Contrary to popular belief, pedestrians are not immune to being liable for an accident. The rules of the road also apply to pedestrians, and they must comply with them just the same as any driver. Accidents involving pedestrians can become complicated. A car accident lawyer can help you assess the situation and figure out who is at fault.
Car accidents involving pedestrians are deadly for all parties involved. A pedestrian can get severely injured if struck by a vehicle, and the occupants of the vehicle can crash, trying to avoid hitting the pedestrian. Either situation can lead to catastrophic injuries. Both the pedestrian and the driver have a duty of care for each other. When one party neglects that duty of care, accidents occur.
Our Atlanta car accident lawyers are ready to help. If a pedestrian caused your accident, you can pursue compensation under the law. Learn more about all of your legal options with us through a free consultation. Call us today at (404) 341-6555.
How to Handle an Accident a Pedestrian Caused
After an accident occurs, make sure you and everyone involved are safe and uninjured with immediate life-threatening injuries. Once everyone is safe, start collecting evidence and information. Get information from everyone involved, such as phone numbers, insurance policy numbers, etc. Take photos of the accident, property damage, injuries, and license plates. Double-check the area and see if any surveillance cameras caught footage of what occurred. If there are any witnesses, get their information and a statement about what they saw happen.
It is also important to contact the police after an accident. The police will make a report of the accident. You can request a copy of the report once it gets filed and use its contents as evidence for your claim.
The reason why you want to collect evidence is that as a driver, you are more likely to get blamed for the accident than a pedestrian. When you contact the police to document the accident, never admit fault for anything. Speak to a lawyer first and learn about the next steps to take for your case.
Laws Regarding Pedestrians
According to the Georgia Governor’s Office of Highway Safety, there are several laws in the Georgia State Code that pedestrians must follow:
- Pedestrians are not allowed to suddenly leave the curb to walk or run in the path of a vehicle.
- Pedestrians must walk on the sidewalks. If no sidewalks are present, they must walk as close to the shoulder as possible.
- Pedestrians need to follow traffic signals to cross the street.
- Pedestrians must use designated crosswalks. If crosswalks are not available, they must yield to oncoming traffic.
These rules exist to save the lives of both pedestrians and drivers. While drivers have plenty of rules and regulations regarding pedestrians, pedestrians must also exercise caution. Negligent pedestrians that show blatant disregard for these rules can get held liable for an accident.
Types Of Damages You Can Get Compensation For
There are many damages you can get compensated for. Some of them include:
- Medical expenses, hospital visits, prescriptions, etc.
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
- Lost wages
- Vehicle repairs or vehicle replacement
- Property damages
Remember to document any expenses and keep all your receipts. These will become necessary when you have to prove the value of your damages. In addition, you can pursue exemplary damages if a pedestrian was particularly negligent or acting out of malice. There have been instances where pedestrians will intentionally cause accidents on the road either for insurance fraud or other malicious reasons. Accidents caused this way can have serious repercussions physically and financially for the victims involved.
Statute of Limitations
The Official Code of Georgia Annotated (OCGA) §9-3-33 states that you have two years to file a claim for personal injury due to an accident. Two years can pass quickly for many people. Do not delay to file a claim. It is best to file while your case is strong.
Evidence weakens over time, and many have lost their ability to file claims for their accidents due to subpar evidence or missing the deadline. Essential documents can go missing, memories can fade, and critical details can become inconsequential as time moves forward. Missing your window of opportunity means you will have to pay out of pocket for your damages. Do not pay for damages caused by the negligence of others by seeking assistance from a lawyer to start your claim as soon as possible.
Reach Out to a Car Accident Lawyer Today
Accidents involving pedestrians are messy. You do not have to navigate through an unclear legal landscape alone. Talk to an Atlanta car accident lawyer today to get started on pursuing compensation for your damages. We will fight to get you a fair settlement. Insurance companies will rarely offer you a settlement that appropriately reflects your damages. Allow us to negotiate on your behalf.
If we do not win your compensation, you do not pay us anything. We charge no upfront fees. Our main goal is to remove the burden of a legal battle from you so you can focus on healing. For a no-risk, free consultation with one of our attorneys, contact us today at (404) 341-6555.