Atlanta Pedestrian Accident Lawyer

Atlanta Pedestrian Accident Attorney

A pedestrian accident is one of the most damaging incidents a person can experience. Whenever a motor vehicle hits a person, the victim has a high likelihood of experiencing life-changing injuries, even if the accident happened at a relatively low speed. An experienced Atlanta pedestrian accident lawyer is the ideal resource for anyone who has suffered this type of incident. Your attorney can help you ensure accountability and recover compensation for your damages.

This type of personal injury case is likely to involve substantial damages, and the injured plaintiff will be unlikely to manage all of their legal affairs on their own while they recover from their injury and address their personal obligations. The team at the Merritt & Merritt Law Firm can help our clients navigate their pedestrian accident claims with confidence and will do everything we can to maximize their recovery.

Were You Injured as a Pedestrian in a Car Accident? Let Us Help You Recover

If you are a pedestrian in Atlanta who has been injured in a car accident, contact our personal injury lawyers at 404-975-1775. We will sit down with you, examine the facts of your case, and explain your options. Your case may involve more than one responsible party; it is important to meet with one of our attorneys before you jeopardize your rights. In this way, you’ll avoid costly mistakes that could result in a lower settlement payment or verdict than what you may be entitled to collect.

Walking is an excellent way to get exercise. It improves circulation, builds up stamina, increases heart function and can help people lose extra weight. It can also result in serious injury if a motorist isn’t paying attention. Pedestrians have the right to expect nearby drivers to obey traffic signals and yield the right-of-way when necessary. However, not all drivers uphold their obligations on the road, sometimes causing tragic accidents.

The Georgia Governor’s Office of Highway Safety states in 2015, traffic accidents claimed the lives of 193 people. Furthermore, the state’s numbers indicated that since 2008, the number of pedestrian fatalities in traffic accidents has steadily increased. In an effort to lower these numbers, Georgia has launched pedestrian safety programs that use outreach, education and enforcement of its laws.

Do You Have Grounds for a Pedestrian Car Accident Claim?

Georgia tort law states if you are found less than 50 percent responsible for the accident, you have the right to file a personal injury claim. This is commonly referred to as a comparative fault rule. In cases consisting of more than one responsible party, you can seek appropriate compensation from each party. Should comparative fault arise in your case, your fault percentage will be taken from your case award as a penalty, and you will keep the rest.

You may also have grounds for a pedestrian car accident claim if you were in a marked crosswalk or on a pedestrian path at the time you were injured. Ultimately, you must prove fault before you will be able to recover compensation for your damages. This means identifying the driver who hit you and proving they were either negligent or broke the law in a manner that resulted in your accident and injuries.

Why Should You File a Pedestrian Car Accident Claim?

When someone engages in negligent behavior, they should face the consequences to deter them and others from doing it again. Filing a pedestrian car accident claim is the most effective way to achieve that. A successful claim not only holds the at-fault party accountable but will also ensure you receive appropriate compensation for your damages. Our skilled team is there to also make sure you receive the compensation you are legally entitled to.

People hit by a car generally tend to have serious injuries because they have no protection. These injuries include the following:

• Traumatic head injuries. These are commonly reported from pedestrian accidents and have a high chance of causing severe long-term or permanent complications for the victim. Any type of brain injury has the potential to cause permanent disabilities that can interfere with the victim’s life in various ways.
• Shoulder/arm injuries. These injuries can be very painful and debilitating. The victim may be unable to work or manage basic household tasks while they recover. There is also the chance for this type of injury to result in permanent harm, such as limited mobility or even partial paralysis.
• Spinal injuries. The spinal cord cannot self-repair after injury like the rest of the body, so any damage to the spinal cord will be permanent. This will negatively affect all of the body connected to the spinal cord below the injury site. A complete injury that severs the spinal cord will result in permanent paralysis.
• Fractured pelvis. This is one of the most painful and debilitating injuries anyone can suffer in a pedestrian accident. They will likely require extensive surgical treatment and may experience a wide range of long-term adverse effects. This type of injury will often require the victim to undergo extensive physical therapy.
• Leg fractures. Any type of broken leg is a serious injury that can leave the victim unable to walk until they recover. Once they have healed as much as possible, they are likely to require ongoing physical therapy and other rehabilitative care to regain their mobility and strength.
• Broken ribs. Rib fractures are serious, painful, and potentially fatal if a broken rib pierces the lung. This type of injury requires immediate emergency care, and it is possible for the victim to face a very long and difficult road to recovery.

Medical costs for a pedestrian accident can be high. You have to pay for the cost of the first responders who treated you at the scene; the trip in an ambulance to the nearest hospital (in some cases, this may involve air transport); the care you receive at the hospital, which may include a stay; follow-up visits; and physical therapy. The defendant who injured you is liable for the full range of medical expenses you face in the aftermath of your accident.

In addition to these costs, you may have been unable to work, placing an unexpected financial strain on your household. Filing a claim for compensation not only helps you financially, but it also holds the other party or parties accountable for their negligence. You have the right to seek compensation for any income you are unable to earn because of the defendant’s actions. This includes future income you can no longer earn if you have been permanently disabled.

Who May be Liable for Injuries?

Many cases involving pedestrian car accidents involve more than one liable party. In addition to the driver, the owner of the vehicle may bear some responsibility. If the accident was partly caused by a poorly designed road or walkway, the victim may be able to ask the government entity for financial compensation. The same is possible if a traffic signal light malfunctioned, providing the pedestrian and the motorist both with a green light.

What Damages Can I Claim?

There are two types of damages you may be able to claim. One is compensatory damages, which is intended to financially cover the impact the accident has had on you. Compensatory damages include the following:

• Medical bills: First responder care, emergency room care, hospitalization
• Future medical care: Surgeries, physical therapy, doctor visits, speech therapy, emotional/mental therapy
• Medical equipment: Wheelchair, medical bed, patient lifting equipment, breathing support
• Prescriptions: Pain management, antibiotics
• Long-term care: Personal nurse, nursing home

Financial assistance for current and future lost income may also be included. For example, if you are unable to rejoin the workforce, you may be granted a significant amount to replace the income you would have earned.

If the driver acted extremely negligent, you may have the right to ask for punitive damages. Punitive damages are ordered as a way to punish the driver for their actions and act as a deterrent to that driver and others. Because they are meant to send a message, they are often a significant amount. The plaintiff and their attorney can make recommendations as to how much they believe a defendant should pay, but a jury will typically decide the actual amount to be paid.

When it comes to pain and suffering compensation, many people wonder how you can assign a monetary value to something intangible, like physical pain or emotional distress. There is no set formula for calculating these non-economic damages and no cap on the amount the plaintiff can claim in a pedestrian accident case. Your Atlanta pedestrian accident lawyer can help determine a fair amount that reflects the severity of the harm the defendant inflicted.

Comparative Negligence in an Atlanta Pedestrian Accident Claim

In some personal injury cases, the facts show that the injured plaintiff actually shares fault for the damages they suffered. In a pedestrian accident case, the issue of comparative negligence may arise if the evidence shows the pedestrian crossed the street illegally or if they were otherwise negligent in any other way that contributed to causing the accident. Under Georgia’s modified comparative negligence law, this will diminish the injured plaintiff’s recovery.

If a plaintiff is found partially liable for their accident, they will have a fault percentage assigned that reflects how responsible they are for causing the incident in question. This fault percentage will then be the percentage of their final case award that they lose as a penalty to reflect their shared fault. However, if they are found to be more at fault than the defendant, they will not be able to claim compensation from anyone else and will be responsible for their own damages.

What to Expect From Your Atlanta Pedestrian Accident Attorney

The attorneys at Merritt & Merritt approach every personal injury claim our firm accepts with the goal of helping our client maximize their recovery in the shortest timeframe possible. We know how to uncover all the damages you are entitled to claim from the defendant who hit you, how to minimize the time you spend waiting for legal proceedings to conclude, and how to resolve the many legal challenges you could encounter throughout your case.

You may be able to file a claim against the at-fault driver’s insurance company, but dealing with auto insurance carriers is rarely easy. An insurance company will almost always fight a claim for compensation, even when their policyholder is clearly at fault. We know the tactics insurance companies use to try to avoid paying out on claims and justify lowball settlement offers. If you can file an insurance claim, we’ll do everything we can to maximize your settlement.

When it comes to your personal injury suit, you can rest and recover while our team manages all of your legal affairs for you. We can complete all necessary paperwork for filing with the court and help you understand the procedures your case can entail so there are no unwelcome surprises as your case unfolds. You can trust our team to reveal every channel of compensation and secure the greatest recovery we possibly can.

FAQs

Q: Is Hiring an Attorney Required for a Personal Injury Claim in Georgia?

A: Hiring an attorney is not strictly required for a personal injury claim in Georgia. You have the right to attempt recovery on your own, but you would be unlikely to reach the same level of results you could expect if you had an experienced attorney representing you. Your Atlanta pedestrian accident lawyer can be invaluable to your case in several ways, from helping you gather evidence to streamlining your proceedings and helping you recover more quickly.

Q: What Is the Statute of Limitations for a Personal Injury Claim in Georgia?

A: The statute of limitations for personal injury claims in Georgia is two years, starting on the day a personal injury occurred or on the day the victim discovered they were harmed by another party’s actions. While this may seem like plenty of time for filing your case, it is vital that you begin gathering evidence to support your claim as quickly as possible after the accident. This ensures that any evidence you need to prove fault is reliable.

Q: What Is the Value of a Pedestrian Accident Claim in Atlanta?

A: The value of a pedestrian accident claim in Atlanta depends on the damages involved in the case. The plaintiff has the right to seek compensation for their medical treatment costs, lost income, and property damage resulting from the defendant’s actions. They also have the right to pursue compensation for lost future earning capacity as well as their pain and suffering. Your Atlanta pedestrian accident lawyer can estimate the value of your claim.

Q: What Happens if a Pedestrian Accident Is Fatal?

A: If a pedestrian accident is fatal, the surviving family of the victim will likely have the option to pursue a wrongful death suit against the driver who caused the accident. This type of personal injury claim aims to secure compensation for the beneficiaries of the victim, and there are special procedural rules that apply to wrongful death suits that you must understand. An experienced Atlanta wrongful death lawyer can be an invaluable asset for this type of case.

Q: What Are Attorneys’ Fees for an Atlanta Pedestrian Accident Attorney?

A: Attorneys’ fees for an Atlanta pedestrian accident lawyer depend on the attorney’s billing policy. The attorneys at Merritt & Merritt operate on a contingency fee policy, meaning we will only take a fee from a client if and when we win their case. If we are unable to secure compensation for our clients, they pay nothing. When we do win a case, our client’s fee is a percentage of the total compensation we secure for them.

An experienced Atlanta pedestrian accident lawyer can be an essential asset to have on your side if you intend to pursue legal recourse for your recent accident. With their help, you will be more likely to win your case and more likely to maximize the compensation you secure. If you have been injured by a vehicle while a pedestrian call us today at 404-975-1775. Our experienced team of attorneys are ready to assist you. Contact us today for a consultation.