Pedestrian Accident Attorney in Atlanta

Standing Up for Atlanta Pedestrian Accident Victims

Since 1995, Georgia drivers have been required to do more than yield to pedestrians in crosswalks; under Georgia law, they must “stop and stay stopped.” Despite these laws, pedestrian accidents have been increasing to record levels across the country, with rates not seen in more than a quarter of a century. Pedestrian fatalities in Georgia rose four percent in 2018 over 2017, after decreasing for over a decade. Here in Atlanta, vehicle collisions with pedestrians doubled from a little more than a decade ago, with injuries and deaths up by more than 25%.

With more people walking and driving in Atlanta now than before, pedestrians and drivers alike spend more time on their cellphones than on the road and traffic around them. Atlanta roads and city streets were designed to move traffic faster and more efficiently, which works well for congested motor traffic but not for pedestrians trying to cross the street.

Experienced Legal Help for Atlanta Pedestrian Accident Victims

If you or a loved one has been involved in an accident, you may be unsure what to do next. The most effective legal strategy is to contact Durham Law Group. Our legal professionals will work to help you hold the negligent driver accountable and recover significant compensation to cover medical expenses, lost income, pain and suffering, and other damages resulting from the crash. Our Atlanta pedestrian accident law firm has years of experience helping injury victims and is dedicated to helping clients when they need it most. Call us for a free consultation to discuss your claim.

Georgia Pedestrian Safety and Traffic Laws

Understanding how state traffic laws apply to crosswalks and intersections is critical when filing a pedestrian accident claim. For example, pedestrians have the right of way at marked crosswalks. Drivers must stop and stay stopped until the pedestrian has safely passed.

Passing Stopped Vehicles

State law prohibits another vehicle from overtaking and passing a vehicle that has stopped in a marked crosswalk or intersection to allow a pedestrian to cross. A particular danger to pedestrians occurs when a vehicle stops to let a pedestrian cross, but another vehicle behind it does not understand why the first vehicle stopped. The driver of this car will whip around the stopped vehicle to pass it and not see the pedestrian until it is too late to avoid hitting the walker. Drivers should think twice before passing a stopped car and consider why it stopped, especially at a crosswalk or intersection.

Sidewalks and Driveways

When emerging from an alley, driveway, or parking structure, drivers must stop completely before the sidewalk and yield to pedestrians. Even without a sidewalk, the driver should still stop before entering the street and watch for pedestrians coming from either direction.

Pedestrian Responsibilities

Pedestrians must obey all traffic laws, including yielding the right of way to cars when crossing the street outside a marked crosswalk or intersection. One exception is if the pedestrian has already safely entered the roadway and sees a car approaching. In that case, the pedestrian can continue crossing, and the driver should yield the right of way.

Contact an Atlanta pedestrian accident lawyer if you have been involved in an accident. Durham Law Group can evaluate your case and help you file a personal injury claim.

Leading Causes of Pedestrian Accidents in Atlanta

Drivers and pedestrians must both stay attentive to avoid a crash, which can easily cause catastrophic injury or death for the pedestrian, even at relatively low speeds. Too often, drivers’ negligence causes serious pedestrian accidents.

Now more than ever, drivers pull their attention from the road to their smartphones for texts or social media updates, or to their dashboard for GPS navigation or infotainment. It only takes a second of distracted driving to cause a pedestrian accident with lifelong consequences, and getting a call, text, email, or status update behind the wheel is no excuse to take your attention off the critical task of driving.

Other common leading causes of Atlanta pedestrian accidents include:

• Ignoring traffic signals: Running or rolling through red lights or failing to stop at stop signs without checking for pedestrians
• Impaired driving: Driving under the influence of drugs or alcohol
• Reckless driving or speeding: Operating a motor vehicle at unsafe speeds, making improper turns, or failing to slow down in residential neighborhoods or school zones

Many pedestrian accidents can be attributed to Atlanta’s high concentration of commercial vehicles, in which the truck driver and the vehicle owner may share liability. In other instances, government entities responsible for poorly maintained traffic signals or hazardous roadway design may also be held accountable. Complex issues like these are where an Atlanta pedestrian accident attorney can make a difference.

Common Atlanta Pedestrian Accident Injuries

Unlike passenger vehicles that provide an extra layer of protection, pedestrians lack even the most basic safety barriers. Even low-impact accidents can result in victims suffering severe injuries that can take weeks or months to heal. In some instances, accident victims suffer significant injuries that result in permanent disabilities, making it challenging for families to care for loved ones.

Frequently reported pedestrian injuries include:

• Broken bones, fractures, or crushed limbs
• Deep lacerations, road rash, or scrapes and bruises
• Internal bleeding and organ damage
• Traumatic brain injuries (TBIs), concussions, or skull fractures
• Spinal cord damage, including partial or total paralysis or herniated discs

If you were involved in a pedestrian accident, seek immediate medical attention. Internal injuries do not always immediately manifest themselves, and failing to seek medical care could have life-threatening consequences. An examination by a healthcare professional creates formal medical records needed to support your side of the story if you choose to file a pedestrian accident claim.

Navigating the Legal Process After an Atlanta Pedestrian Accident

If you were injured in a pedestrian accident, a legal mistake could hurt your claim. Taking action immediately ensures that you can preserve critical evidence and strengthen your Atlanta pedestrian accident case:

• Document the accident scene: If you can, take numerous photos and videos of the vehicle and any damage it may have sustained, along with road conditions, crossing signals, and skid marks
• Gather critical evidence: Obtain the names and contact information of any bystanders who witnessed the accident, witness statements, and the driver’s license and insurance information
• Seek immediate medical attention: Even if you do not think you are injured, it is best to have a medical professional examine you. Be sure to follow all of the doctor’s instructions and keep all medical records that help to substantiate your case
• Obtain official documentation: Request police reports from law enforcement agencies
• Do not post information about the accident on social media: Insurance companies often scour social media platforms to look for inconsistencies in injury victims’ accounts to try and deny or diminish claims
• Consult an attorney before speaking with the insurance adjuster: Insurance companies have legal teams that are dedicated to finding ways to pay less than claims are worth

At Durham Law Group, our experienced legal team understands the complexities of filing claims and is committed to helping you, no matter the circumstances surrounding your case.

Georgia’s Modified Comparative Negligence Rule

All too often, insurance companies try to blame pedestrian accident victims to devalue or deny claims. Under Georgia’s modified comparative negligence statute, you can still recover damages as long as you are less than 50% at fault. Even so, your compensation is reduced by your assigned percentage of fault. For example, if you are awarded $100,000 but are found 25% at fault, you will recover $75,000.

Although insurance companies often try to appear compassionate in advertising, they ultimately prioritize protecting their bottom line. With that in mind, never agree to speak with an insurance adjuster without first consulting a personal injury attorney. Adjusters are trained to save their company money, and anything you say can be used against you to minimize, dispute, or deny your insurance claim.

The most effective approach is to consult an experienced attorney who can act as your legal advocate. Many insurance companies change their approach to claims when they realize injured pedestrians have obtained legal counsel.

Recoverable Damages in Atlanta Pedestrian Accident Claims

Georgia law allows pedestrian accident victims to seek three primary types of recoverable damages: economic damages, non-economic damages, and, in certain circumstances, punitive damages.

Economic Damages

Economic damages are compensation for out-of-pocket expenses you have incurred directly resulting from the collision:

• Past and future medical expenses: ER visits, diagnostic imaging, doctor visits, prescription medications, assistive devices such as crutches or wheelchairs, physical therapy, or rehabilitation
• Lost wages: Income lost from the inability to return to work, including base pay, overtime, bonuses, and PTO
• Loss of future earning capacity: Compensation for a long-term or permanent disability that impairs your ability to continue the type of work you did previously or return to your previous earning level
• Property damage: Repair or replacement costs for personal property damaged by the impact of the collision

Non-Economic Damages

Non-economic damages are meant to compensate you for intangible losses caused by the physical and emotional impact of the collision:

• Pain and suffering: Compensation for physical pain and suffering you have endured from the collision
• Mental anguish and emotional distress: Psychological trauma, including sleep disorders, PTSD, depression, or fear of vehicle traffic
• Loss of enjoyment of life: Inability to participate in activities that you enjoyed before you were injured
• Permanent disfigurement and scarring: Irreversible physical changes caused by the accident, including surgical scars, facial trauma, and extensive road rash burns

Punitive Damages

In limited circumstances, pedestrian accident victims may also seek punitive damages. Even so, in Georgia, punitive damages are not intended to compensate the victim. Instead, if awarded, punitive damages are meant to punish the at-fault party and discourage others from repeating similar behavior.

To pursue compensation, you must prove by “clear and convincing evidence” that the defendant acted with willful or malicious misconduct, fraud, oppression, or reckless disregard for the consequences.

Common examples of when punitive damages may be appropriate include:

• Crashes caused by heavily intoxicated drivers (DUI)
• Street racing
• Intentional hit-and-run accidents
• Extreme reckless driving

While state law generally caps punitive damages at $250,000, there is no statutory cap applied if the driver intended to cause harm or was impaired by alcohol or illegal drugs.

Why You Need an Atlanta Pedestrian Accident Attorney

Building a case that proves a negligent driver’s liability can be especially challenging in pedestrian accident cases, where the injured victim may not be able to describe what happened. At Durham Law Group, our Atlanta pedestrian accident attorneys know how to investigate an accident, gather evidence, hire accident reconstruction experts, and prepare and present a persuasive case that proves a driver’s negligence, liability, and fault. Our experienced legal team is devoted to pursuing maximum compensation and achieving excellent results for our clients through settlement or litigation, as the case requires.

If you or a loved one needs an Atlanta pedestrian accident lawyer, call Durham Law Group at 404-845-3434 for a free consultation with an experienced, dedicated, and successful Atlanta pedestrian accident lawyer.