Atlanta Pedestrian Accident Lawyers

What to Do After a Pedestrian Accident

Whether a pedestrian accident is minor or severe, knowing what to do afterward is crucial to safeguarding your health and legal rights.

The following tips can guide your actions after a pedestrian accident:

• Seek Immediate Medical Attention. Prioritizing your health and safety is critical after an accident. Even if you think your injuries are minor, seek medical attention. Injuries like internal bleeding or head trauma may not present symptoms immediately but can become more severe if left untreated. Promptly seeing a doctor ensures you receive the necessary care and creates a medical record that connects your injuries to the accident, which is vital if you file a compensation claim.
• Contact Law Enforcement. Contact the police to report the accident. Law enforcement will create an official report detailing the circumstances of the incident, including any traffic violations, witness statements, and driver information. This police report is a crucial piece of evidence in your claim and can help establish fault in the accident.
• Gather Evidence. If you are physically able, gather as much evidence as possible from the accident scene. Start by taking photos, including damage to vehicles, the location of the accident, traffic signs, and your injuries. Additionally, collect contact information from the driver, witnesses, and anyone else involved in the accident.
• Consult an Attorney. Handling the legal process on your own can be daunting, especially when facing insurance companies that may attempt to reduce your claim. A lawyer can explain your rights, collect the required evidence, negotiate with insurers, and, if necessary, take legal action on your behalf.

What Is the Statute of Limitations for Pedestrian Accidents in Georgia?

The statute of limitations imposes a firm deadline for filing a lawsuit following a pedestrian accident. In Georgia, the time frame for personal injury claims, including pedestrian accidents, is two years. This period usually starts from the date the accident or injury occurred.

Failing to meet the deadline can impact your claim. If you do not file your lawsuit within two years, the court will likely dismiss it, no matter how strong your case may be. This decision would result in losing your ability to seek compensation for your injuries, potentially leaving you responsible for covering the financial costs yourself.

Common Causes of Pedestrian Accidents

Pedestrian accidents can occur in various settings, but certain behaviors and actions by drivers are frequently to blame. 

Causes of pedestrian accidents include the following:

• Distracted Driving. Distracted driving is one of the most common and dangerous behaviors on the road today. When drivers take their eyes off the road to text, use a mobile device, or engage in other distractions, they increase the risk of hitting a pedestrian.
• Speeding Or Reckless Driving. Speeding and reckless driving reduce a driver’s reaction time and increase the severity of injuries in the event of a collision. Pedestrians are particularly vulnerable in these scenarios because higher speeds lead to more forceful impacts, resulting in more severe injuries or fatalities.
• Failure to Yield at Crosswalks. Drivers must yield to pedestrians in crosswalks, yet failure to do so is a leading cause of pedestrian accidents. Whether through negligence or disregard for traffic laws, some drivers fail to stop or slow down when approaching crosswalks, putting pedestrians in grave danger.
• Driving Under the Influence. Impaired drivers have slower reaction times, diminished motor skills, and impaired judgment, all of which increase the likelihood of causing an accident. Pedestrians are particularly at risk because impaired drivers may fail to see them, especially in low-light conditions.

We can help you seek justice for your suffering. Our team can explain your legal rights and options, giving you a clear understanding of the paths you can pursue to hold negligent drivers accountable.

Common Injuries in Pedestrian Accidents

Pedestrian accidents can result in various injuries, from minor bruises to life-altering conditions that require extensive medical care. When a vehicle strikes a person, the lack of protection makes them vulnerable to serious harm. 

Injuries victims may experience include:

Each injury has challenges, and the recovery process can be physically and emotionally taxing. Our legal team can help you navigate the complexities of your claim and pursue fair compensation for medical bills, lost wages, and long-term care.

How to Determine Fault in a Pedestrian Accident

In pedestrian accidents, the critical issue is whether the driver or pedestrian failed to exercise reasonable care. Fault is determined by examining the duty of care each party owes to the other and whether either breached that duty.

Drivers have a duty of care to pedestrians, which means they must take reasonable steps to avoid causing harm. This duty includes obeying traffic laws, yielding to pedestrians at crosswalks, and driving attentively and cautiously in areas where pedestrians are likely to be present.

A breach of duty occurs when a driver does not uphold their responsibility, leading to an accident. For example, suppose a driver is approaching a crosswalk but is on their phone. They fail to notice a pedestrian legally crossing the street. In this case, the driver’s distraction represents a breach of their duty to pay attention to the road, and they can be liable for resulting injuries.

Establishing liability requires a thorough investigation, including reviewing accident reports, collecting witness statements, and examining available video footage. An attorney can help build a strong case by gathering evidence and demonstrating that the driver’s negligence caused the accident.