Pedestrian accidents are a common occurrence in Georgia. If you or a loved one have been involved in such an accident, it’s important to know your rights and whether you are eligible to receive compensation for your injuries and losses. Understanding liability is crucial for ensuring pedestrian safety.
Under Georgia law, liability in pedestrian accidents is determined by several factors, including negligence per se, the legal duty of drivers to exercise care for pedestrians, and the right of way for pedestrians.
Understanding these aspects can help you navigate your case and determine the value of your claim. Let’s take a look at how liability is determined in this type of incident and how an Atlanta pedestrian accident lawyer can help with various pedestrian accident cases, including crosswalk accidents, back-over accidents, hit-and-run accidents, intersection accidents, sidewalk accidents, and driveway accidents.
Who Is Liable In A Pedestrian Accident In Georgia?
In 2021, there were 306 pedestrians fatally injured in traffic crashes in Georgia, a 10 percent increase from the 279 pedestrian fatalities in 2020. More than half of all pedestrian crashes occurred within the Atlanta region (58 percent).
In Georgia, the one to blame is supposed to bear the cost of injuries or damages, which means that his actions or inactions were the cause of the accident. The system of comparative fault applies in Georgia in determining liability.
This implies that both pedestrians and drivers can be at fault for an accident and it will affect the compensation awarded. Georgia follows the principle of comparative negligence, meaning that the fault can be shared between the parties involved.
If pedestrians or drivers do not observe their rights and responsibilities when using Georgia’s roadways they will become liable for damages in a pedestrian accident case. Understanding liability is crucial for both pedestrian accident cases and other personal injury cases.
Proving Liability in a Pedestrian Accident Case
Proving liability in a pedestrian accident case is a critical step in securing compensation for the injured party. Establishing liability typically involves demonstrating that the driver acted negligently and that this negligence directly caused the accident and resulting injuries. Here are the key elements involved in proving liability:
- Duty of Care: The first step is to establish that the driver owed a duty of care to the pedestrian. All drivers are legally obligated to operate their vehicles safely and adhere to traffic laws to prevent harm to others, including pedestrians.
- Breach of Duty: Next, it must be shown that the driver breached this duty of care. A breach can occur in various ways, such as speeding, running a red light, failing to yield to a pedestrian at a crosswalk, distracted driving, or driving under the influence of alcohol or drugs.
- Causation: It is not enough to prove that the driver was negligent; it must also be demonstrated that the driver’s breach of duty directly caused the accident. This involves showing a clear link between the driver’s actions and the injuries sustained by the pedestrian. Evidence such as traffic camera footage, eyewitness testimony, and accident reconstruction reports can be crucial in establishing causation.
- Damages: Finally, the injured pedestrian must show that they suffered damages as a result of the accident. Damages can include medical expenses, lost wages, pain and suffering, and other losses. Medical records, bills, and expert testimony can help substantiate the extent and impact of the injuries.
Gathering Evidence
Collecting comprehensive evidence is vital to building a strong case. This may involve:
- Photographs: Taking pictures of the accident scene, vehicle damage, injuries, and any relevant road signs or signals.
- Police Reports: Obtaining the official police report, which documents the details of the accident and may include the officer’s assessment of fault.
- Witness Statements: Gathering statements from anyone who witnessed the accident to provide additional perspectives on how the incident occurred.
- Expert Testimony: Using experts, such as accident reconstruction specialists, to analyze the evidence and provide professional opinions on the cause and impact of the accident.
Comparative Negligence
It is important to note that in some cases, the pedestrian may be found partially at fault for the accident. Many states, including Georgia, follow a comparative negligence rule, which means that the compensation awarded to the pedestrian may be reduced by their percentage of fault. For example, if a pedestrian is found to be 20% at fault for jaywalking, their compensation would be reduced by 20%. However, as long as the pedestrian is less than 50% at fault, they can still recover damages.
Legal Assistance
Proving liability in a pedestrian accident case can be complex, requiring a thorough understanding of traffic laws, meticulous evidence gathering, and strategic legal arguments. Consulting with a personal injury attorney who specializes in pedestrian accidents can greatly enhance the likelihood of a successful claim. An experienced attorney can guide the injured party through the legal process, negotiate with insurance companies, and advocate on their behalf to ensure they receive the compensation they deserve.
By effectively proving liability, the injured pedestrian can hold the negligent driver accountable and secure the necessary financial support to aid in their recovery and cover the losses incurred from the accident.
Pedestrian Rights And Responsibilities
Pedestrians in Georgia have specific rights and responsibilities when using roadways and crosswalks. Following these rules is crucial to avoid pedestrian accident injuries, which can lead to long-term disabilities and require immediate medical attention for proper documentation and compensation claims.
Understanding pedestrian laws is essential to avoid accidents.
Use Crosswalks
Crosswalks should be used by pedestrians whenever possible. Crossing a street outside of a marked crosswalk, commonly referred to as jaywalking, may have legal consequences.
Jaywalking can complicate pedestrian accident claims, potentially affecting the damages recoverable and the assignment of blame.
Obey Traffic Signals
Pedestrians are also to obey traffic signs just like drivers. Following traffic laws, pedestrians can only use crosswalks if there is a traffic signal allowing them.
Moreover, some traffic sign could specify areas where pedestrians might roam around freely. Obeying these signals is crucial to avoid accidents and the subsequent need to file a pedestrian accident claim.
Yield To Vehicles
While pedestrians have the right of way in marked crosswalks, they must yield the right of way to vehicles when crossing outside of crosswalks or in areas where there are no crosswalks.
Use Sidewalks
If sidewalks are available, pedestrians are required to use them. Where sidewalks exist, walk on them; but if not available then walk facing oncoming traffic as far left as possible.
Using available pedestrian infrastructure is crucial for ensuring pedestrian safety.
Avoid Distracted Walking
Just as motorists need to avoid distracted driving, pedestrians should watch out for distracted walking, such as reading text messages or using earbuds while moving along roadsides.
Driver Responsibilities In Georgia
Drivers in Georgia have a responsibility to exercise caution and ensure the safety of pedestrians.
Failing to stop for pedestrians in crosswalks can lead to serious injuries, including catastrophic, life-long disabilities, traumatic brain injuries, spinal cord injuries, and fractures, causing significant financial losses and emotional distress.
Driver negligence in pedestrian accidents can result in severe legal consequences and increased liability for the driver.
Stop For Pedestrians In Crosswalks
Drivers must stop and yield the right of way to pedestrians in crosswalks to ensure crosswalk safety.
Stop For School Buses
Motorists are required to stop and stay halted until either signaled by the driver or when the school bus resumes motion after stopping with red lights flashing together with its stop-arm extended.
It is crucial to prioritize school zone safety when stopping for school buses to protect children.
Exercise Caution In Pedestrian Zones
Areas like schools, parks, neighborhoods, and pedestrian zones should be approached with care because there may be people walking there, especially children who pay no attention at times thereby putting themselves at risk of being hit by cars.
Most Common Pedestrian Accident Injuries
Pedestrian accidents can result in a wide range of injuries, many of which can be severe or even life-threatening due to the lack of protection pedestrians have compared to vehicle occupants. Here are some of the most common injuries sustained in pedestrian accidents:
- Head and Brain Injuries:
- Concussions and Traumatic Brain Injuries (TBIs): These occur when the head strikes a hard surface or is subjected to a violent force, leading to temporary or permanent brain damage. Symptoms can range from mild headaches to severe cognitive impairments and loss of consciousness.
- Skull Fractures: These can result from direct impact and may lead to serious complications such as brain swelling or infection.
- Spinal Cord Injuries:
- Paralysis: Severe impacts can damage the spinal cord, potentially resulting in partial or complete paralysis. The extent of the paralysis depends on the location and severity of the injury.
- Herniated Discs: These occur when the soft material inside a spinal disc pushes through its exterior, causing pain, numbness, or weakness.
- Broken Bones and Fractures:
- Leg and Foot Fractures: Common due to the impact with the vehicle or the ground. These injuries can require extensive medical treatment and rehabilitation.
- Arm and Wrist Fractures: Often occur when pedestrians attempt to break their fall with their arms, leading to fractures or dislocations.
- Soft Tissue Injuries:
- Sprains and Strains: Damage to ligaments, tendons, and muscles, often causing significant pain and limiting mobility.
- Torn Ligaments and Tendons: More severe soft tissue injuries that may require surgery and prolonged rehabilitation.
- Internal Injuries:
- Organ Damage: Impact can cause internal bleeding and damage to organs such as the liver, kidneys, and spleen, which can be life-threatening without prompt medical intervention.
- Rib Fractures and Punctured Lungs: These can occur from direct trauma to the chest, leading to serious complications like difficulty breathing and internal bleeding.
- Cuts and Lacerations:
- Deep Wounds: Broken glass, debris, and the impact itself can cause deep cuts and lacerations, which may require stitches or more extensive surgical repair.
- Abrasions and Road Rash: Skin injuries caused by scraping against the pavement, which can lead to infection if not properly treated.
- Psychological Trauma:
- Post-Traumatic Stress Disorder (PTSD): The emotional impact of being involved in a pedestrian accident can lead to PTSD, characterized by flashbacks, anxiety, and depression.
- Emotional Distress: Victims may suffer from ongoing anxiety, fear of crossing streets, or depression as a result of their accident and injuries.
Compensation After A Pedestrian Accident
When you suffered injuries resulting from a pedestrian accident, you may be entitled to fair compensation for different types of damages. Here are the damages you can seek:
To start the process of seeking compensation claims, you should consult with a legal professional who can guide you through the necessary steps and documentation.
Medical Expenses
This covers costs incurred during medical treatment such as surgeries, prescribed drugs and other medications as well as other medical bills including physical therapy.
Lost Wages
If your injuries have caused you to miss work, you may be able to recover compensation for the income loss you’ve experienced.
Pain And Suffering
It means the bodily pain, emotional distress, and emotional anguish that resulted from your being hurt. Though difficult to measure, it forms an integral part of many personal injury claims.
Loss Of Enjoyment Of Life
Should your injuries prevent you from enjoying activities that you used to love engaging in, impacting your quality of life, this loss may be compensable.
Future Medical Expenses
If your injuries will require ongoing care, you can seek compensation for the estimated cost of this care.
Punitive Damages
A few cases could allow punitive damages if the defendant’s conduct is found extremely outrageous so as to deter repeat occurrences. These punitive damages are meant to punish the wrongdoer.
Damages Available After a Fatal Pedestrian Accident
After a fatal pedestrian accident, the victim’s family may be entitled to various types of damages through a wrongful death claim. These damages are intended to compensate for both the economic and non-economic losses resulting from the accident.
Economic damages can include medical expenses incurred before the victim’s death, funeral and burial costs, and the loss of the deceased’s future earnings and benefits. Non-economic damages cover the intangible losses suffered by the family, such as the pain and suffering experienced by the victim prior to death, loss of companionship, emotional distress, and loss of guidance and support.
In some cases, punitive damages may also be awarded if the at-fault party’s actions were particularly reckless or egregious. These damages aim to provide financial support to the victim’s family and hold the responsible party accountable for their actions.
To seek a wrongful death claim, the family must typically prove that the death was caused by the negligence or misconduct of another party.
Increasing Pedestrian Fatality Rates Nationwide
Pedestrian fatalities are alarmingly on the rise across the nation, marking a growing public safety concern. According to recent data from the National Highway Traffic Safety Administration (NHTSA), the number of pedestrian deaths has surged significantly in the past decade.
Factors contributing to this increase include higher traffic volumes, distracted driving due to smartphone use, and insufficient pedestrian infrastructure in many urban and suburban areas. Additionally, the prevalence of larger vehicles like SUVs, which tend to cause more severe injuries in collisions, exacerbates the risk to pedestrians.
Despite efforts to implement safety measures such as improved crosswalks, better lighting, and public awareness campaigns, the trend persists, highlighting the urgent need for comprehensive strategies to protect pedestrians and reduce fatalities on American roads.
Critical Steps to Take After Being in a Pedestrian Accident
Being involved in a pedestrian accident can be a traumatic and overwhelming experience. Knowing the critical steps to take immediately after the accident can help protect your health, legal rights, and future claims for compensation. Here’s a guide on what to do:
- Seek Immediate Medical Attention: Your health is the top priority. Even if you think your injuries are minor, seek medical attention immediately. Some injuries, such as internal bleeding or traumatic brain injuries, might not be immediately apparent but can be life-threatening if left untreated. Medical records will also serve as vital evidence if you decide to file a claim later.
- Call the Police: It’s essential to report the accident to the police. An official police report will document the details of the accident, including the parties involved, witness statements, and the officer’s assessment of the scene. This report can be crucial for insurance claims and any legal proceedings.
- Gather Evidence at the Scene: If you are able, collect as much information as possible at the accident scene. Take photographs of the location, your injuries, the vehicle involved, and any visible traffic signs or signals. Get the contact information of the driver, including their name, address, phone number, driver’s license number, and insurance details. If there are witnesses, ask for their contact information as well.
- Avoid Admitting Fault: In the aftermath of an accident, emotions can run high, and it’s easy to inadvertently say something that could be interpreted as an admission of fault. Stick to the facts when speaking to the police and other parties, and avoid making statements about who you believe was responsible for the accident.
- Notify Your Insurance Company: Inform your insurance company about the accident as soon as possible. Provide them with the details of the incident and any information you have collected. Your insurance policy may include coverage for medical expenses or uninsured motorist protection that could be relevant to your situation.
- Keep Detailed Records: Maintain thorough records of all your medical treatments, expenses, and any correspondence related to the accident. This includes bills, receipts, and notes from medical professionals. Document your recovery process, noting any pain, discomfort, or limitations you experience as a result of your injuries.
- Consult with a Personal Injury Attorney: A personal injury attorney can provide invaluable assistance in navigating the complexities of your case. They can help you understand your legal rights, negotiate with insurance companies, and ensure that you receive fair compensation for your injuries and other damages. An attorney will also help you gather and present evidence, and if necessary, represent you in court.
By following these critical steps after a pedestrian accident, you can protect your well-being and strengthen your potential claim for compensation. Taking prompt and organized action is key to ensuring the best possible outcome for your recovery and future.
Time Limits for Filing a Pedestrian Accident Claim
Filing a pedestrian accident claim is subject to strict time limits known as the statute of limitations, which vary by state. In Georgia, for example, the statute of limitations for personal injury claims, including pedestrian accidents, is generally two years from the date of the accident.
This means that if you do not file your claim within this two-year period, you may lose the right to seek compensation for your injuries and damages. It is crucial to act promptly, as building a strong case often requires time to gather evidence, consult with medical professionals, and negotiate with insurance companies.
If the pedestrian accident resulted in a fatality, the time limit for filing a wrongful death claim is also typically two years from the date of death. Understanding and adhering to these time limits is essential to preserving your legal rights and ensuring that you receive the compensation you deserve.
Consulting with a personal injury attorney early in the process can help ensure that all deadlines are met and that your case is handled effectively.
Contact An Atlanta Pedestrian Accident Attorney For Help
If you were injured in a pedestrian accident, you should consult with experienced Atlanta pedestrian accident attorneys to determine if your case is worth pursuing and what is your chance of success.
Skilled Atlanta pedestrian accident lawyers can help you build a strong case by gathering and analyzing evidence, negotiating with the insurance company on your behalf, and even representing you in court if your case goes to trial.
Having legal representation is crucial to ensure your rights are protected and to maximize your chances of a favorable outcome.
An Atlanta pedestrian accident attorney can also provide legal advice and guidance, helping you make informed decisions about your case. Contact us at 770-HELP-NOW for a free case review.
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