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According to the Georgia Governor’s Office of Highway Safety, pedestrian fatalities have more than doubled over the past ten years. Even worse, our state has the highest level of pedestrian fatalities in the entire country.
Even when a pedestrian accident isn’t fatal, it can still result in permanent or life-altering injuries to the victim. Considering the severity of these types of incidents, it’s usually best to consult with a pedestrian accident lawyer in Atlanta if you get involved in this type of situation. A lawyer can help you fully understand your legal rights and options. In some cases, you may be eligible for compensation to help you cover the expenses associated with the crash.
Learn more about pedestrian accidents in Atlanta, how to handle one, and how our law firm Kermani LLP can be your best legal advocate.
Understanding Fault in Atlanta Pedestrian Accidents
Identifying the cause of your pedestrian accident is crucial because your options for recovery will hinge on this factor. Under Georgia law, every driver and all pedestrians have a legal duty to provide for the care and safety of everyone else on the road. That means that both parties have a legal obligation to obey traffic rules. For pedestrians, that means only crossing the road at an intersection with a crosswalk or when it is safe to do so. For those driving a car, that means remaining vigilant and yielding to pedestrians at crosswalks and intersections.
While most pedestrian accidents are the result of distracted driving and speeding, drivers are not always responsible when a pedestrian gets hit. A pedestrian who opts to walk into traffic can’t always expect vehicles to be able to stop in time. Pedestrians should never walk out onto a road with traffic coming unless there is no other option. If that is their only choice, then the pedestrian needs to wait until it is safe to cross.
Are you unsure what exactly caused your pedestrian accident? After your crash, the authorities should’ve come out to the scene and started an initial investigation. You can then request a copy of the police report to get an idea of what evidence they collected. From there, you can start your own investigation, collect evidence, and get in touch with a lawyer to determine what to do next.
Statute of Limitations for Pedestrian Accidents in Georgia
In Georgia, a pedestrian who experiences an accident with an injury has up to two years to pursue a claim for compensation under the statute of limitations laws. There are very rare circumstances where exceptions exist, like when the victim was a minor at the time of the crash or when the injury wasn’t reasonably able to be discovered until a date after the accident. For instance, if you were in a coma and were not able to pursue compensation until after the two-year deadline, then there’s a great chance an exception will be made in your case. Contact an attorney if you think you have a unique circumstance or there are questions about the two-year time limit.
Navigating the Aftermath of a Pedestrian Accident
In most pedestrian accidents in Georgia, the pedestrian is injured enough to need medical help at the scene. To ensure timely medical care is received, it’s best to call the police. Once the police arrive, they’ll also clear the road so traffic can resume, investigate what happened, and create an official police report. If possible, then they’ll also collect evidence at the scene.
If you’re injured, focus on getting the medical help you need. Keep copies of the medical bills and diagnoses you receive. When you are able to, your next move should be to contact an attorney.
Seeking Compensation for Pedestrian Accident Victims
Once you know the extent of your injuries and losses, you’ll want to consider your options for compensation. If your losses are significant, then it’s usually best to talk to pedestrian injury attorneys in Atlanta about what happened. They’ll consider the facts surrounding the collision, factor in the extent of your losses, and then help you identify who might be liable.
If the accident resulted in the untimely death of your loved one, then an attorney can help you consider whether pursuing a wrongful death claim is a good idea.
If you get a call from an insurance agent, then make sure you speak with your lawyer before talking to the insurance provider. You want to be careful about what you say to avoid derailing a potential claim.
Advocating for the Rights of Pedestrian Accident Victims in Atlanta
If you do get into a crash, then it’s important to understand that you are your best advocate until you hire a lawyer. It’s up to you to consider your options, file a claim, and prove your losses. OF course, you don’t have to hire an attorney to go through the process, but having an experienced one by your side will be a huge advantage.
How Kermani LLP Supports Injured Pedestrians
If you’re looking for a pedestrian accident attorney in Georgia, then our team is here to help. At Kermani LLP, lawyers have extensive experience helping individuals injured in pedestrian accidents get the compensation they need to cover their expenses and fully recover from the ordeal. We understand how important it is to get both timely and full financial reimbursement, so we will fight to ensure your case is resolved as soon as possible.
Contact Kermani LLP for Expert Pedestrian Accident Representation
Are you looking for the right pedestrian accident attorney in Atlanta to represent you? At Kermani LLP, we take a powerhouse approach to every claim we take on. We’re prepared to listen to the facts surrounding your pedestrian accident, analyze the overall impact your injury has had on your quality of life, and relentlessly pursue what you deserve.
Schedule a meeting with our office now to get started on your journey towards justice.
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Frequently Asked Questions
What should I do immediately after being involved in a pedestrian accident in Georgia?
It’s always best to call the authorities following a pedestrian accident. The police will help you get the immediate medical attention you need, file an official report, start collecting evidence, and clear away the road so it’s safe for traffic again. While the police are investigating what happened, you need to ensure that you’re getting treatment for your injuries. It’s usually best to get a full physical checkup after getting in a pedestrian accident since these incidents can lead to serious injuries. Keep a copy of your medical bills, any diagnosis you receive, and any other information you collect that will prove what happened and what you lost. Get in touch with an attorney once you’re ready to take the next steps toward filing for compensation.
What types of compensation can I seek if I’m a victim of a pedestrian accident in Georgia?
Since pedestrian accidents can lead to serious losses, it’s often necessary to consider your legal options for financial recovery. When the pedestrian accident was caused by someone else, you can file for compensation for expenses like your medical bills, lost wages, pain and suffering, and more depending on the specific circumstances of your injury and losses. In general, your compensation award should reimburse you until you're in the financial state you were in prior to the accident. Your settlement isn’t meant to provide you with more than you lost.
Can I file a claim if I was jaywalking when the accident occurred?
Yes. Under Georgia’s modified comparative negligence standard, you can file for compensation as long as you were not more than 50% at fault for the accident. If you were jaywalking but the driver was speeding and driving under the influence, then you might still be able to file for partial compensation from the reckless driver. Since these claims are inevitably more complicated than others, it may be best to talk to a lawyer to determine if filing a claim is worth your effort.
How do insurance companies evaluate pedestrian accident claims in Atlanta, GA?
Insurance companies in Georgia evaluate claims on an at-fault basis. Insurance adjusters will attempt to investigate the situation to determine who was at fault. If they determine that the insurance policy should cover the pedestrian injury, then they’ll cover the injuries up to the policy limits.
Are there specific Georgia laws that protect pedestrians in traffic accidents?
In Georgia, it’s considered illegal for vehicles to attempt to drive around, cut off, or squeeze near a pedestrian who is in a crosswalk even when there is room to do so. Drivers are also obligated to stop rather than simply yield to pedestrians when they have the right of way.
How can a pedestrian accident lawyer help with my case in Atlanta, Georgia?
Pedestrian accidents often lead to serious injuries, so you likely need to focus on your recovery. A pedestrian accident lawyer can work towards getting you the maximum settlement award you’re entitled to by exploring your legal options, investigating your accident, leveraging the law to your advantage, compiling your claim, and getting the other party to pay you what you deserve.
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