Our Cartersville pedestrian accident lawyers at Van Sant Law have represented injured people across Georgia since 2008. Our attorneys bring more than 50 years of combined experience to injury claims, and our firm has recovered hundreds of millions for clients.
If you were hit, contact our firm for a free consultation. Our Cartersville personal injury lawyers can review the crash and deal with the insurance company. Make the Right Call with Van Sant Law.
How Our Pedestrian Accident Attorneys in Cartersville Can Help
Van Sant Law understands how insurance companies evaluate injury claims because founding attorney David M. Van Sant previously worked for a large insurance firm. That background helps us prepare pedestrian claims with the insurer’s likely defenses in mind.
We can help by:
- Investigating the crash location.
- Preserving video and witness evidence.
- Reviewing driver conduct and traffic rules.
- Identifying all liable parties.
- Reviewing every available insurance policy.
- Documenting medical treatment and lost income.
- Handling insurer communications.
- Negotiating for fair compensation.
- Filing a lawsuit when the insurer refuses to pay fairly.
We are fully equipped to sign your case electronically, so you do not need to come to our office to begin. If you prefer an in-home visit, we are happy to discuss that option.
We can also connect you with resources that may help with medical or financial pressure while your claim is pending.
Georgia Pedestrian Rules That May Apply to Your Case
Georgia law sets duties for both drivers and pedestrians. In a pedestrian injury claim, the exact location of the crash, the driver’s actions, and the pedestrian’s movement before impact can affect who is found at fault and how much compensation may be available.
Crosswalk Duties
Under Georgia law, drivers must stop and remain stopped for a pedestrian in a crosswalk when the pedestrian is on the half of the roadway where the vehicle is traveling, or when the pedestrian is approaching and within one lane of that half of the roadway.
Driver Due Care
Georgia law also requires drivers to use due care to avoid colliding with pedestrians on the roadway. That duty can apply even when the insurer argues the pedestrian was outside a marked crosswalk.
Pedestrian Conduct
Georgia law does not allow a pedestrian to suddenly leave a curb or other place of safety and enter the path of a vehicle so close that the driver cannot yield.
Insurers often rely on this argument, so we examine the timing, distance, speed, lighting, visibility, and witness statements rather than accepting the driver’s version as fact.
How Insurers Try to Blame the Pedestrian
Pedestrian accident claims often involve direct attempts to shift blame. An insurer may admit the crash happened while still arguing that you caused or contributed to it.
Common blame arguments include:
- You crossed outside a marked crosswalk.
- You entered traffic suddenly.
- You were wearing dark clothing.
- You were distracted by a phone.
- You failed to look both ways.
- The driver had no time to stop.
- The driver’s view was blocked.
- Your injuries are not as severe as claimed.
Georgia’s comparative fault rule makes these arguments financially significant. If you are found partly at fault, your compensation may be reduced. If you are found 50 percent or more responsible, you cannot recover damages.
Our Cartersville pedestrian accident attorneys address those arguments with scene evidence, timing, visibility, witness accounts, and medical documentation.
Injuries We Often See After Pedestrian Collisions
A pedestrian crash can cause injuries that affect nearly every part of your daily life. You may need emergency care, surgery, physical therapy, pain management, assistive devices, or time away from work.
Pedestrian injury claims may involve:
- Concussions and traumatic brain injuries.
- Skull, facial, or dental injuries.
- Neck and back injuries.
- Spinal cord damage.
- Broken arms, wrists, legs, ankles, hips, or ribs.
- Knee, shoulder, and ligament injuries.
- Internal bleeding or organ damage.
- Road rash, scarring, and disfigurement.
- Nerve damage.
- Anxiety, sleep disruption, and fear around traffic.
Symptoms can change over time. Head pain, dizziness, numbness, back pain, and joint pain may become more noticeable after the shock wears off. Prompt medical care helps protect your health and creates a record tying the injury to the crash.
Compensation in a Pedestrian Accident Claim
A pedestrian injury claim should reflect the full effect of the crash on your health, income, mobility, and daily life.
Depending on your case, compensation can include:
- Ambulance and emergency care.
- Hospital bills and doctor visits.
- Surgery, imaging, medication, and follow-up care.
- Physical therapy and rehabilitation.
- Future medical treatment.
- Lost wages.
- Reduced earning ability.
- Pain and suffering.
- Scarring or disfigurement.
- Mobility aids, home changes, or transportation costs.
- Other out-of-pocket expenses tied to the crash.
If a pedestrian dies from crash injuries, the family may have a wrongful death claim under Georgia law. A separate estate claim may also seek certain expenses and losses tied to the final injury and death.
Georgia Deadlines for Pedestrian Injury Claims
Georgia generally gives injured people two years from the date of injury to file a personal injury lawsuit. Families pursuing wrongful death claims are also generally subject to a two-year deadline, usually measured from the date of death.
Some claims may involve shorter notice rules. For example, if a government vehicle, public employee, unsafe public roadway condition, or city-controlled property played a role, notice requirements may apply before the standard lawsuit deadline.
Waiting can also harm the evidence. Video may be erased, witnesses may move, and roadway conditions may change. Early legal review gives us a better chance to preserve the proof needed for your claim.
Schedule a FREE Consultation With a Pedestrian Accident Lawyer in Cartersville
If you were hit while out walking, call today to schedule a free consultation with a pedestrian accident attorney in Cartersville. Van Sant Law can help you understand the next step and Make the Right Call.
