Like other major U.S cities, Atlanta is filled with pedestrians walking to work, school, shops, and other locations. Unfortunately, the high-traffic roads and lack of sidewalks in Atlanta contribute to an extremely high rate of pedestrian accidents. The National Complete Streets Coalition ranked Atlanta as the eighth most dangerous metro area for pedestrians. Seek justice with Atlanta’s leading pedestrian accident lawyers. Expertise in securing compensation. Call now for a free case evaluation.
You shouldn’t have to feel unsafe when crossing the street, and drivers are obligated to pay attention. If you were injured or lost a loved one in an Atlanta pedestrian accident, contact the experienced personal injury lawyers at Steinger, Greene & Feiner. We will hold at-fault drivers accountable for the damage and injuries they cause, and we will ensure you receive the compensation you need to recover and move forward with your life.
Pedestrian Accident Laws in Georgia
According to Georgia law, pedestrians have the right of way when they are in a crosswalk and obeying a walking light. Even if a pedestrian is outside of a crosswalk, the driver may still have to yield. Drivers should always be paying attention, and pedestrians are not at fault for accidents in many cases.
To protect themselves, pedestrians should follow pedestrian safety tips, but there’s not much they can do to avoid drivers who run red lights or turn right on red without yielding to pedestrians who are lawfully crossing the street. But if pedestrians cross against a light or outside of a crosswalk, they might share the blame for an accident. Still, drivers must watch the road, follow all traffic laws, and take care to prevent any reasonably avoidable accident.
Georgia is a comparative negligence state, as outlined in Georgia Code § 51-12-33. This means that if you are found to be partially at fault for the accident, the amount of compensation that you can receive will be reduced. If you are found to be 20% responsible for the accident, you can only recover 80% of your personal injury claim’s value. If you’re found to be more than 50% responsible for the accident, you will no longer be eligible for compensation.
Jaywalking in Georgia
Jaywalking is not prohibited by law in Georgia, but that doesn’t mean pedestrians can or should engage in negligent behavior on the road. Both drivers and pedestrians have to be careful and share the road. Pedestrians are expected to yield to traffic, and drivers have to pay attention to pedestrians by not engaging in negligent behaviors like:
- Distracted driving
- Drunk driving
- Aggressive driving
- Reckless driving
- Drowsy driving
Proving Liability in Pedestrian Accidents
If a pedestrian is injured in an accident that wasn’t their fault, they can file a claim against the driver and argue that they engaged in negligent behavior. Under Georgia law, there are three things a plaintiff (victim) must prove to recover damages in a personal injury claim:
- Duty: The plaintiff must show that the at-fault driver had a duty to follow traffic laws or the “rules of the road.”
- Breach: the plaintiff must show that the at-fault driver breached this duty to operate their vehicle safely or “failed to exercise ordinary care”
- Causation: The plaintiff must show that they suffered serious injuries as a result of the at-fault driver’s breach of duty.
Common Causes of Pedestrian Accidents in Atlanta
Pedestrian accidents are unique in that many factors contribute to them, and the number of accidents has been increasing drastically in the last few years.
One factor is that more people are choosing to walk or ride rideshare scooters to work and other places every day, and this is taking place in many car-centric cities like Atlanta. A lack of formal sidewalks makes navigating roads dangerous for pedestrians, and busy roads with lots of traffic only make things worse. Heavy traffic can lead to frustration and aggressive driving.
Additionally, the popularity of SUVs and pickup trucks means there is a higher number of larger, heavier cars on the road that can potentially strike pedestrians. Combined with the prevalence of distracted driving, these factors can easily be deadly. Newer cars have GPS devices and dashboard displays built-in, but these still divert a driver’s attention, and smartphones remain an even more serious distraction. Cell phone use while driving is illegal, but many drivers still break the law.
Drunk driving, speeding, and tired driving also contribute to pedestrian accidents just like they do any other auto accident. Some other causes include failing to stop or failing to yield at an intersection or stop sign, or bad road conditions like defective lights, debris, and more.
Types of Injuries in Pedestrian Accidents
The types of injuries suffered in pedestrian accidents can be catastrophic and often fatal. Even accidents that occur at low speeds can cause life-changing injuries.
Some injuries caused by pedestrian accidents include:
- Broken bones
- Torn ligaments and joint damage
- Amputations
- Road rash
- Head trauma, including concussions or brain injuries
- Spinal cord injuries and paralysis
- Internal organ damage
- Internal bleeding
- Death
The Role of an Atlanta Pedestrian Accident Lawyer
Hiring a pedestrian injury lawyer can help you maximize your chances of receiving fair compensation after an accident and focus on healing from your injuries.
An Atlanta pedestrian accident lawyer will:
- Establish that the negligent party owed you a duty of care
- Speaking with all parties involved in the accident and their representatives
- Collecting evidence that establishes the defendant’s fault and your damages and injuries, such as a police report
- Initiating legal action by filing insurance claims
- Negotiating with the liable party’s representatives for a fair settlement offer
- Taking your case to trial if necessary
When selecting an attorney for your case, you should look for one who has substantial experience handling pedestrian accident cases and bringing them to trial if necessary. An experienced attorney will protect you from the tactics insurance companies use to lowball settlement offers. You shouldn’t speak to an insurance company without speaking to a lawyer first, and you definitely shouldn’t accept a settlement that’s offered to you right after an accident. Insurers will record all calls and other communication and try to twist what you say to blame you for the accident. Additionally, if you sign a settlement agreement, you will likely lose the chance to recover additional compensation.
Client Testimonials
Our former clients report complete satisfaction with the way we handled their cases. Hear why we’re the leading personal injury firm in Atlanta.
“Amazing team, they took the reins and guided us through a life-changing situation that we would have never been able to do ourselves.” —Nichole E.
“I reached out to the Law Firm Steinger, Geene & Feiner, I was very impressed with their response time, their attention to my needs and details was exceptional. I had just been in an accident quite recently. The staff of representatives have assured myself that they will do everything in their power to help and they have done just that. I recommend anyone who has been involved in an accident of any kind where they have received bodily injury, to consider contacting Steiner, Greene & Feiner. This Law Firm is awesome. I am very proud to be represented through such great and knowledgeable attorneys. I Thank You all at Steiner, Greene & Feiner. What a wonderful Law Firm!” —Earl F.
“I felt secure and reassured that their legal team would do all they can to help me in my time of need and uncertainty.” —Latoya C.
Compensation & Settlements in Pedestrian Accident Cases
You have the right to pursue compensation after a pedestrian accident, just like with any personal injury. You can seek restitution for both economic and non-economic damages.
Economic damages are losses that directly affect your finances. They include things like:
- Medical bills
- Anticipated future medical expenses
- Lost wages
- Loss of future earnings
- Property damage
Non-economic damages are losses that are more difficult to calculate. They include things like:
- Pain and suffering
- Developmental disability
- Loss of companionship
- Loss of enjoyment of life
- Mental anguish
- Disfigurement
- Loss of quality of life
The amount of compensation you can receive depends on the severity of your injuries. You also may be eligible for additional compensation if the at-fault driver was criminally negligent or drunk. This type of compensation is known as punitive damages, meant to punish the defendant for their actions. An Atlanta pedestrian accident lawyer can estimate a fair value for your case.
Navigating Insurance Claims After a Pedestrian Accident
The insurance company for the driver that hit you will start investigating the accident right away, and they will try to limit the recovery for the injured pedestrian to the lowest possible amount.
Right after an accident, the insurance company will take recorded statements from everyone involved, interview witnesses, take photographs, obtain the police report, and try to establish the extent of the victim’s injuries. The insurance company usually does all of this within the first week after the accident, and many of them do it within the first 24 hours. An insurance company’s goal is to settle with the injured pedestrian as quickly as possible in order to avoid responsibility for future medical expenses, lost wages, and other damages that may occur later.
Accident victims need to be aware of and resist these tactics. It can take months to completely assess a person’s injuries, and at that point, they may need surgery or other extensive treatment. The injuries can leave a victim permanently disabled even after surgery. The true value of a pedestrian accident claim can only be estimated after a doctor has provided a firm prognosis.
In Georgia, the statute of limitations to file a lawsuit on a personal injury claim for a pedestrian accident is two years from the date of the accident. Once you’ve filed a lawsuit, there is no need to rush to a settlement with a car, motorcycle, or truck company. However, an Atlanta pedestrian accident personal injury lawyer will do everything they can to secure you a fair settlement in a reasonable amount of time. Negotiations with insurance companies can take months in some cases.
Protect Your Rights With an Atlanta Pedestrian Injury Lawyer
If you were hit by a car, motorcycle, or truck in Atlanta, don’t wait to hire an attorney and get the compensation you deserve for your injuries. At Steinger, Greene & Feiner in Atlanta, our seasoned pedestrian accident attorneys will place a fair value on your case and fight with insurance companies to get you maximum compensation. We work in the best interest of our clients, and we charge no fees until we win your case.
Focus on your recovery and let us handle your case. Contact us today for a free, no-obligation case evaluation.