When walking down a road or simply crossing the street, you expect that the other motorists are watching out for you. Unfortunately, some drivers fail to notice pedestrians on the road. The result can be a catastrophic accident, often with serious injuries or even fatalities. If you or a loved one was hit by a negligent driver, you may be eligible for full compensation.
At Humphrey & Ballard Law, our Riverdale pedestrian accident lawyers have helped countless victims pursue compensation for the damages and injuries they suffered. We fight for the rights of accident victims in Riverdale, GA., and other locations all over Georgia. We have the resources and skills to handle your case from start to finish.
When you contact us, we will move quickly to investigate the crash, collect evidence, and file your claim. We want to take the pressure off you by handling the legal legwork, negotiations, and paperwork on your behalf so that you can focus on making a full recovery.
Talk to us today at 404-341-0499 to schedule a free consultation with a Riverdale car accident lawyer at Humphrey & Ballard Law.
Main Causes of Pedestrian Accidents
A pedestrian is often defined as a person walking along the road or a developed location, such as a neighborhood. The following are some of the main causes of pedestrian accidents that we have come across from our experience:
Failure to Yield Right of Way
This occurs when a motorist or pedestrian does a traffic violation by proceeding without first giving precedence to the other party. An example is when a motorist doesn’t yield to a pedestrian in a crosswalk.
Speeding
This is not only a traffic law violation but also considered reckless driving. Any pedestrian that is hit by a speeding vehicle can suffer serious injuries as a result of the force of impact.
Driving Under the Influence
When a driver is operating their vehicle while intoxicated, either by alcohol or using other drugs, their reaction time and overall driving skills become impaired. They can easily miss seeing a pedestrian, especially at night or in poor weather.
Poor Lighting
Inadequate lighting makes it difficult for other motorists to spot pedestrians on the road until it’s too late. For instance, intersections without proper lighting will make it hard for motorists to see pedestrians.
Distracted Driving
When a driver is talking on their phone, eating and drinking, texting, or engaging in any other activity that distracts them from the road, they can easily fail to spot an unsuspecting pedestrian on the road and cause an accident in split seconds.
What Should I Do After a Pedestrian Accident?
Being the victim of a pedestrian accident is frightening and overwhelming. Taking the right step is critical for your health and also for your legal claim.
Seek Medical Help Immediately
You should always seek medical attention if you suffer any injuries in an accident. Even if you don’t think the injury is serious, it’s always wise to have it assessed by a doctor. Some injuries won’t produce any symptoms until several days after the accident; seeing a doctor right away will help you protect your health and avoid having the insurance companies claim that you weren’t as injured as you claim.
Document Your Injuries
If possible, take photos or videos of the scene of the accident, the injuries you sustained, any damage to the vehicle that hit you, and anything else that you think will be relevant to your case. If unable to, ask someone at the scene to take the photos for you.
Call the Police
It’s likely that before you do, onlookers will have already called the police. But if they haven’t, do it yourself or ask someone to call them. Keep in mind that you will need the police to file an official report on the accident and calling them will also notify emergency services too.
Don’t Discuss Fault
No matter what you think the cause of the accident was, you most likely don’t know exactly how the law applies to your case, and being in shock certainly doesn’t help. Remember that anything you say on the scene or to the insurance company can and may be used against you afterward. You should only discuss your version of the accident with your lawyer.
Contact Your Insurance Company
If you currently have car insurance, you should contact the company as soon as possible after the accident. Even if you were technically involved in a pedestrian accident, most car insurance policies will cover these kinds of accidents.
Seek Professional Legal Assistance
The driver’s insurance company will likely try placing the fault on you and deny your claim. In case they make a settlement offer, it will most likely be undervalued, and fail to account for your damages in full. Hiring a pedestrian accident lawyer will ensure that your rights are protected and that you receive full compensation for the damages you suffered.
How Do You Determine Liability or Fault in a Pedestrian Accident in Georgia?
To hold the other driver liable for the damages you suffered, Georgia laws require that you prove each of the following elements:
Duty of Care
Whenever a motorist is on the road, they have a duty to operate their vehicle in a reasonably safe manner. Drivers must use a similar level of care as another reasonable driver would in the same circumstance.
Breach of Duty
To hold someone liable for your injuries, you must demonstrate that they breached their duty of care. In this case, this means that they were operating their vehicle in a way that’s not consistent with what a reasonable driver would under similar general circumstances.
Causation
The breach of the duty of care must have been the direct cause of the accident and hence the injuries. It must be the legal and the actual cause of the accident. An example is a pedestrian getting injured by being hit by a motorist who ran a red light.
Damages
The breach of duty and the resulting accident must have resulted in actual (not speculative) injuries, losses, and other damages. The at-fault driver will not be held liable for any speculative losses or injuries that might happen sometime in the future.
How Will a Pedestrian Accident Attorney Help Me with My Claim?
A pedestrian accident attorney protects your rights and interests. Here are ways that our team at Humphrey & Ballard Law can help with your case.
Case Preparation
Filing a claim will require that you prepare, file, and submit certain paperwork, and you might not be in a position to or know about all the necessary ones. Your lawyer will have handled many cases similar to yours and will have a good idea of what kind of paperwork is necessary, how it should be filed, where to send it, and what deadlines to meet.
Settlement Negotiation
As mentioned earlier, insurance companies will rarely offer a fair compensation amount initially. But with a lawyer by your side, they can negotiate with these companies on your behalf to make sure that they offer fair compensation. If the negotiations don’t yield, the case will proceed to trial.
Trial Preparation & Representation
At Humphrey & Ballard Law, our team of pedestrian accident lawyers is always ready to take cases through trial. Our team is experienced in handling court trials, and we can argue the case aggressively in your favor to convince the judge or jury that you deserve the full compensation amount.
What Is the Deadline for Bringing a Pedestrian Injury Claim in Georgia?
The deadline for filing pedestrian accidents is covered under the statute of limitations for personal injury cases. It states that you are allowed two years from the date of the accident to file a claim. While there are some exceptions, it’s important to get in touch with a lawyer to understand how the statute of limitations applies to your case.
How Much Will a Pedestrian Accident Lawyer Cost?
Our pedestrian accident lawyers in Georgia offer their services on what’s referred to as a contingency fee basis. What this means is that you don’t have to pay them any fees upfront to access our legal services. You only need to pay us when we win the case; if we lose the case, we don’t get paid.
This fee arrangement works well for most clients as they can be sure that their lawyers have their best interests at heart, and that they will be working hard to ensure they get the maximum compensation possible.
Talk to a Riverdale Pedestrian Accident Lawyer Today!
If you or a loved one was injured as a pedestrian, you don’t have to deal with it alone. Talk to the Riverdale pedestrian accident lawyers at Humphrey & Ballard Law today. We have decades of experience representing clients like you, and we are very familiar with pedestrian accident cases and how Georgia courts work.
We take pride in helping our clients get top-tier medical care from providers who can document our client’s injuries. So, if you or a loved one was hurt in a pedestrian accident, let us help you as soon as possible.
You can contact us at 404-341-0499 any time of the day to schedule your free case review with one of our lawyers. You can also submit the form below to get started on your free case review.
