Common Causes of Pedestrian Accidents in Georgia
Pedestrian accidents are more common than people think and are often the result of ordinary driver error. Most pedestrian accidents are the result of the following causes:
Smartphones are a major hazard for pedestrians, as they not only create a mental distraction, but they also require drivers to take their eyes off the road and hands off the wheel.
Unique Scenarios in Pedestrian Accident Cases
Pedestrian accidents can happen under a wide range of circumstances. While cases involving a pedestrian who has the right of way in a crosswalk may be pretty straightforward (relatively speaking), many more types of cases can be much more complicated.
If you have been injured in any scenario as a pedestrian, you should speak with a lawyer about your legal rights. Even if you were doing something you weren’t supposed to (i.e., jaywalking), and even if you think you may be responsible for your own injuries, it is worth talking to an experienced pedestrian accident lawyer who can objectively assess your situation. You have nothing to lose by scheduling a free consultation, and if you have a claim, you will want to do everything you can to win the compensation you deserve.
Here are some examples of unique scenarios in which injured pedestrians may be entitled to full or partial financial compensation:
“Don’t Walk” Accidents
Many pedestrians choose to cross the road at intersections when the “Don’t Walk” sign is lit. While it can be dangerous to cross a street without the right of way, pedestrians who enter controlled intersections without the right of way can still pursue claims for just compensation in many cases. Were all of the lights at the intersection functioning properly? Was your (or the driver’s) view obstructed? Was the driver distracted, drunk or high? These are all important questions for assessing your legal rights.
Jaywalking can be risky, but it isn’t necessarily dangerous since pedestrians can legally cross the street outside of a crosswalk in many circumstances. Many of the same factors that will determine a pedestrian’s rights in a “Don’t Walk” accident will also determine a pedestrian’s rights in a jaywalking accident.
Slip, Trip and Fall Accidents
What if you slipped, tripped or fell into the path of an approaching vehicle? In this scenario, your legal rights also depend on several different factors. Why did you fall? Could (and should) the driver have avoided you? The answers to these questions—among others—will determine whether you have a claim for compensation.
Stepping Out in Front of an Approaching Car
In some situations, pedestrians will need to step into the road to determine if it is safe to cross. If you step out in front of an approaching car, this does not necessarily mean that you are responsible for your own injuries. For example, a property owner or government agency could be liable if your view of the road was obstructed, or the driver could be responsible if he or she had an opportunity to avoid hitting you.
Accidents Involving Children
Children are not as careful as adults, and we don’t expect them to be. Unfortunately, many drivers do not exercise the caution they should when in the vicinity of children. If your child was struck by a car, truck, van or SUV in your neighborhood, downtown or anywhere else, you should speak with a lawyer about your family’s legal rights.
Working with an Pedestrian Accident Lawyer You May Be Entitled to Compensation
You may be able to pursue a claim for your monetary losses and other damages if you can prove that the driver was negligent. Most pedestrians are the fault of the other person, but an Atlanta pedestrian accident lawyer can help you make your case. If you can prove the driver was negligent, you may be entitled to compensation for the following:
- Your medical expenses, both covered and uncovered
- Any lost wages or other income
- Your pain and suffering
In order to prevail, you will need to carefully document your claim. You will need to keep copies of all bills and correspondence related to your accident. You will need to calculate any lost income due to missing work. The most challenging part is estimating the value of your pain and suffering, which is sometimes the biggest component of your claim. An experienced Atlanta, Cumming or Alpharetta pedestrian accident lawyer will be able to review your case and provide you with an estimate of what your claim may be worth.