Being hit by a car while on foot could entitle you to financial compensation from the driver who hit you. Drivers who negligently cause accidents through traffic violations or other unsafe or unreasonable driving should be held accountable to the full extent of the law, often resulting in damages paid to the victim and their families.
Our attorneys can help you by working with you to calculate damages and build a strong case against the at-fault driver. We can then help you file insurance claims and lawsuits to get full compensation for your accident.
For help with your case, reach out to Howe Law today at (844) 876-4357 to speak with our pedestrian accident attorneys.
How a Pedestrian Accident Lawyer Can Help with Your Injury Case in Peachtree Corners, GA
It is important to work with a pedestrian accident lawyer after an accident. In many cases, injury victims think that an insurance claim will cover what they need and that that is the “usual” way of handling these kinds of cases. However, it is in the insurance company’s interests to avoid paying out damages for a crash and to drive down any payouts they do make to help save themselves money. Because of this, an insurance claim is unlikely to cover your needs. The core way we can help is by fighting for you to get the insurance company and the defendant to cover your damages.
First, we can negotiate with insurance in ways that the average individual might not be comfortable doing. We can push to get the payout increased and, if that fails, we can take the case to trial.
At trial, we can present your case to a judge and jury and seek to get a ruling in your favor. Throughout a lawsuit, we can continue negotiations with the added pressure that if they fail to settle for a fair value, they will have to defend their position in court.
It is also important throughout these negotiations to know what your case is truly worth. As mentioned, insurance companies will often give a low value. Our lawyers can calculate damages ourselves to show you what your case truly should be worth, not what the insurance company merely says it is worth.
Determining Fault in a Pedestrian Accident in Peachtree Corners, GA
In order to get the insurance company to pay or to convince a jury to order payment, you need to show that the driver who hit you was actually at fault for the crash. In some cases, pedestrians are in fact the ones who put themselves in danger, and the defense will try to argue that that was what happened in your case. However, drivers are usually the ones in the best position to avoid a crash, and their mistakes are more likely to cause a crash.
On a properly designed road, rivers and pedestrians should only have a chance to crash into each other at intersections and crosswalks, where the pedestrian’s path crosses the roadway. If you were on the side of the road or the sidewalk, then there is little to no legal reason for the driver to ever hit you there. As such, those crashes are usually the driver’s fault, and simply proving that they hopped the curb or drove off the drivable roadway will often be sufficient to show they were at fault.
Pedestrians could be responsible for a crash that happens in the roadway if they stepped off the curb or walked into traffic. However, these kinds of crashes are rare.
The most common place for a crash is at a crosswalk, where signs and signals often govern who should go and when they should wait. So, for example, when a car has a red light, the pedestrians are free to use the crosswalk. If a driver hits you then, they are likely at fault. If you try to cross when they have a green light, they could be at fault. However, drivers should also yield to pedestrians in the crosswalk when making a right on red.
Ultimately, whoever broke the law will usually be at fault. In cases where everyone was doing what they were supposed to do, a crash is unlikely to occur in the first place. If there was no explicit violation of the law, then any unreasonable acts could also supply fault – such as failing to look where one is driving.
Damages for Injured Pedestrians in Peachtree Corners, GA
If you were hit by a car, you could face severe injuries and other damages. Many of the damages you can claim in your case will cover the physical pain, discomfort, and mental/emotional distress of the injuries. Others will pay you back for the economic harms you faced.
“Pain and suffering” is the catch-all term to cover all of these intangible damages – physical, mental, and emotional experiences you cannot prove with paperwork or receipts. These damages stem generally from any injury and can be claimed for any injury case.
Other damages can be paid to cover the economic issues the accident caused you, such as covering any wages you missed because of your injury and paying for your medical care. These damages are often high for injured pedestrians, and calculating some of them can be difficult. It is best to work with a lawyer for help.
Often, non-economic damages like pain and suffering will be based on the total economic damages, applying some multiplier based on the severity of your injuries. Other times, it makes more sense to calculate a per diem rate for your pain and suffering.
Call Our Peachtree Corners Pedestrian Accident Attorneys Today
Call Howe Law today at (844) 876-4357 for a free case review with our pedestrian accident lawyers.
