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Can Pedestrians Sue for Injury in Georgia?

Pedestrian accidents in Georgia can result in catastrophic injuries, even at low speeds. Fortunately, negligent drivers can be sued for the damages they cause in a lawsuit.

Pedestrian accidents can happen anywhere, but they are more likely to occur in areas where pedestrians are forced to trust drivers, such as crosswalks and parking lots. If you have been involved in a pedestrian accident, the process of filing a lawsuit can quickly become complicated, especially if the driver left the scene or multiple parties were involved. However, we can investigate the incident and gather the evidence you need to build a strong case. It is typically the driver’s responsibility to be aware of any pedestrians in their vicinity.

For a free case review with our Georgia pedestrian accident lawyers, call Howe Law today at (844) 876-4357.

Can Pedestrians File a Lawsuit if They Are Injured in Georgia?

After being hit by a careless driver, pedestrian accident victims might be left wondering how they will pay for their medical bills. Fortunately, they have options to recover compensation, including pursuing the full range of damages they are entitled to in a Georgia lawsuit. While these cases can be difficult, our Georgia personal injury attorneys know how to navigate the challenges to ensure that the responsible parties are held accountable. Even if you feel that you might have contributed to causing your injuries, that will not prevent you from suing for injuries that another person helped bring about.

Injuries Caused by Single Driver

Identifying the driver who caused your injuries in a lawsuit is not difficult if they stop and exchange information with you. However, when a driver is uncooperative and hostile after an accident, it can be challenging to get their information. The best course of action in such cases is to wait for the police to arrive. They will collect the driver’s information and include it in the police report. Even if the driver did not provide their information due to a lack of insurance, they can still be sued for negligence.

Injuries Caused by Multiple Driver

It is possible that multiple drivers might have contributed to the injuries you sustained. It is not uncommon for more than one driver to be at fault for an accident due to their negligence. However, it can be challenging to determine the extent of each driver’s responsibility for the victim’s damages. In such situations, every driver’s name should be included in the lawsuit. This way, it can help assess their liability accurately and ensure that the victim receives proper compensation for their injuries.

Injuries Caused in a Hit-and-Run Accident

Being involved in a pedestrian accident can be very dangerous, and it is even worse if the driver does not stop to help. Unfortunately, it is not uncommon for a driver to flee the scene after hitting someone, especially if they know they’ve broken the law, for example, by driving under the influence or texting while driving.

In other cases, the driver might stop but still try to avoid taking responsibility for the accident. It can be difficult to identify the driver in such hit-and-run accidents, but any information that the victim can remember could be helpful in locating the driver. Additionally, we can collaborate with the police and conduct our investigation to ensure that the driver is held accountable for their actions.

Of course, the injuries sustained in a pedestrian accident can be very serious, and if the victim is left without help, the accident could even be fatal. Therefore, it is essential to seek medical attention as soon as possible after an accident.

Injuries Caused in a Crosswalk

Pedestrian accidents caused at crosswalks are unfortunately common, although hit-and-run accidents are even more severe. When pedestrians have to rely on oncoming traffic to cross the street, serious injuries are highly likely to occur. According to O.C.G.A. § 40-6-91, drivers are required to give way to pedestrians crossing their half of the roadway. This means that vehicles on your side of the street or turning onto your side have a legal obligation to let pedestrians cross before they continue, or at least cross outside of their travel lane.

However, drivers can only be held accountable under this law if they have enough time to yield. Pedestrians must also follow traffic signals. Otherwise, they might receive less compensation than they are entitled to. In most cases, the negligent driver is responsible for the injuries sustained by the pedestrian.

In more complicated scenarios, such as multiple lanes of traffic moving in the same direction, drivers must yield until the pedestrian has cleared the travel lane. They are not allowed to pass other drivers, even if they have stopped for a pedestrian. Additionally, drivers are prohibited from driving around or through the crosswalk.

Steps to Take After a Pedestrian Accident in Georgia That Can Help Your Lawsuit

Being involved in a pedestrian accident can be a challenging experience. However, there are several steps you can take to improve your chances of holding the responsible party accountable. To start with, it is essential to document the incident. Therefore, it is recommended that you immediately call 911 after the accident and take photos of the area. Seeking medical attention should also be a priority to document your injuries. Afterward, do not hesitate to reach out to our firm for guidance on the appropriate steps to take.

Call 911

If you have been in a pedestrian accident and wish to seek justice for your injuries, the first step is to contact the police. In case the person who hit you has fled the scene, it is highly recommended that you call 911 immediately and report the incident. By informing the police, you ensure that your account is documented and any evidence at the scene is preserved for later investigation by our lawyers and investigators. Furthermore, the police report generated for your accident will serve as evidence in your case and could potentially reveal other vital information and witnesses to your accident.

Gather Evidence

If you are physically capable, we strongly advise you to gather evidence while still at the accident scene. This involves obtaining the names and contact details of witnesses or other drivers who might have seen what happened. If the driver who caused the accident stops to offer assistance, make sure to get their license and insurance information.

Moreover, it is essential to take pictures and videos of all damaged vehicles and any injuries sustained by yourself. This evidence will be crucial in calculating your damages and determining liability in the future. You can easily take photos and videos using your phone. Having pictures available can help significantly when presenting the accident details to the court later.

Get Medical Care

In case of a pedestrian accident, it is crucial to seek immediate medical attention, regardless of the severity of your injuries. A thorough medical examination is necessary to detect any potential internal injuries or fractures. Moreover, your medical records will serve as proof of treatment and the likely cause of your injuries. Remember that delaying medical care can negatively affect the compensation you receive in the future, as the other party might argue that your injuries are not severe if you wait too long to receive treatment.

Our Georgia Pedestrian Accident Lawyers Can Help

Contact Howe Law at (844) 876-4357 for a free case evaluation with our Atlanta pedestrian accident attorneys.

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