Recovering Damages for Injured Pedestrians

Automobile accidents don’t just involve drivers. Thousands of pedestrians are injured every year in Georgia by vehicles and bicyclists. Because they lack the protection of an automobile, their injuries can be significant, even fatal. Recovering damages requires serious and aggressive legal representation. If you or a loved one were injured as pedestrians, a local pedestrian accident attorney can help.

Pedestrians walk to work, jog for leisure, get in and out of cabs, and otherwise fill the streets and sidewalks. This is especially true in urban areas like Atlanta, but by no means are pedestrians only found there. Outside of the city environment, there are generally fewer pedestrian-friendly paths. This means pedestrians often walk on the sides of roads, rather than sidewalks. They may not have crosswalks and crossing signals to use. Their paths may not be well illuminated, making it harder for drivers to see them. Motorists should always be on the lookout for pedestrians, especially when they’re not in the city.

Drivers are required to conduct themselves as a reasonable person would under similar circumstances. However, that doesn’t mean pedestrians are always in the right. Stepping out in traffic, not obeying traffic signals and walk signs, and other behaviors can impact a pedestrian accident case. In order to succeed on a personal injury claim, a pedestrian will need to prove the following in court:

  • The driver or bicyclist who injured them (the defendant) owed a duty of reasonable care
  • The defendant violated that duty of care through some act of negligence
  • The defendant’s negligence caused injury to the victim
  • The victim suffered damages as a result

There are important details to each of these elements that an experienced Georgia accident attorney will understand. For example, “cause” includes both actual and proximate cause. And while proving negligence is often the most challenging part, failure of any element can risk losing your injury case.

Pedestrians may be able to establish all elements of a negligence claim. But they must be mindful of actions on their part (such as violating crossing signals) that may lessen their damages. Georgia follows a comparative negligence model. This means if the victim is found to be partly to blame for their accident, they might receive fewer damages. Having a skilled Georgia accident attorney is important to help ensure you get the most compensation possible.

After an accident, it’s critical to gather as much information as possible. Identify the driver (or bicyclist), the vehicle, and any witnesses to the accident. Note the location, time, and date, as well as weather conditions and any important environmental factors. For example, if you were injured in or near a construction site, that could have relevance to the driver’s negligence. Get the medical attention you need, but also make a police report.

Then turn to a knowledgeable Georgia injury attorney who can demand the damages you need to recover. You may be contacted by the driver’s insurance company and offered a settlement to avoid court. Always let an attorney talk to the insurance company first. If you take a settlement and your injuries turn out to be worse, you won’t get another chance to recover. Depending on the nature of your accident, you could face these and other damages:

  • Hospitalization, medical treatment, and related bills
  • Expensive prescription drug medications
  • Lost wages due to time missed from work
  • Decreased earning capacity due to the severity of your injuries
  • Pain and suffering
  • Disability

Our Attorneys Help Injured Pedestrians Recover Compensation

Out firm represents victims who have been injured through the negligent actions of motorists. We also help pedestrians who have been hurt by bicyclists. Regardless of the nature of your injuries, let the experienced accident attorneys of Hammers Law Firm help. We will investigate your claims, review the evidence, and advise you of your legal options. Contact us today to schedule your consultation.