Legal Options for Victims of Car-Pedestrian Accident in Gwinnett County
A pedestrian hit by a car can sustain serious or even fatal injuries, which is why there are laws in place to prevent these accidents. But as drivers ignore these laws, pedestrian accidents are an unfortunate reality in Gwinnett County. Georgia provides recourse for pedestrians hit by a car whose driver was not paying attention, driving recklessly, or otherwise acting negligently behind the wheel.
Who is liable in a car-pedestrian accident?
In many pedestrian versus car collisions, the pedestrian hit by the car can hold the driver of the motor vehicle responsible for any injuries she suffered. However, she must be able to prove that the driver’s negligence caused the accident
Some common behaviors that contribute to this type of accident include:
- Failure to stop for pedestrians in the crosswalk
- Failure to yield right of way
- Failure to maintain lane/passing at crosswalk
- Distracted driving/inattention
A number of other parties could also contribute to an incident where a car hits a pedestrian. This includes the municipality that maintains the intersection, crosswalk, and traffic signals. In some cases, a pedestrian can hold multiple parties liable for their roles in the accident, but should first discuss this possibility with attorney John Morrison to review the case details.
When is the pedestrian at fault for an accident?
Drivers are legally responsible for yielding to pedestrians in crosswalks. But this does not mean that pedestrians can step out into traffic at any time and expect to be safe. In fact, pedestrians have the legal responsibility to ensure it is safe to cross the street before doing so. This applies at crosswalks (marked or unmarked) as well as outside crosswalks.
If a car hits you while you are while crossing against the pedestrian control signal or crossing when it was unsafe to do so, you may be at least partially liable for the accident.
Partial liability for the accident can hurt your chances of recovering full compensation for your injuries.
Georgia is a modified comparative negligence state, so if you are 50 percent or more responsible for the accident, state laws bar you from recovering anything for your injuries. And even if you are less than 50 percent at fault, your settlement or judgment will be reduced proportionally to your fault.
Damages Recoverable in a Pedestrian Accident Claim in Gwinnett County
If a car hit you, you likely required medical treatment that resulted in hospital bills and missed time at work. Your injuries may even reduce your future earning capacity and cause significant pain and suffering.
Fortunately, Georgia law allows you to file a personal injury claim to hold the responsible driver liable and recover money to cover these costs and losses. At the Law Offices of John Morrison, we can help you calculate how much compensation you may be eligible to recover. Your recoverable damages may include:
- Medical bills, including rehabilitation
- Lost income due to missed work
- Future earning potential if limited by injuries
- Pain and suffering or other emotional damage
NOTE: If an uninsured driver hits you, you can use your uninsured motorist protection under your own auto insurance policy in place of the at-fault driver’s liability coverage. Talk to John Morrison about all of your options regardless of the insurance status of the at-fault driver.
We can determine liability, build a case to prove negligence, calculate how much compensation you may be eligible to recover, and advocate for you throughout the process. Contact our Gwinnett County office today at 770-951-8900 to schedule an appointment.