Drivers tend to think they rule the roads and everything surrounding them. Unfortunately, this means that pedestrians simply trying to cross the street get hit by negligent drivers. If you are in such a situation, call a lawyer to discuss legal options and compensation.
While we often think of drivers as solely responsible for these accidents, other parties might share the blame. Many pedestrian accidents involve multiple drivers, or the city might be responsible for a poorly planned intersection or non-functioning traffic signals. Damages in your claim should account for medical costs, lost earnings from missing work, and psychological distress or trauma. How and where your accident happened plays a big role in how we approach the case. Many pedestrian accidents happen in crosswalks or areas for parking, and they also sometimes involve confusing or malfunctioning traffic signs and signals. Evidence to prove your case may include details from the accident scene, security camera or dashcam footage, and witness testimony.
For help exploring your legal options after being hit by a car, call our pedestrian accident attorneys at Howe Law at (844) 876-4357 and schedule a free review of your situation.
People Responsible for Pedestrian Accidents and Injuries in Gainesville, GA
Arguably, the first person you and your attorney should investigate after a pedestrian accident is the driver who hit you. Many pedestrian accidents are the direct result of driver negligence. For example, when pedestrians are injured in crosswalks, it is usually because a driver ignored a red light or stop sign. In many cases, drivers assume pedestrians must yield to vehicles, not the other way around.
It is also possible that more than one driver contributed to the accident and can be held liable for your injuries. For example, there have been cases where one driver strikes a pedestrian and sends them flying into the street where they are promptly hit by another driver who was not paying attention to what was in front of them. In that case, both drivers should be held accountable for the pedestrian’s severe injuries.
Another possible reason for an accident is that the intersection where you were hit could have been better designed, and drivers and pedestrians have a hard time seeing each other so they can yield. Alternatively, traffic signals that both parties rely on to know when it is safe to proceed might malfunction and cause confusion. In such a case, the city or even the state might be liable.
Suing a governmental entity may be challenging, and you should speak to a lawyer about it quickly. According to O.C.G.A. § 36-33-5(b), a plaintiff must notify the government of their intent to file the claim within 6 months of the accident. Otherwise, they might be unable to sue the governmental entity.
Possible Damages You Can Claim in a Gainesville, GA Pedestrian Accident Case
Pedestrians are very vulnerable to injuries in accidents with vehicles. Meanwhile, drivers are often unharmed. You deserve fair compensation for your damages, and an attorney can help you add up all your losses, costs, and painful experiences so that you get fair and full compensation.
Perhaps the most significant source of damages in pedestrian accident cases is medical treatment. Injured pedestrians often have severe physical injuries and are in dire need of emergency medical care. In cases where pedestrians need ongoing and extensive care, the costs may be insurmountable. When calculating damages, you should consider the costs of ambulance rides, x-rays, mediation, surgery, physical therapy, and various forms of follow-up care.
Pedestrians often cannot return to their jobs after being hit by a car. Many must take extensive time off while they recover. Others might be unable to work again. The lost income from being out of work should be factored into your damages. Your lawyer can help you account for future lost earnings and even reasonably expected raises or increases in income you would have had.
Emotional and psychological damages are also significant. Living through such a harrowing experience and painful injuries leaves many people traumatized. You might live with deep emotional distress, fear, anxiety, and depression. Similarly, you can claim emotional damages if your injuries come with long-term complications or disabilities.
Common Circumstances Surrounding Pedestrian Accident Cases in Gainesville, GA
The location of your accident and other circumstances surrounding the case should be thoroughly discussed with your attorney. How and where your accident occurred might play a big role in how our pedestrian accident lawyers determine who is responsible and where to search for evidence.
Crosswalks and sidewalks are common locations for pedestrian accidents as they put pedestrians right next to vehicle traffic. In crosswalks, drivers tend to ignore pedestrians or assume they do not have to yield when they actually do. On sidewalks, negligent or intoxicated drivers might run up on pedestrians after losing control of the vehicle. These accidents are wildly different, and how we approach them should tailored to the unique circumstances.
Parking lots and garages are also common places for pedestrian accidents. Drivers tend to be less cautious in these places because they are not on the road and usually drive slower while looking for parking. Remember, a car does not have to be moving very fast to cause injuries to a pedestrian. While craning their neck looking for a parking spot, a careless driver might hit someone walking to or from their car.
What You Need to Prove Your Pedestrian Accident Claims in Gainesville, GA
Finding evidence for your case is the key to success and getting fair compensation. Since many pedestrian accidents happen on streets near homes and businesses, looking for security cameras is a good place to start.
If a nearby business or private residence has a security camera, it might have recorded the accident. Some security camera videos show exactly how the defendant was negligent. For example, the video might clearly show a red light at an intersection where the defendant very clearly did not stop.
We should also find as many witnesses as possible. If you can, you should exchange names and contact information with people at the accident scene who saw you get hurt or stopped to help. The more people whose stories align with yours, the more likely you will get the fair compensation you deserve.
If You Were Hit by a Car, Speak to Our Gainesville, GA Pedestrian Accident Lawyers Now
Call our pedestrian accident attorneys at Howe Law at (844) 876-4357 and schedule a free review of your situation where we can explore your legal options after being hit by a car.
