Legal Options for Victims of Car/Pedestrian Accidents
A pedestrian struck by a vehicle is particularly vulnerable to serious or even fatal injuries. Fortunately, Georgia has specific laws in place to protect pedestrians from such accidents. However, pedestrian accidents can still occur if drivers are negligent. Georgia law provides recourse for injured pedestrians hit by any vehicle whose driver was not paying attention, driving recklessly, intoxicated, or otherwise negligent.
Who is liable in a car-pedestrian accident?
In car/pedestrian collisions, the pedestrian hit by the car can hold the driver of the motor vehicle responsible for all injuries suffered. However, the pedestrian must prove that the driver’s negligence caused the accident and subsequent injuries.
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
Other parties besides the vehicle driver may also be to blame for a car-pedestrian collision. This includes the municipality that maintains the intersection, crosswalk, and traffic signals, if the design or function of those devices failed and caused the collision to occur. In some cases, a pedestrian can hold multiple parties liable for their roles in the accident. In order to determine whether this applies to your case, schedule a free case review at The Law Offices of John Morrison, LLC right away (770)951-8900.
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) and areas outside of crosswalks.
If a car hits you while you are while crossing without the right of way or crossing when it was unsafe to do so, you will likely be at least partially liable for the accident.
Partial liability for the accident will 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. Even if you are less than 50 percent at fault, your settlement or judgment will be reduced proportionally to reflect your proportion of negligence for the accident.
If you were injured as a pedestrian and were cited as being at fault for the collision, please contact our law firm immediately to review your case. We have successful represented many such pedestrians and been able to prove that the driver of the vehicle was in fact at fault, rather than the pedestrian.
Damages Recoverable in a Pedestrian Accident Claim
If you are struck by a car as a pedestrian, you likely sustained serious injuries and incurred significant medical bills as a result. Your injuries may have caused you to miss work, and perhaps even have reduced your future earning capacity.
Fortunately, Georgia law allows you to file a personal injury claim to hold the at-fault driver responsible and obtain monetary compensation to cover both medical costs and lost wages. At The Law Offices of John Morrison, LLC we will help you calculate how much you are eligible to recover. Your recoverable damages include:
- Medical bills, including rehabilitation
- Lost income due to missed work
- Future earning potential if limited by injuries
We can determine liability for the crash, calculate how much compensation you can recover, and advocate for you throughout the process. Contact The Law Offices of John Morrison, LLC at (770)951-8900 today for your free case evaluation.