Pedestrian Injury Attorney in Atlanta, Georgia
Atlanta Pedestrian Injury Attorney Walter Gabriel is well aware that pedestrian injury is among the most dangerous. Like accidents involving motorcyclists, there is little to protect the plaintiff-victim from injury. When a motor vehicle collides with a pedestrian, the pedestrian feels the full force of impact. This can lead to catastrophic or even fatal injuries. According to aggregate data collected and reported on by Louisiana State University, there were 127 pedestrian deaths in 2016 alone (in keeping with the national pedestrian death toll of 6,000 total).
Georgia and Louisiana law provide pedestrians a right of action against the defendant (or multiple defendants, depending on the circumstances). All injury claims have a statutory deadline by which you must file a lawsuit. The general rule is that an injured pedestrian has two years to file a lawsuit in Georgia. And a pedestrian injury claim has only one year before a lawsuit must be filed in Louisiana. Contact the Law Firm of Walter Gabriel, LLC for comprehensive and timely assistance with your dispute.
Many pedestrians mistakenly assume that by walking through a crosswalk, they are “safe” from incoming traffic. In truth, however, municipalities often poorly design and maintain crosswalks. And as such, this exposes the pedestrian to an unreasonable risk of harm. For example, if the municipality has poorly maintained the crosswalk, the “crossing light” might fail to activate. This can trick the pedestrian into crossing during heavy traffic conditions, thinking that incoming motor vehicles will stop due to the light (when in fact the light is defective).
Crosswalks can be hazardous for a number of reasons, including:
Poor visibility upon approach
Insufficient traffic control signals
Failure to consider circumstantial factors (i.e., crosswalks near schools and hospitals must take into account the likely users)
In the event that a crosswalk hazard has contributed to your pedestrian injury, you may bring a pedestrian injury claim against the individual or entity responsible for designing, implementing, or maintaining the crosswalk. For example, if a municipality did not properly maintain a crosswalk, leading to a defective traffic signal that caused you to suffer injuries, then you could ostensibly sue and recover damages for the government’s failure to properly maintain such a crosswalk. Keep in mind, however, that claimants have only 6 months before serving the municipality in Georgia with notice.
Availability of Car Insurance for Pedestrians
If a pedestrian injury occurs because a car strikes a pedestrian, the pedestrian is able to recover for medical bills, pain and suffering, lost wages, future medical bills, loss of enjoyment of life, and other consequential damages sustained from the at-fault driver’s car insurance policy. Furthermore, the pedestrian is able to recover from the pedestrian’s own uninsured motorist policy. This is the case if the driver did not have insurance. And also if the at-fault driver had insufficient insurance coverage to compensate the pedestrian injury victim.
Comparative Fault/ Pure Comparative Fault
Georgia applies the doctrine of comparative fault. Under this doctrine, if the injured person is 50 percent or more responsible for the accident that caused their own injuries, then the person cannot recover monetary damages. Therefore, if a claimant decides to take a pedestrian injury claim to litigation, the claimant must ensure that the pedestrian’s culpability in the incident is far less than that of the motorist.
Louisiana applies the doctrine of pure comparative fault. Under the pure comparative fault doctrine, an injured plaintiff may recover damages even if they are partially liable for their own injuries. In fact, pure comparative fault empowers a plaintiff to recover damages even if they are 99 percent at fault for their own injuries. This makes injury claims less risky to pursue in Louisiana.
The court will evaluate the fault contribution of each party — the court will assign damages in accordance with such fault. How does this work? Suppose that a car hits you while you are crossing the road. Your damages total $50,000. The court determines that you were 20 percent at-fault, as you did not adequately assess traffic conditions before crossing the road. You would recover up to $40,000 (80 percent of the maximum potential damages).
Hit and Run Injuries
If the defendant-driver committed a hit and run, then — as the pedestrian plaintiff — your case will be significantly impacted. For example, in some cases, it may be a challenge to identify the liable driver, as there may not be video, photo, or other evidence of the incident. In pedestrian injury cases under this scenario, it is critical for a claimant’s attorney to be fully aware of uninsured motorist laws that would apply to the injured pedestrian.
If you can determine the identity of the hit-and-run driver, however, you will have an advantage during litigation. The fact that the driver fled the scene is almost certain to damage their legitimacy before a jury. This will create a negative bias against them that is to your benefit overall. Further, if the circumstances indicate that the defendant-driver was particularly wanton or reckless in their disregard for your safety, then the court may award bonus punitive damages.
Contact an Experienced Atlanta Pedestrian Injury Attorney
The Law Firm of Walter Gabriel, LLC is a personal injury litigation firm with experience handling a range of claims — including pedestrian injury lawsuits.
Attorney Gabriel develops a close and collaborative relationship with his clients. This enables him to tailor his advocacy to the particular needs, goals, and limitations of the client. It also helps you to have an informational advantage that can be used to act decisively on your behalf.
Ready to have your claims evaluated by an experienced Atlanta pedestrian injury attorney at the Law Firm of Walter Gabriel? Call or send a message online to schedule a free and confidential consultation today with Atlanta pedestrian injury attorney.
Experienced Atlanta Pedestrian Accident Law Firm
If you have been hit by a car while walking in Atlanta, GA, you may be feeling overwhelmed and uncertain about what to do next. It is important to understand that you have legal rights and options available to you. The Atlanta pedestrian accident lawyers at Walter Gabriel Law can help you navigate the complexities of the legal system and fight for the compensation you deserve.
No one should have to suffer the financial burden of an accident that was not their fault.
If you have been hit by a car while walking, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. The experienced and compassionate team at Walter Gabriel Law will work tirelessly to get you the compensation you need and deserve. Reach out today for a free consultation.
Pedestrian Accident Lawsuit Based on Negligence
If you were hit by a car while walking in Atlanta, you may be able to file a negligence claim against the driver. To succeed in your claim, you will need to prove that the driver was not exercising reasonable care while driving and that this carelessness led to your injuries.
Negligence refers to someone failing to take reasonable care in minimizing the risk of injury to others. You must show that the driver acted negligently by failing to take reasonable care while driving and that this negligence led to your injuries.
If you can prove these elements, you may be able to recover damages for your medical expenses, lost wages, and pain and suffering. If you have been injured in a pedestrian accident, contact an experienced personal injury attorney to discuss your legal options.
Negligence Per Se and Your Atlanta Pedestrian Accident Case
If you were hit by a car while walking in Atlanta, you may be wondering if the driver can be held liable for your injuries. The answer to this question depends on several factors, including whether the driver was breaking any laws at the time of the accident.
In some cases, a driver’s violation of a law (known as “negligence per se”) will be enough to prove that he or she was negligent. For example, if a driver fails to yield at a crosswalk or runs a red light, this would be considered negligence per se. This simply means that the law presumes the driver to be negligent without any further evidence.
However, note that the law that was violated must be one that was designed to protect pedestrians. So, for example, if the driver had an outstanding warrant for unpaid parking tickets at the time of the accident, this could not be used as a basis for finding him or her negligent per se.
If you have been injured in a pedestrian accident, contact an experienced personal injury attorney to discuss your case. An attorney can help you determine whether the driver in your case can be held liable for your injuries.
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Proving Causation Is an Essential Component of Your Injury Claim
If you’ve been injured in a pedestrian accident, it’s important to remember that simply proving that the driver was negligent is not enough. You must also be able to show that the driver’s behavior caused your injury.
For example, let’s say you slipped on a patch of ice and hurt yourself while crossing the street. If a driver ran a red light at the same time, the driver’s negligence couldn’t be said to have caused your injury.
That’s why an experienced Atlanta pedestrian accident attorney will always thoroughly investigate the circumstances of your accident. If you were hit by a car, do everything you can to gather evidence that proves the driver’s actions led to your injuries.
Don’t try to tackle this complex legal issue on your own. Contact the office today for a free consultation. Attorney Gabriel will review your case and help you understand your best options for moving forward.
What Happens If I’m Partly Responsible for My Atlanta Pedestrian Accident?
If you’re involved in a pedestrian accident in Atlanta, Georgia, it’s important to understand the state’s laws on fault and negligence. In some cases, both the driver and the pedestrian may share fault for an accident. An example would be if a driver was texting while driving and a pedestrian crossing an intersection at a red light.
Note that in Georgia, the pedestrian could still be successful in a lawsuit against the driver. A plaintiff may recover so long as he or she was not more than 50% at fault. Bear in mind that allocating fault in a negligence case is not always clear-cut. In many cases, it can be used as a defense tactic by the driver’s attorney to try to limit your damages.
If you have been involved in a pedestrian accident, it’s important to seek legal counsel as soon as possible. An experienced personal injury lawyer can help you navigate the complexities of Georgia’s fault laws and ensure that you receive the compensation you deserve.
What Damages Can I Get After a Pedestrian Accident in Georgia Near You?
There are a few different types of damages that you may be entitled to in a pedestrian accident lawsuit in Georgia. The first type is known as compensatory damages, which are designed to reimburse you for your losses. This can include things like medical bills, lost wages, and property damage.
The second type is known as punitive damages, which are designed to punish the at-fault party and deter similar behavior in the future. These are typically only awarded in cases where the at-fault party acted with gross negligence or recklessness. If you have been injured in a pedestrian accident, you should contact a personal injury lawyer to discuss your legal options.
Economic damages are objective monetary amounts that include medical expenses, such as:
Economic damages also include amounts for destroyed property, and lost income during periods where you were unable to work due to the injury. These damages can be difficult to calculate but are essential to receive full compensation for your injuries.
You may also be entitled to certain non-economic damages. These amounts would be for pain and suffering that were caused by the accident. Calculating these awards is much more subjective and looks at factors such as the distress caused by the injury and loss of enjoyment of life. If you have suffered physical or emotional injuries because of someone else’s negligence, you may be able to recover these types of damages. Speak to a personal injury lawyer to learn more about your legal options.
Damages Available After a Fatal Pedestrian Accident
No amount of money could ever truly compensate someone for the loss of a loved one. However, after a fatal pedestrian accident, certain family members may be able to bring a wrongful death action against the driver. This could allow them to recover damages for things like lost wages and benefits, loss of care and companionship, medical expenses, and funeral/burial costs. While nothing could ever replace a lost loved one, this type of action may help put the family on a better financial footing after such a tragedy.
What Should I Do if I Am Hit by a Car While Walking in Atlanta?
If you are hit by a car while walking in Atlanta, the first thing you should do is seek medical attention, even if you don’t think you are seriously injured. It is important to have a thorough evaluation by a medical professional to document your injuries and begin the process of recovery.
Once you have received medical treatment, you should contact an experienced Atlanta pedestrian accident lawyer. The team at Walter Gabriel Law has extensive experience handling these types of cases and will fight to get you the compensation you deserve.
What Are the Most Common Causes of Pedestrian Accidents?
Many factors can contribute to a pedestrian being hit by a car. Some of the most common causes of pedestrian accidents include:
Failing to yield the right of way
Running red lights or stop signs
Driving under the influence of drugs or alcohol
If you have been hit by a car while walking, it is important to contact an experienced Atlanta pedestrian accident lawyer to investigate the cause of the accident and hold the responsible party accountable.
What Are the Most Common Injuries in Pedestrian Accidents?
Pedestrian accidents can result in a wide range of injuries, from minor cuts and bruises to life-threatening or even fatal injuries.
Some of the most common injuries in pedestrian accidents include:
Neck and back injuries
Spinal cord injuries
If you have been seriously injured in a pedestrian accident, it is important to contact an experienced Atlanta personal injury lawyer as soon as possible. The team at Walter Gabriel Law will fight to get you the compensation you need and deserve to cover your medical bills, lost wages, and pain and suffering.
What Are the Most Common Types of Pedestrian Accidents?
The most common type of pedestrian accident is when a car hits a pedestrian who is crossing the street. This can happen at an intersection with a crosswalk or in a marked crosswalk. It can also happen when a pedestrian is walking on the side of the road and a car swerves into them.
Other common types of pedestrian accidents include:
Being hit by a car while walking in a parking lot
Being hit by a car that is backing up
Being hit by a bicyclist
If you have been involved in any type of pedestrian accident, it is important to contact an experienced Atlanta personal injury lawyer. The team at Walter Gabriel Law will investigate the cause of the accident and hold the responsible party accountable.
How Much Does It Cost to Hire an Atlanta Pedestrian Accident Lawyer?
The experienced team at Walter Gabriel Law works on a contingency fee basis, which means you will not owe anything unless you win your case. He understands the financial burden that an accident can have on a family, and we will work tirelessly to get you the compensation you need and deserve.
Pedestrian Accidents in Georgia Statistics
The number of traffic-related deaths in Georgia has been declining in recent years. However, the number of pedestrian fatalities has been increasing during this same period.
The number of pedestrians killed in traffic accidents has increased by 60% over the past five years. This trend is consistent with what is happening across the United States, where the number of pedestrian fatalities has increased by 35% since 2008.
While all other types of traffic-related deaths are decreasing, the number of pedestrians being killed in accidents continues to rise. This is a serious problem that needs to be addressed to keep people safe on our roads.
If you are a pedestrian, there are some things you can do to help keep yourself safe. Make sure to always cross at designated crosswalks and obey traffic signals. Be aware of your surroundings and don’t assume that drivers will see you. And, when possible, walk with a friend or in a group.
By taking some simple precautions, Attorney Gabriel can all help reduce the number of pedestrian accidents and fatalities in Georgia.
Georgia State Law for Pedestrians
As a pedestrian in Georgia, it is important to understand and follow state law to stay safe.
Crossing the street at a traffic signalized intersection must be done by the signal instructions. This means waiting for the WALK signal before proceeding through a marked crosswalk. Pedestrians are not allowed to cross the street diagonally unless specifically authorized.
When crossing in front of a moving vehicle, it is important to give the driver sufficient space to yield. This means not leaving the curb or other point of safety directly in front of a moving car.
By understanding and following these state laws, pedestrians can help keep themselves safe when using Georgia roads.
Jaywalking Is Legal in Georgia
Jaywalking is not illegal in Georgia. However, both drivers and pedestrians are required to be careful in sharing the road. This means that pedestrians must yield, and drivers should anticipate potential pedestrians.
However, there are still some risks associated with jaywalking. For example, if a driver hits a pedestrian who is jaywalking, the driver may not be held liable. This is because jaywalking is not an illegal activity. Therefore, both drivers and pedestrians need to use caution when on the road.
Contact an Experienced Atlanta Pedestrian Accident Lawyer Today
If you or a loved one has been involved in a pedestrian accident, it is important to contact an experienced personal injury lawyer. The team at Walter Gabriel Law has extensive experience handling these types of cases and will fight to get you the compensation you deserve. Reach out today for a free consultation.