The number of pedestrians injured and killed in accidents in the United States continues to increase. According to a projection published by the Governors’ Highway Safety Association, 2018 saw the highest number of pedestrian deaths in the U.S. in 27 years. In Georgia, there was a 32 percent increase in pedestrian fatalities between 2017 and 2018.
Metro Atlanta, with its congested streets and limited sidewalk network can be a particularly dangerous place to walk. The governors’ report cites numerous factors that contribute to the high numbers of pedestrian injuries and deaths. These include:
- population growth;
- the amount of time people spend walking;
- Consumer preference for light trucks and SUVs (which cause “more severe pedestrian impact”) instead of cars;
- use of smartphones.
If you or a loved one has been injured in a pedestrian accident, read below to learn what steps you should take to receive the compensation you need to recover.
Pedestrian Accident Injuries: Who’s Going to Pay?
At Marks Law Group, our Atlanta pedestrian accident lawyers have represented individuals who have suffered injuries from slip and fall accidents in both public and isolated areas to pedestrians who have been hit by a vehicle and suffered severe injuries that require long-term medical care, including brain injury patients. Each Atlanta pedestrian accident case we represent requires a unique approach to financial recovery, and the terms can vary greatly for each client.
If a driver of a truck or car hits a pedestrian, they may face criminal charges and they can be liable in civil court to pay damages to the person injured. If you are injured in a pedestrian accident anywhere in metro Atlanta, we can pursue legal action against the driver to cover the following:
- Current and future lost wages;
- Current and future medical care costs;
- Prescription and medical equipment rental costs;
- Rehabilitation and therapy costs;
- Outstanding expenses resulting from lack of work;
- Partial or full disability;
- Temporary or permanent disability.
What if both the driver and pedestrian are at fault?
Most accidents, including pedestrian accidents, are the result of someone’s negligence.
Negligence is the failure to exercise caution and care, and it includes (but is not limited to) failing to follow the law. In pedestrian accidents, the person responsible could be the pedestrian, the driver, or even the city or county that maintains (or fails to maintain) the road, intersection, or sidewalk.
Sometimes, a combination of negligence results in an accident. Driver behavior that contributes to pedestrian accidents includes inattention, failure to stay in the proper lane, failure to yield the right of way, and speeding. High rates of speed not only increase the risk of an accident, but also make serious injuries more likely.
Pedestrian behavior also contributes to accidents. The pedestrian behaviors most likely to contribute to accidents are:
- improper crossing of a road or intersection;
- walking, playing, or working in the road;
- failing to observe the right-of-way; and
- running or darting into the street.
You can still file suit, even if you are partly responsible
As a pedestrian, even if you are partly responsible for the accident, you can still file suit, although you may be able to recover less in damages. This is called comparative fault or comparative negligence. In Georgia, if you are injured, you can only recover if you are less than 50% responsible for the accident. The jury determines the percentage of fault. If the plaintiff is 50% or more responsible, then any recovery is prohibited. If the plaintiff is 49% (or less) responsible, then the damages are reduced proportionally.
Your pedestrian accident and the resulting injuries will determine the recovery proposal we strategically design on your behalf. Our attorneys will create a case that fully covers your needs, so you can focus on medical care and rehabilitation while we handle the financial details you are entitled to.
Contact Us Today for a Free Consultation
If you have been injured in a pedestrian accident, or are caring for someone who has, contact our experienced Atlanta pedestrian accident lawyers at Marks Law Group, LLC today at (404) 724-5039 for a free consultation. The road to recovery may be long and arduous, and there is no reason to suffer from the financial stress that another has dealt you and your family. We can help you take the first steps in holding the negligent person or entity responsible for your Atlanta pedestrian accident injuries accountable now. Call us today to find out how.