Pedestrian accidents account for a significant percentage of total injury-causing traffic incidents in Georgia and the United States at-large. According to a recent study conducted by the Governor’s Office of Highway Safety (OHS) in Georgia, pedestrian traffic deaths comprised 13.5 percent of total traffic fatalities in the state, with 193 pedestrians killed in motor vehicle collisions in 2015 alone. The OHS has recognized that the problem stems from a range of factors — both driver-related and policy-related — that include fundamental issues such as urban growth and development projects not adequately considering pedestrian traffic.
Atlanta-area pedestrians are uniquely vulnerable when it comes to motor vehicle collisions, as there is no material or safety mechanism through which the impact forces can be minimized. A pedestrian victim must bear the full force of the collision, thus exposing them to serious risks of life-altering injury. As such, drivers must be especially careful to ensure that they do not breach their duty of reasonable care when operating their vehicles on roadways with pedestrian traffic.
In a large portion of pedestrian accidents that occur in Atlanta and throughout Georgia, the blame primarily rests with the driver. Common acts of driver-related negligence include, but are not necessarily limited, to:
- Distracted driving
- Driver under the influence of drugs or alcohol
- Excessive speeding around pedestrians
- Failure to properly maintain vehicle (leading to mechanical failure)
- Failure to yield to pedestrian right-of-way
- And more
As an injured pedestrian, however, you may find that the driver is not exclusively at-fault for your injuries — other parties could also be held liable for contributing to your injuries. This is beneficial from a strategic perspective, too, particularly in scenarios where the defendant-driver does not have adequate insurance coverage. Bringing in other defendants will enable you to recover a portion of your damages for parties who are financially solvent and have sufficient insurance coverage.
In many pedestrian accident cases, a third-party may be held liable. Potentially liable third-parties include, but are not necessarily limited, to the:
- Vehicle manufacturer
- Owner/possessor of property on which the accident occurred
- Individual or entity responsible for maintaining adjacent property that relates to safe roadway conditions (i.e., tree inspectors, lighting repairmen, etc.)
- Other pedestrians, bicyclists, and drivers that create an unsafe roadway environment for pedestrians
- Third-party liquor-seller who supplied the driver with alcohol
- And more
For example, if you are injured by a driver in a public crosswalk, you may be entitled to sue and recover damages from the City for failing to maintain the crosswalk in a reasonably safe condition for pedestrians — particularly if you can show that there were dangerous conditions of property, such as inadequate lighting or faulty signals.
Schedule a Free Consultation With an Atlanta Pedestrian Accident Attorney
Attorney James Ponton formerly worked as insurance defense counsel in personal injury litigation prior to switching sides in 2008. For nearly a decade now, Attorney James Ponton has represented the injured in motor vehicle accident and pedestrian accident litigation, helping plaintiffs to obtain compensation that they deserve. With experience as both a plaintiff-side litigator and as defense counsel, he is well-equipped to effectively navigate the challenges that you are likely to encounter on the road to a favorable resolution.
Here at Ponton Law, our track record speaks for itself. Attorney James Ponton has been selected four times by his legal peers as a Georgia Rising Star, and has helped clients obtain millions in compensation over the years.
Are you a pedestrian who was injured due to the fault of another? Georgia law may entitle you to compensation for your injuries. Call (404) 418-8507 to connect with an experienced Atlanta pedestrian accident attorney today. During your free initial consultation, we will assess your injury claims and help you determine whether and how to move forward with litigation.