Pedestrians can suffer devastating injuries on account of negligent and careless drivers. Many victims of a pedestrian accidents require extensive medical treatment, resulting in staggering financial costs.
Pedestrian accident cases can be some of the most challenging since the injuries involved might be extensive and the party responsible is not always known. Fortunately, an experienced Johns Creek pedestrian accident lawyer can help you determine the best path forward to recover compensation for your injuries. Many pedestrian accidents occur in common places, like crosswalks and parking lots. However, some happen in the least expected places, which might cause a driver to panic and flee the scene.
If you were injured in a pedestrian accident, our Johns Creek pedestrian accident lawyers can help you identify and file a lawsuit against the driver responsible for your injuries. Contact Howe Law at (844) 876-4357 for a free case evaluation.
How Pedestrian Accidents Happen in Johns Creek, GA
Pedestrian accidents most often occur in places where pedestrians and traffic are close together. Most pedestrian accidents are the result of a driver’s negligence. For instance, many pedestrian accidents occur at crosswalks. Crosswalks are common locations for pedestrian accidents, as people crossing an intersection must trust that other drivers are paying attention. However, if a driver is distracted or speeding while approaching a crosswalk, they might not be able to avoid a pedestrian before severely injuring them.
Pedestrian accidents also commonly happen in busy parking lots. Drivers no longer on the road sometimes drive less safe because they are about to park. During this time, drivers are more likely to pay attention to finding a spot than pedestrians walking nearby. If a negligent driver is speeding through a parking lot, they might not be able to stop before striking a pedestrian.
Although drivers should never take their vehicles on a sidewalk, pedestrian accidents can sometimes occur there. Pedestrian accidents on sidewalks tend to happen when a driver loses control of their car. Vehicle malfunctions, like tire blowouts and brake failures, can cause a car to swerve onto a sidewalk, while other sidewalk accidents are caused by the driver’s negligence, like texting and drifting onto a sidewalk. In other cases, a negligent driver might take a turn too sharply, injuring a pedestrian standing on the corner of the sidewalk. Our Johns Creek pedestrian accident lawyers can help you determine how a negligent driver caused your injuries and hold them accountable.
Who to Hold Liable for a Pedestrian Accident in Johns Creek, GA
In some cases, proving liability will not be that challenging. If only a single driver was involved and stopped to render aid to an injured pedestrian, they would likely give their insurance information to the victim, which can be used to file a lawsuit against the driver later, if necessary.
Cases become much more difficult when a pedestrian is the victim of a hit-and-run accident. If a driver flees the scene of an accident, identifying them to name in your lawsuit will be challenging. However, leaving the scene of an accident is a crime, and you should report the accident to the police. Any information you have could help law enforcement track down the driver responsible for your injuries. Our Johns Creek pedestrian accident lawyers can work with local and state law enforcement to help identify the driver that callously struck you.
Elements of a Pedestrian Accident Lawsuit in Johns Creek, GA
To prove a pedestrian accident lawsuit, four distinct elements will need to be established to recover compensation. The facts of your case will impact the legal strategies used and the types of evidence needed to establish each element. To recover compensation in a Johns Creek pedestrian accident lawsuit, the following four elements must be proved:
- The driver was under a duty of care
- The driver breached that duty of care
- The driver’s breach of duty directly and proximately caused your injuries
- You suffered damages because of the injuries you suffered
It can be challenging to establish each element, but most cases are fought over the cause of a victim’s injuries. Our Johns Creek pedestrian accident lawyers can gather the evidence you need to show that the driver’s negligence caused your damages.
Evidence Used to Prove Fault in a Johns Creek, GA Pedestrian Accident Lawsuit
To prove the elements described previously, evidence will need to be obtained from numerous sources. Evidence can come in several forms, from records and reports to witness testimony. While pieced together from many places, this evidence will come together to tell the story of your accident. The following are common types of evidence typically used in a Johns Creek pedestrian accident lawsuit:
- Police reports
- Medical records
- Photos from the scene and injuries
- Physical evidence from the scene
- Surveillance footage
- Smartphone footage
- Witness statements
- Personal recollections
Some of this evidence might be in the possession of parties reluctant to cooperate or get involved with a legal matter. Fortunately, our Johns Creek pedestrian accident lawyers can reach out to other parties to gather important evidence on your behalf before it becomes lost.
Time Limit to File a Pedestrian Accident Lawsuit in Johns Creek, GA
The time limit to file a pedestrian accident lawsuit in Georgia is known as the statute of limitations. According to Ga. Code § 9-3-33, victims injured in a pedestrian accident have two years from the date of the accident to file a lawsuit in Johns Creek. It is important to start your case as soon as possible. In most cases, you will be barred from recovering compensation through the court if your lawsuit is not filed before the two-year anniversary of your accident. Our Johns Creek pedestrian accident lawyers can help you determine the deadline in your case and ensure your lawsuit is filed before time runs out.
Our Johns Creek Pedestrian Accident Lawyers Can Help
If you were injured in a pedestrian accident caused by a negligent driver, our Johns Creek pedestrian accident lawyers can help you recover the damages you are entitled to for your injuries. Contact Howe Law at (844) 876-4357 for a free case evaluation.