Every year countless pedestrians are struck by motor vehicles resulting in serious injuries and death. According to the CDC, in 2017 alone an estimated 137,000 pedestrians were treated in emergency rooms for non-fatal crash-related injuries. Another 5,977 pedestrians were killed. This amounts to one pedestrian death every 88 minutes. For those that suffer significant injuries, recovering can involve long-term medical treatment, missing work, and severe emotional trauma.
At Ahmad Injury Law, we understand how serious pedestrian auto accidents are and how difficult the recovery process can be. Our attorneys work tirelessly on behalf of our clients to help them receive the compensation that they deserve. Whether that means aggressively pursuing a settlement with the ridesharing company and their insurance company or pursuing your claim all the way to trial, we have the expertise and resources to maximize your claim. Contact Ahmad Injury Law today for a FREE consultation.
Common Causes of Pedestrian Accidents in Georgia and Pedestrian Safety Tips
Many factors contribute to pedestrian accidents in Georgia. Some common causes of pedestrian accidents include:
- Speeding
- Failing to come to a complete stop or stop at an intersection
- Poor visibility
- Dense and busy roadways
- Distracted driving
- Failing to slow down at a crosswalk
- Poor road design
- Jaywalking
- Backing up without checking the surrounding area for pedestrians
Get Your Free Case Consultation
No upfront costs to you or your family. We recover maximum compensation for our clients.
To avoid being injured in a pedestrian accident, the CDC recommends the following safety tips:
- Cross streets at designated crosswalks or intersections when possible.
- Stay on the sidewalk or path instead of the road when possible. If there is no sidewalk, walk on the shoulder and facing the direction of traffic.
- Increase visibility at night by carrying a flashlight and/or wearing reflective clothing.
- Avoid using devices that can distract you such as your phone or earbuds.
Common Georgia Pedestrian Accident Injuries
Pedestrian accidents often result in serious injuries and death due to the force of the oncoming vehicle and the pedestrian’s lack of protection. Some common pedestrian auto accident injuries include:
- Soft tissue injuries such as abrasions, cuts, and bruising
- Lacerations requiring stitches and resulting in permanent scarring
- Broken bones that may require many months to heal or even surgery to repair
- Spinal cord injuries that can result in disfigurement, paralysis, or death
- Traumatic brain injuries that can lead to permanent disabilities, neurological damage, or death
Pedestrian accident injuries often require extensive medical treatment. Victims may require surgery and extensive rehabilitation. Some victims will never return to the same pre-accident physical or emotional condition. In these cases, it is important that your rights are protected and that you receive the compensation that you deserve. Consult with an experienced Atlanta pedestrian accident lawyer to discuss your options.
Determining Fault in a Georgia Pedestrian Auto Accident Case
It is a common misconception that pedestrians always have the right of way and that drivers will always be held liable. Drivers are typically required to yield to pedestrians. But the negligent actions of pedestrians can also result in car accidents. And if the pedestrian is more than 50% at-fault for the accident, he or she will not be entitled to compensation.
This concept is known as a modified comparative negligence standard. With ordinary comparative negligence the pedestrian’s damage award is reduced based on the percentage that he or she is found to be at-fault for the car accident. Georgia’s standard has an important exception that is found in Official Code of Georgia Annotated Title 51, Chapter 11, Section 7. With modified comparative negligence, someone that is injured in a car accident will not recover any damages if she is more than 50% at-fault for the accident.
For example, suppose you are struck by a car while crossing a street in Atlanta. You suffer significant injuries and sue the driver arguing that he was negligent since he failed to yield the right of way. The jury agrees with you and calculates your damages at $150,000. But the jury also finds that you were 25% at-fault for the accident. Your award will be reduced by $37,500 (25% of $150,000) leaving you with $112,500. Suppose, however, that the jury found that you were 60% at-fault for the accident. Here, you would not be entitled to any compensation.
Determining fault in Georgia pedestrian accident cases can be complex. An experienced Atlanta pedestrian accident lawyer can help you navigate the process and collect the compensation that you deserve.
Recovering Damages in Georgia Pedestrian Accident Cases
If you are injured in a pedestrian accident in Georgia, you have the option of filing a claim with the driver’s insurance company or filing a lawsuit. If you file a lawsuit, your lawsuit must be filed within 2 years from the date of the accident to receive compensation for your injuries. This deadline is known as the Georgia statute of limitations. If you fail to file your lawsuit by the deadline you will likely forfeit the right to recover damages for your injuries.
Get Your Free Case Consultation
No upfront costs to you or your family. We recover maximum compensation for our clients.
While punitive damages are allowed in Georgia, they are rarely awarded and are typically reserved to cases involving significant wrongdoing by the driver. In most cases, pedestrian accident victims’ compensation will consist of economic and non-economic damages.
Economic Damages
Economic damages are those that are objective and documentable. You can easily prove them with receipts and copies of bills. Some examples of economic damages include:
- Medical Expenses. Medical expenses include the immediate costs of medical treatment as well as the costs of ongoing and future medical expenses.
- Lost wages. If you were forced to miss time from work while you recovered from your injuries, you may be entitled to compensation. You may also be entitled compensation for a reduction in your earning capacity if you are unable to return to the job that you held before the accident.
- Lost benefits. You may be entitled to compensation for lost vacation or sick time, or other paid time off.
Non-Economic Damages
Non-economic damages are those that are subjective and not easily established. The amount of non-economic damages that you receive are typically determined by a judge or jury. Some common examples of non-economic damages include pain and suffering, emotional distress, loss of companionship, and loss of consortium. Proving the extent of your non-economic damages can be difficult. It is often necessary to retain one or more experts. An experienced Atlanta pedestrian accident lawyer can help you determine and prove the amount of your non-economic damages.
Discuss Your Case with an Experienced Atlanta Pedestrian Accident Lawyer
If you or someone that you know has been injured in a pedestrian accident in Georgia, contact the experienced Atlanta accident attorneys of Ahmad Injury Law at 404-574-5217 to discuss your rights and options. We offer FREE consultations and our compassionate and capable staff will assist you every step of the way.
