Pedestrian Accident Lawyer Marietta, GA
Pedestrian accidents can cause injuries that require extensive medical care and can prevent you from being able to work, which means missing out on income. Our Marietta, GA pedestrian accident lawyer can help you by doing the following: handling your case from start to finish, ensuring the insurance company takes you seriously, and negotiating with them on your behalf until they’re willing to settle fairly, so you don’t have to take out loans or put your life on hold while you’re unable to work as a result of your injuries. Here are some steps your lawyer will take during this process after you contact one at Johnson & Alday, LLC.
Table Of Contents
- Pedestrian Safety Tips
- Pedestrian Accident Infographic
- Types of Compensation Available For Pedestrian Accidents
- 5 Reasons You Need a Pedestrian Accident Lawyer
- Pedestrian Accident FAQs
- Georgia Pedestrian Accident Lawsuits
- Johnson & Alday, LLC – Marietta Pedestrian Accident Law Firm
Initial Consultation
If you or a loved one have been involved in a pedestrian accident, the first step is to consult with an experienced pedestrian accident lawyer. An attorney will review the facts of your case and advise you on the best course of action. The consultation will include asking questions about what happened before, during, and after the incident as well as gathering details such as where it occurred, who was there at the time, what witnesses saw or heard, etc.
Collect Evidence
After you’ve been injured in a pedestrian accident, you may be wondering what to do next. One of the most important things you can do is to hire an experienced pedestrian accident lawyer. Your attorney will work with you to collect evidence and build a strong case to help you get the compensation you deserve. There are two main types of evidence that your attorney will look for: physical and testimonial. Physical evidence includes pictures, photographs, medical records, receipts, witness statements, reports from investigators or law enforcement officers – anything that can prove how the incident occurred or identify who was responsible for your injuries. Testimonial evidence includes witness testimony that either confirms your story or sheds light on what happened during the incident.
File Paperwork
If you or a loved one have been involved in a pedestrian accident, it is important to know that you have the right to seek legal counsel. A pedestrian accident lawyer will be able to help you file all the necessary paperwork and represent you in court. The attorney will also work with the insurance company to make sure you receive the full compensation you are entitled to. If the case goes to trial, the pedestrian accident lawyer will be there to present your case and help you win.
Represent Your Case
If you have been hit by a car while walking, you may be feeling a range of emotions: anger, betrayal, fear, and confusion. You may also be worried about your future and how this accident will impact your life. An experienced Marietta pedestrian accident lawyer can help you get the compensation you deserve and protect your rights. Here’s how to know if you need an attorney to represent your case:
- If you were injured in the crash, talk to a personal injury attorney as soon as possible to learn more about what they can do for you.
- If someone else was at fault for the crash and has insurance coverage, talk to an attorney to make sure that their insurance company is treating them fairly.
- If there is no evidence that anyone was at fault for the crash but there is evidence that something could have prevented it (such as lighting or signage), then talk to an attorney about making sure that safety standards are enforced so that others don’t experience similar harm in the future.
Pedestrian Safety Tips
Walking is an eco-friendly and healthy way to get to different places. However, as a pedestrian accident lawyer Marietta, GA residents trust can confirm, without the proper precautions, pedestrians are in danger of getting hit by vehicles and suffering serious injuries, such as broken bones, head injuries and spinal cord injuries. If you often walk as a mode of transportation, it is important to follow certain safety tips.
- Walk on the sidewalks. Sidewalks were created for a reason, so you should use them as a pedestrian. Doing so can put you out of the traffic’s way. If there is no sidewalk to walk on, you should walk facing traffic and remain as far away from the road as you can.
- Wear bright clothes. Sometimes motorists don’t notice pedestrians. That is why it is important to wear bright clothes, especially if you plan on walking at night. Bright colors, like orange, yellow and white, can make you more visible to motorists. You may also consider wearing a reflector vest if you walk at night.
- Know when to cross. As a pedestrian, it is always best to cross the street at a crosswalk, as it can provide more protections, like flashing lights. However, if there is no marked crosswalk, you should at least cross at an intersection. As a Marietta pedestrian accident lawyer can attest, crossing in the middle of the street is riskier.
- Be aware of your surroundings. It is critical for pedestrians to be aware of their surroundings at all times, whether they are crossing the street or walking in a parking lot. If they remain attentive, they will be less likely to be hit by a vehicle.
- Do not give into distractions. Just like motorists, pedestrians should avoid distractions. If you text on your smartphone or listen to music while you cross the street, for example, you have a bigger risk of getting hit. The fewer distractions you have, the less likely you are to get into an accident.
- Avoid alcohol and drugs. Consuming alcohol or doing drugs can be just as dangerous for pedestrians as it is for motorists. If you are under the influence of alcohol or drugs, it can lower your judgment and reaction time. You may be more likely to take chances crossing the street that you would not otherwise take if you were not on alcohol or drugs.
- May eye contact with motorists. As mentioned above, motorists may not always be looking out for pedestrians. As such, it is wise to always make eye contact with motorists before attempting to cross the street. If they see you, they will be less likely to hit you.
- Obey traffic laws. If you obey all the traffic laws, you will be less likely to get into an accident with a vehicle. For example, do not cross the street at a red light, even if you do not see any vehicles approaching.
Pedestrian Accident Infographic
Types of Compensation Available For Pedestrian Accidents
Following a pedestrian accident, you might be entitled to three primary types of compensation:
Economic Damages
Economic damages refer to expenses that carry a more objective dollar amount. While sometimes estimation and subjective factors can play a role, typically, you and your attorney can precisely calculate these damages. Some examples are:
Medical Expenses
You may have extensive medical expenses after a pedestrian accident. A settlement or court award may help with the following:
- Hospital stays (including visits to the ER)
- Surgeries
- Prescriptions
- Rehabilitation, including physical therapy
- Medical equipment
- Adjustments to your home or apartment due to medical needs, like installing a ramp for a wheelchair
Job-related Expenses
Besides medical needs, you’ll have plenty of other needs, like paying rent and buying groceries. Most people work to pay for these needs, but an injury can leave you unable to. You may receive compensation that makes up for at least part of your lost wages. You can also receive compensation for job rehabilitation or long-term disability benefits.
Wrongful Death
Unfortunately, sometimes an accident will claim a victim’s life, either the moment it happens or later on. Your loved ones can receive wrongful death-related compensation, including:
- Medical expenses: Many pedestrians don’t die the moment they get hit by a vehicle. Instead, they may die later on in the hospital. Additionally, they can die weeks or even months later while doctors try to save them. During this time, their family can face huge medical bills.
- Funeral expenses: While funerals provide closure for families, they often aren’t cheap. Many expenses include buying a coffin, and a tombstone, renting a place to hold the funeral, providing food, etc. These costs quickly add up.
- Death benefits: Sometimes, a victim might be the family’s primary or only “breadwinner”. Them being gone can leave a huge financial hole in their family’s life. However, their family can receive death benefits and even extra compensation from the other party to compensate for this financial burden.
2. Non-Economic Damages
Non-economic damages refer to “damages” that can’t easily be calculated. While factors like medical bills and lost wages typically have an exact dollar figure, the same can’t be said for issues like:
- Pain and suffering
- Emotional distress, including the development of PTSD
- Overall reduced quality of life
- Inability to maintain relationships
- Loss of or reduced sexual interest
- Temporary or permanent disfigurements
- Reduced earning power
- Blow to one’s reputation
While this isn’t an exact dollar figure, an attorney can use similar cases to help determine the amount of compensation you should receive.
3. Punitive Damages
By design, economic and non-economic is meant to make a victim feel “whole and complete.” Punitive damages, however, are used to punish the other party. Sometimes, punitive damages may even deter similar parties’ actions. Usually, these damages are awarded when the other party engages in egregious or malicious negligence. While punitive damages are far rarer, they do sometimes get awarded to a victim, and a Marietta, GA pedestrian accident lawyer can determine if you qualify for them.
Marietta Pedestrian Accident Statistics
According to the National Safety Council, almost 9,000 pedestrians die in pedestrian non-traffic incidents each year. The majority of them – approximately 8,000 – are killed on public roads. However, almost 1,000 pedestrians are killed in driveways, parking lots, and other private property. Another 60,000 pedestrians suffer serious injuries after being struck by vehicles.
If you or a loved one have been injured in a pedestrian accident, contact a skilled pedestrian accident lawyer to ensure you get the compensation you deserve.
5 Reasons You Need a Pedestrian Accident Lawyer
There are many reasons why hiring a pedestrian accident attorney is important. Here are five of them:
You need someone who understands the law.
Pedestrian accidents can involve complex cases that require detailed knowledge of Georgia’s laws and regulations. A pedestrian accident lawyer in Marietta, GA will have this knowledge and use it to your benefit. They can help you determine if the driver was at fault for the accident and how much compensation you might receive if they were found guilty.
Your case may require additional investigation.
The police report may not be enough information to determine who was at fault in your accident. If this is true, your attorney will likely need to hire an investigator to find additional evidence to support your case against the responsible party(s). An experienced Marietta pedestrian accident lawyer knows what information needs to be collected and will seek experts who can provide this data if necessary.
The attorney will also be able to tell you if it’s worth your while to hire an investigator in your case. If the police report is enough information to move forward, then they may not need one. However, if there are questions about who was at fault or what happened leading up to the accident, an investigator can provide answers.
You need someone with experience representing clients who have been injured in accidents like yours.
A Marietta personal injury attorney with experience handling pedestrian accidents knows how insurance companies operate when dealing with clients who have been injured in these types of accidents.
The insurance company will try to convince you that you are not at fault and that you should not receive compensation for your injuries. They may even attempt to get more money out of you by offering a settlement that is less than what they believe they could win in court.
A personal injury attorney in Marietta with experience handling pedestrian accidents knows how insurance companies operate when dealing with clients who have been injured in these types of accidents.
An attorney can help make sure that all of your claims are properly documented
The scene of an accident can be complicated and confusing — especially if there are multiple vehicles involved and multiple people have been injured or killed in the crash. This makes it difficult for law enforcement officers to gather all necessary evidence while they’re on-scene and conducting their investigation. A pedestrian accident lawyer can help ensure that all evidence is properly collected by police officers right away so that nothing is missed. The most important evidence to preserve is any video footage that may have been captured by a surveillance camera or by one of the vehicles involved in the accident.
You’ll be able to focus on recovering from your injuries without having to worry about legal issues
The financial burden of dealing with medical expenses is often overwhelming for victims of car accidents. After all, who wants to think about paying bills when they’re trying to recover? Hiring an attorney can help ensure that you can focus on getting better and getting back on track — instead of having to deal with insurance companies or other legal issues related to your accident. Contact a pedestrian accident lawyer from Johnson & Alday, LLC, to get started today.
Pedestrian Accident FAQs
Can you provide details about the accident, such as the location, date, and time it occurred, and any witnesses present?
As a Marietta, GA pedestrian accident lawyer can tell you, providing accurate information is essential to build a valid case. The specific location, date, and time help establish liability and provide essential context for evaluating the circumstances surrounding the incident. It allows us to reconstruct the events accurately and determine if any traffic laws were violated. Additionally, identifying any witnesses present and obtaining their contact information is essential. Witnesses can provide valuable testimonies that significantly support your claim. Their accounts can corroborate your version of events, strengthen your case, and provide additional evidence to establish the negligence of the responsible party. Therefore, please provide as much information as possible about the accident, including any witness statements or contact details, so that we can thoroughly investigate the case and present a robust argument on your behalf; contact Johnson & Alday, LLC today for help.
Did you seek immediate medical attention following the pedestrian accident, and have you received ongoing medical treatment?
Seeking prompt medical attention after the accident is not only essential for your well-being but also crucial for documenting your injuries. Immediate medical care establishes a direct link between the accident and your injuries, providing substantial evidence to support your claim. It is important to have a comprehensive medical record that accurately reflects the extent of your injuries, the necessary medical treatments received, and any ongoing medical care required. These records strengthen your case by demonstrating the severity of your injuries and the associated costs you have incurred as a result. Be sure to keep track of all of your complete medical records, including bills, treatment records and other receipts to include in your claim.
Were there any traffic signals or signs at the accident scene, and were they working correctly?
Determining the presence and functionality of traffic control devices at the accident scene is vital in evaluating liability. Accurate information about the presence and proper functioning of traffic signals or signs helps establish the responsibility of the involved parties. If there were traffic signals or signs at the scene, it is crucial to determine if they were working correctly at the time of the accident. Malfunctioning or disregarded signals or signs can be strong indicators of negligence or fault on the part of the driver or other involved parties. Gathering evidence such as photographs or videos of the accident scene, eyewitness testimonies, or any available surveillance footage can help establish the condition and functionality of traffic control devices. You need to be able to preserve this type of evidence so that you can develop a stronger case.
Did the driver or any other party involved in the accident admit fault or make any statements at the scene?
As our Marietta pedestrian accident lawyer can explain to you, having witness statements as part of your evidence is highly beneficial. Admissions of fault or negligence by the driver or any involved party provide powerful evidence to support your claim. It is important to document and preserve any statements made by the driver, witnesses, or law enforcement officers present at the scene. Their statements can serve as crucial evidence in establishing the responsible party’s liability and holding them accountable for their actions. Your lawyer will thoroughly evaluate these statements and use them strategically in building your case. Additionally, if any witnesses made observations or statements regarding the incident, obtaining their contact information is vital for further investigation and potential testimonies during the legal proceedings.
Do you have any evidence to support your claim, such as photographs, surveillance footage, or medical records?
Gathering and presenting compelling evidence is vital in proving negligence and building a strong pedestrian accident case. Photographs capturing the accident scene, vehicle damage, injuries, or any other relevant visual evidence serve as powerful documentation supporting your version of events. Medical records that accurately detail the extent of your injuries, the treatments received, and the impact on your daily life strengthen your case. Additionally, expert opinions from medical professionals or accident reconstruction specialists can lend credibility to your claim. It is crucial to provide your attorney with any available evidence related to the accident, including photographs, videos, medical records, accident reports, or witness testimonies. Strong evidence that you can show a Marietta pedestrian accident lawyer like one from Johnson & Alday, LLC is critical, but if you need further legal assistance contact one right away.
Georgia Pedestrian Accident Lawsuits
Our Marietta, GA pedestrian accident lawyer knows that these types of accidents can result in severe injuries and complex legal issues. When it comes to pursuing a pedestrian accident lawsuit in Georgia, a comprehensive understanding of the specific laws and regulations is crucial. The following article will provide insights into the legal aspects you need to know when seeking compensation for injuries sustained in a pedestrian accident in the Peach State. For more detailed information, contact Johnson & Alday, LLC.
The Duty Of Care In Georgia
Georgia law imposes a duty of care on drivers and pedestrians to prevent accidents. Drivers must exercise ordinary care to avoid injuring pedestrians, while pedestrians must use reasonable care for their safety. Failure to adhere to these duties can result in liability in a pedestrian accident case.
Right-of-Way Laws
Pedestrian accident lawsuits often hinge on the right-of-way laws in Georgia. Pedestrians generally have the right of way in a marked or unmarked crosswalk at an intersection. Drivers must yield to pedestrians in these situations. However, pedestrians also have responsibilities, and they must not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard.
Crosswalks And Signals
Using marked crosswalks or obeying pedestrian traffic signals is encouraged in Georgia. Pedestrians should always use crosswalks when available. Without marked crosswalks or signals, pedestrians should cross the road at a right angle to the curb. Jaywalking, or crossing the street outside of a designated crosswalk, can impact the outcome of a pedestrian accident claim, as comparative negligence laws may come into play.
Sidewalk Use
Pedestrians in Georgia are encouraged to use sidewalks when available. If there is no sidewalk, pedestrians should walk on the left side of the road, facing traffic. This allows pedestrians to see oncoming vehicles and react if necessary.
Pedestrian Signals
Georgia law specifies pedestrian signals at crosswalks. Pedestrians facing a “walk” signal may proceed across the roadway in the direction of the signal. When the “don’t walk” or upraised hand signal is displayed, pedestrians may not start to cross the road.
Right Turns On Red
Georgia law permits drivers to turn right on red lights after coming to a complete stop and ensuring the way is clear. However, drivers must yield to pedestrians in the crosswalk and give them the right of way.
Compensation For Injured Pedestrians
In pedestrian accidents in Georgia, injured pedestrians have the right to seek compensation for their injuries. Typically, this involves filing a personal injury claim against the at-fault driver’s insurance company. The damages that may be recoverable in a pedestrian accident lawsuit include medical expenses, lost wages, pain and suffering, and more.
Comparative Negligence In Georgia
Georgia follows the principle of comparative negligence when determining liability and compensation in pedestrian accident lawsuits. If the injured pedestrian is found partially at fault for the accident, their compensation may be reduced by the percentage of fault attributed to them. For example, if the pedestrian is deemed 25% at fault, their compensation will be reduced by 25%.
Johnson & Alday, LLC – Marietta Pedestrian Accident Law Firm
219 Roswell St NE
Marietta, GA 30060
Seeking Legal Representation
Understanding the nuances of pedestrian accident laws in Georgia is essential for protecting your rights if you’ve been injured in such an accident. To navigate these complexities successfully, seeking legal representation from an experienced Marietta pedestrian accident attorney is crucial.
At Johnson & Alday, LLC, each Marietta pedestrian accident lawyer has an in-depth understanding of Georgia’s pedestrian accident laws. We are committed to advocating for the rights of injured pedestrians and ensuring they receive the compensation they deserve. If you’ve been injured in a pedestrian accident, please don’t hesitate to contact us for a free consultation. We are here to provide you with the support and legal guidance you need during this challenging time.