Brookhaven Pedestrian Accident Attorneys: Your Rights in Georgia

In 2020, the City of Brookhaven adopted a new ordinance designed to help protect pedestrians and other “vulnerable road users” such as bicyclists and scooter riders from accidents caused by motor vehicles. The ordinance requires anyone operating a motor vehicle–i.e., a car or truck–to maintain a distance of at least 3 from a pedestrian at all times. A motorist must also yield the right of way to a pedestrian before making a turn at an intersection.

Such safety measures are necessary due to the ongoing risk of death or serious injury to pedestrians throughout DeKalb County and the greater Atlanta metropolitan area. If you have ever tried to cross a busy intersection, you likely know this danger all too well. No matter how careful you are in looking both ways, as a pedestrian you are always at the mercy of a reckless or negligent driver.

If you or someone that you care about has been harmed in a pedestrian accident, it is crucial that you seek out timely legal advice. The Brookhaven pedestrian accident attorneys at Ponton Law can review your case and represent you in seeking compensation from the negligent driver, their insurance company, and any other third parties who may be legally responsible for your losses. We understand the difficulties that pedestrian victims face when recovering from a serious crash, which is why we will make every effort to obtain civil justice on your behalf.

What Are the Most Common Causes of Pedestrian Accidents in Brookhaven, Georgia?

It seems like the streets are becoming more and more dangerous with each passing year. According to the State of Georgia’s own official statistics, there were over 300 pedestrians killed in traffic accidents in 2021. Nearly 2,400 more pedestrians were seriously injured and required hospitalization. Just the emergency room medical bills alone for these victims exceeded $180 million.

Perhaps not surprisingly, more than half of all pedestrian accidents occur in the City of Atlanta and its surrounding region, which include smaller cities like Brookhaven. Some of the more common factors associated with these pedestrian accidents include:

• Distracted Driving: A motorist who is looking at their phone, fiddling with their radio, or talking to passengers is not keeping their full attention on the road. Such distracted driving significantly increases the risk that the motorist will strike a pedestrian.
• Failing to Yield: State and local laws require motorists to yield to pedestrians who are lawfully in a crosswalk at an intersection. Unfortunately, some motorists ignore the law and end up hitting a pedestrian who, as a matter of law, had the right of way.
• Speeding and Aggressive Driving: Speeding is reckless for many reasons. Notably, the faster a driver is going, the longer it takes for them to come to a safe stop or avoid an obstacle in their path, such as a pedestrian. Other aggressive driving behaviors similarly place pedestrians at unnecessary risk of serious injury or death.
• Driving Under the Influence: Pedestrians are especially vulnerable to drunk drivers. Many motorists under the influence of alcohol–or drugs–simply lack proper awareness of their surroundings.

Although Georgia is an “at-fault” state when it comes to pedestrian accidents, it also follows a modified comparative negligence rule in establishing fault. Basically, if you sue a driver for causing your pedestrian accident, they can turn around and try to argue that your own actions contributed to what happened. For example, a driver could claim you were in the crosswalk illegally or that you ran out into the middle of traffic.

In some cases, comparative fault can bar a pedestrian from recovering any compensation. A court must reduce any award of damages based on your share of the fault, if any. But your share must be less than 50 percent, otherwise the defendant owes you nothing.

What Compensation Can You Receive Following a Pedestrian Accident in Brookhaven, Georgia?

It is quite common for pedestrians to sustain serious if not catastrophic or fatal injuries in an accident. Obviously, a pedestrian has no protection from a car or the outside elements. Consequently, a negligent driver can be held responsible for all of a pedestrian’s financial and other losses arising from an accident. Such compensation, known as damages, includes the following:

• Medical Bills: The negligent driver–or more often, their insurance company–must compensate a pedestrian for all of their past and future medical bills. An award of future expenses is generally based on expert assessments of the long-term care that the victim will require for the remainder of their life.
• Lost Income: Even in non-catastrophic pedestrian accidents, the victim may be forced to take time away from their job to seek medical care and recuperate. A negligent driver can be held responsible for the pedestrian’s lost wages and other income. If the injuries are serious and/or permanent, such damages may also cover the pedestrian’s estimated diminished earning capacity.
• Pain and Suffering: It is impossible to quantify a person’s ongoing pain and suffering. But a judge or jury can award what are known as non-economic damages as a form of compensation for such pain and suffering, both past and future. Such damages may also compensate a pedestrian for other difficult-to-quantify losses, such as their inability to resume normal activities of daily living.

Although Georgia law requires all motorists to have auto insurance, most drivers only carry the bare minimum of coverage, which is just $25,000 for personal injury caused to one victim. In the case of a pedestrian accident, this is often insufficient. But there are often other potential avenues for seeking additional coverage, such as the pedestrian’s own uninsured/underinsured motorist policy or a commercial general liability policy, which can cover accidents caused by vehicles used by a business.

Contact Our Brookhaven Pedestrian Accident Attorneys Today

Nobody expects their life to change forever when they are simply walking across the street. But if the worst does happen, remember that you do not have to deal with the aftermath alone. Our Brookhaven pedestrian accident attorneys are here to learn more about your case and advise you on how to seek compensation for your injuries. Contact Ponton Law today to schedule a free case evaluation.