What is a Pedestrian Accident?
Pedestrian accident victims are individuals injured by vehicles while walking or crossing roads. They include anyone hit by a car due to a driver’s negligence or a traffic accident. Pedestrian accidents are also caused by unsafe road conditions. Being in a pedestrian car accident or motorcycle accident is traumatic and often has lasting consequences. Seeking immediate medical attention after a pedestrian accident is crucial.
Pedestrian accidents result in a range of injuries, from minor injuries like cuts, bruises and fractures sustained while falling on a sidewalk in disrepair, to more serious injuries like spinal cord injuries, traumatic brain injuries, and head trauma. You can read more info on personal injury types on our blog. Despite whether or not a pedestrian crash victim sustains minor injuries or severe injuries requiring transport to the emergency room, pedestrian accident cases typically lead to emotional distress, extensive medical bills, and can have long-term health implications requiring extensive medical care. Victims miss substantial time from work that impacts their finances for a long time. Navigating laws, insurance claims, and seeking fair compensation to cover medical costs alone can be overwhelming.
That's where an experienced JH Law Group personal injury lawyer comes in. As expert pedestrian accident lawyers, our law firm offers a free case evaluation and legal advice to assess your pedestrian accident case's worth. We guarantee your personal injury protection and protect your legal rights, explain your rights and legal options, and make sure you receive fair compensation. Our experience negotiating with insurance companies on pedestrian accident claims ensures you receive a fair settlement. We work directly with doctors to make sure you receive the medical treatment you need to recover, so you don't have to worry about your medical bills.
Who Is at Fault When a Pedestrian is Hit by a Car?
When a car hits a pedestrian, fault can vary. In cases of severe injuries, spinal cord injuries, or fatalities, having an experienced personal injury lawyer to establish fault is even more critical for legal recourse since multiple parties may share liability. Proving fault may involve analyzing evidence from the crash scene, gathering witness statements and contact information, securing and reviewing traffic camera footage from the time of the accident, collecting the at-fault driver's insurance information, a thorough understanding of traffic regulations, and more. Liable parties can include not only the driver but also entities like government agencies responsible for road maintenance and safety. Typically, drivers are expected to exercise caution, obey traffic laws, and yield the right of way to pedestrians. However, pedestrians are also required to follow traffic rules and use designated crosswalks. In pedestrian car accidents as well as pedestrian motorcycle accidents, local laws play a crucial role in determining fault and varies across the United States. Understanding the specific regulations set by the Governors Highway Safety Association, state government, or municipality where the incident occurred is essential, as local laws can influence liability allocation between the driver and pedestrian, impacting the outcome of the legal process. Understanding the nuances of liability is where a knowledgeable personal injury pedestrian accident attorney can provide valuable assistance. A skilled pedestrian accident lawyer can help identify all avenues for pursuing a fair settlement.
Do I have a Personal Injury Claim if the Driver is Uninsured or Left the Scene?
When you get hit by a driver without insurance, what happens next might rely on the kind of insurance policy you have. With uninsured motorist coverage, you can get help paying for your medical bills and other losses. If the person driving fled the scene of the accident, you still can seek a fair settlement through your own uninsured motorist coverage. It's important to talk with a pedestrian accident lawyer to advise you on the best way to pursue a personal injury insurance claim that maximizes your settlement offer.
Who Pays the Medical Bills if a Pedestrian is Hit by a Car?
The responsibility for an individual's medical bills after being hit by a car typically falls on the at-fault driver's insurance. In some cases, the pedestrian’s health insurance may cover initial costs, seeking reimbursement later from the driver’s insurance policy.
What is the Statute of Limitations for Pedestrian Accident Cases in Georgia?
Every state has its own pedestrian accident statute that determines the time frame within which a personal injury claim must be filed. In the state of Georgia, the time limit is two years. Failure to adhere to the statute of limitations for pedestrian accident claims can result in losing the right to pursue legal action, so it is important to seek legal counsel and representation as soon as possible. Seeking the advice of an experienced personal injury attorney can help you understand and comply with specific state law where you live.
Are Pedestrian Accident Cases Handled in State Court or Federal Court?
While certain civil cases, such as those involving federal law, take place in federal court, states have jurisdiction over pedestrian accident claims. For this reason, the procedure for pedestrian accident lawsuits varies based on state requirements. The specific circumstances where actions should be brought in federal court include when the defendant is from another state or another country or the defendant is a police officer who is being accused of violating the decedent's civil rights.
How do Common Law Jurisdictions Apply in Pedestrian Accidents?
In common law jurisdictions, legal systems rely on judicial precedent and custom rather than explicit laws. Past decisions influence present results in these types of cases. Understanding common law's application to pedestrian accident lawsuits is essential. It forms the basis for courts to assess responsibility, compensation, and resolutions. Working with a skilled legal expert in common law can significantly impact the outcome of your wrongful death lawsuit.
What Should I Do If the Insurance Company Contacts Me?
After you've been in a pedestrian accident, if the insurance company reaches out to you, it's key to tread carefully. These companies might attempt to downplay your claim or push you into agreeing to a small payout. Before talking with them, it's wise to get some legal guidance from a pedestrian accident lawyer. This way, you're better protected and informed during discussions with the insurance folks.
Is There an Average Pedestrian Accident Settlement?
A variety of factors influence settlement offer amounts. In calculating compensation, the severity of the accident, property damage, insurance coverage, medical expenses, lost wages, pain and suffering, future medical bills, the overall impact on the victim's life, and other damages come into play. Future expenses and rehabilitation costs are also factored in when estimating the value of lost income. Time sensitivity in documenting injuries and getting legal advice from a personal injury lawyer who specializes in these types of cases can significantly affect the value of a fair settlement.
Can I Get a Free Consultation?
If you've been involved in a pedestrian-car crash, seeking a free case evaluation from a reputable experienced attorney can provide valuable insights into your options and walk you through pedestrian accident settlements. A skilled attorney at a personal injury law firm can assess the specifics of your case and help you understand the strength of your pedestrian accident case and the possible outcomes, empowering you to make informed decisions moving forward.
What is Contributory Negligence Versus Comparative Negligence?
Contributory negligence is a legal defense that comes into play in some personal injury cases. Under this defense, if the person who was hurt did anything themselves that contributed to the accident or injury, the defendant is not responsible for the injury and the plaintiff cannot recover any damages. This defense makes it challenging for plaintiffs to receive compensation for injuries. Today, most states no longer apply contributory negligence and instead use comparative negligence rules. Georgia is a modified comparative negligence state, meaning damages can be recovered in a personal injury lawsuit even if the deceased person was partially at fault, as long as the percentage of fault does not equal or exceed that of the other party, or it does not exceed the proportion of fault of all other parties combined. The damages resulting from a pedestrian accident settlement would be reduced by the pedestrian accident victim's percentage of responsibility. For example, a pedestrian who didn’t use a crosswalk may have been 10% responsible for a car accident because they did not use a crosswalk, while the drunk driver who hit them may have been 90% at fault. If the settlement was $1,000,000, it would be reduced by 10% because the driver is responsible only for their proportionate amount of the damage based on their amount of fault.
How are Pedestrian Fatalities Addressed?
Pedestrian fatalities are addressed through a wrongful death lawsuit that allow the family members of a deceased person to be compensated financially for their loss. These personal injury lawsuits and their settlements are the exclusive benefit of the individual's beneficiaries or personal representatives, which are typically close relatives. Specific people that are legally allowed to file a claim include:
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- A surviving spouse
- Children of the descendant
- Parents of unmarried children
- A personal representative of the descendant's estate
What if you are none of these but believe yourself to be a personal representative of the deceased person? For instance, if you are a sibling? According to Georgia law, this type of lawsuit can only be filed by a personal representative of the deceased person “for the exclusive benefit of the decedent’s next of kin.”
To succeed in a wrongful death lawsuit, it must be proven that that a person's death was a result of another party's negligence or intent. In Georgia, these claims are distinct from survival action, focusing on the emotional and financial losses suffered by the surviving loved ones. Survival actions provide compensation that the individual would have received had they not died. Damages can include medical and funeral expenses, and compensation on account of the mental suffering of the survivors.
The Importance of Legal Representation
Understanding the intricate legal aspects and complexities surrounding pedestrian accident personal injury lawsuits is crucial, especially if you've sustained serious injuries. Whether your pedestrian accident was due to a car accident, motorcycle accident, or unsafe road conditions, a skilled JH Law Group personal injury attorney in Atlanta, Georgia will explain your legal options help you navigate the legal process of pedestrian accident claims efficiently and effectively. We offer free consultations and legal advice to ensure you don't miss the statute of limitations governing your pedestrian accident case.