove the following four (4) things.

  • The defendant owed you a duty of care.
  • They breached this duty.
  • You were injured.
  • Your injuries were caused by the defendant’s breach of duty.

If you’re able to prove these four things, there’s a good chance you’ll be able to collect damages.

This Shouldn’t Be Difficult in a Pedestrian Accident

Proving negligence shouldn’t be all that difficult in a pedestrian accident case. Clearly, the driver owed you a duty of care. Not only do drivers need to honor their duty toward other motorists, but they also owe this duty to pedestrians.

In most cases, the driver was the one with the last clear chance to avoid hitting a pedestrian. With so much at stake, it isn’t acceptable for the defendant to say that it was your fault and leave it at that.

The Defendant Will Have a Hard Time Proving That You Caused the Accident

Even if the driver tries to argue that you caused the pedestrian accident, they could be fighting an uphill battle. This is not to say that our Buford accident lawyers haven’t had cases where our client was found to be at fault. They exist, but they are few and far between.

Even if the defendant is able to prove that you were partially at fault, that won’t be the end of things. Your accident attorney in Buford knows you can still collect damages even if you were partially at fault. 

You Can Still Collect Damages if You Were Partly at Fault

Thanks to OCGA §51-11-7, plaintiffs can still collect damages, even if they were partly at fault. The way it works is that your damages will be reduced by your percentage of fault. If you sued the defendant for $100,000 and were 20% at fault, your damages would be reduced by $20,000.

Of course, it’s never this easy. However, it’s sometimes better to explain these things by way of example. 

Pedestrian accident victims qualify for damages even if partly at fault

If Your Accident Attorney in Buford Can Prove Negligence, You Can Demand Damages

Once your Buford accident lawyer proves negligence, they will move on to prove your damages. In most of the pedestrian accident cases we handle, our clients receive the following:

  • Medical bills
  • Lost income
  • Pain and suffering

Each of these will be discussed in detail below.

Medical Bills and Future Medical Bills

If the defendant in your pedestrian accident case is found to be at fault, then they’ll have to pay for your medical bills. This includes current medical bills as well as your future medical bills. What your Buford accident lawyer will do is have an expert testify as to what care you’ll need in the future.

For example, if you suffered a neck or back injury, you may need surgery. You may have future surgeries as well. In addition, there’s a good chance that you’ll need physical therapy. You shouldn’t have to pay for any of this out-of-pocket.

Lost Wages and Lost Future Income

In addition to compensation for your medical bills, the defendant in your pedestrian accident case should also have to compensate you for lost income. This includes both lost wages – time that you missed from work as a result of your accident.

You can also demand compensation for the money you’ll lose in the future. If you can no longer do the same kind of work you did prior to the accident, you may make less money. You can demand to be paid the income that you’ll now lose.

Pain and Suffering

Obviously, if you were hit by a car, you’ll experience intense pain and suffering. These damages are meant to compensate you for the physical and mental anguish you suffer as a result of your accident.

Your body will certainly be punished. No human being can withstand the impact of an automobile. Your accident attorney in Buford will demand a significant amount in pain and suffering damages.

Your Buford Accident Lawyer Will Try to Negotiate a Settlement on Your Behalf

There’s a good chance that your Buford accident lawyer will settle your case. This means you won’t have to worry about a long, drawn-out trial. It’s in everybody’s best interest to negotiate a settlement.

What this means is you may not receive your full demand. However, your attorney will ensure that you collect enough so that you aren’t left holding the bag for any medical bills or lost income.

Reach Out to One of Our Accident Attorneys in Buford Right Away

If you were injured in a pedestrian accident, there’s a good chance you suffered devastating injuries. It’s nearly impossible to escape from this sort of accident unscathed. The problem is that you won’t be in any position to fight with the insurance company given your physical condition. That’s why we suggest you contact our office and talk to an experienced Georgia pedestrian accident attorney.

Of course, we understand that it may take some time for you to be able to speak with us. Worst case, one of our Buford personal injury lawyers can come to you. We offer all new clients a free, initial consultation. Take advantage of this opportunity to have a seasoned attorney review your claim free of charge.

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