Every pedestrian walking down the street likely shares the same fear. If they are hit by a car, they might be severely injured or worse. If your fears become an unfortunate reality, call for help and contact a lawyer.
Common factors in many pedestrian accident lawsuits involve the locations, injuries, and negligence involved in the crash. Understanding how these factors play into your case may help us determine who should be held liable and where we can find evidence. Getting compensation requires that we find evidence to support your claims. Many injured pedestrians use their evidence in an insurance claim, although a lawsuit might help you recover greater damages. In either circumstance, you deserve fair compensation for your medical costs, property damage, and other losses or injuries sustained in the accident.
Call (844) 876-4357 and set up a free appointment with our pedestrian accident attorneys at How Law to review your case.
Factors Common in Pedestrian Accident Lawsuits in Roswell, GA
The factors and details surrounding your case are important to proving the defendant’s negligence and getting compensation. While each case is unique, certain factors tend to crop up time and time again. We can determine the best way to proceed with your lawsuit by examining these factors.
Locations
Certain locations are riskier for pedestrians, and driver negligence is a common concern. For example, many pedestrian accidents happen in crosswalks. Often, pedestrians enter a crosswalk on a lighted signal. The same signal should indicate to drivers to stop. We often hear about lighted signals when people discuss the “right of way.” If drivers are not paying attention or driving too fast to slow down, they might enter a crosswalk when pedestrians are crossing and hit someone.
Although we usually do not associate parking altos or garages with serious accidents, they are common locations for pedestrian accidents. First, accidents tend to happen because, once off the highway, drivers are less cautious and let their guard down. They also tend to assume that pedestrians will get out of the way. Second, parking lots and garages are often full of pedestrians coming and going, and an accident is very likely if drivers are not paying attention or speeding.
Sidewalks are another place where pedestrians are often hit by vehicles. In some cases, drivers swerve onto sidewalks and strike passersby. In other cases, a driver might come too close to a sidewalk and clip a pedestrian walking near the curb.
Injuries
One common feature of many pedestrian accident cases is that injuries tend to be severe. Injuries like broken bones, cuts, bruising, and internal damage are common. As such, it is imperative that you get to a hospital immediately, even if you do not believe medical attention is necessary. Internal injuries are not always immediately apparent and might become deadly without immediate treatment.
Head and brain injuries are also common in pedestrian accidents. Pedestrians are often struck with enough force to throw them backward and hit their heads. Concussions, contusions, skull fractures, and brain damage are all possible. Certain instances of brain damage might leave pedestrians with long-lasting or permanent disabilities, and victims must learn to live their lives in an entirely new way.
Back and spine injuries are also common and equally devastating. Even if your back injuries heal, you might be left with chronic pain, weakness, or numbness. Back issues are very common in accident victims and often worsen with age. A bad back might not technically be a disability, but it could hinder you from living your life to the fullest extent possible.
Negligence
Many pedestrian accident claims are based on the driver’s negligent behavior and how it caused the collision. There are probably thousands of ways a person might be negligent behind the wheel, but some ways are far more common than others.
Distracted drivers are very common in pedestrian accident lawsuits. Perhaps the driver was texting when they blew through the crosswalk filled with pedestrians. Distractions are an ever-growing problem behind the wheel, especially concerning cell phones. Many drivers might feel it is safer to send a text to make a phone call when driving in parking lots where speeds tend to be slower. Ultimately, pedestrians usually pay the price for the driver’s negligence.
Maybe the driver had too many drinks before swerving onto a sidewalk and striking you and others. Drunk driving is a problem across the United States, and every year pedestrians are hit by drivers who choose to have a few drinks before getting behind the wheel. If the driver who hit you was intoxicated, they might be criminally charged, and our pedestrian accident lawyers can use a guilty plea or verdict as evidence in your civil lawsuit.
How to Get Compensation for Damages in a Roswell, GA Pedestrian Accident Case
Financial compensation for pedestrian accidents generally stems from insurance claims, lawsuits, or a combination of the two. Many injured victims would rather have their damages covered by insurance if possible, as navigating the legal complexities of a lawsuit can be daunting. However, many pedestrians encounter uninsured defendants or insurance companies that refuse to help, and a lawsuit might be necessary.
In Georgia, people injured in auto accidents, including pedestrians, can file third-party claims with the other person’s insurance. This means you can file a claim with the insurance of the driver who hit you. Unfortunately, drivers do not always carry insurance as they should. If you have your own auto insurance, you might be able to file a claim through an uninsured motorist policy.
Unfortunately, even when available, insurance is not always enough or approved. In such cases, you can take the driver to court and make them or their insurance company pay up. Pedestrians are rarely deemed responsible for pedestrian accidents. Drivers have a duty to stop whenever a pedestrian is present.
Contact Our Roswell, GA Pedestrian Accident Lawyers for Assistance Now
Call (844) 876-4357 and set up a free appointment with our pedestrian accident attorneys at How Law to review your case.
