We Fight for the Rights of Pedestrian Accident Victims in East Point, River Park & Fulton County Areas

East Point Pedestrian Accident Lawyer

East Point is considered to be fairly walkable, particularly the downtown area, which has a very historic character. Many people choose to walk to their destinations and while running errands in order to get more exercise and reduce their carbon footprint. Unfortunately, pedestrians are not always safe when they are out walking. Negligent drivers can crash into them and leave them with some of the most catastrophic injuries or even death and prompting wrongful death claims. 

If you or someone you love has been hurt in an accident, you may have legal options for claiming compensation with our pedestrian accident lawyers. Our East Point pedestrian accident lawyer will make sure your rights are upheld so you obtain the full and fair damages you are entitled to.

What Causes Pedestrian Accidents in East Point?

The majority of pedestrian accidents in East Point are caused by driver negligence. Driving under the influence, texting while driving, and speeding are just a few of the negligent driving behaviors that can cause a pedestrian accident. Under the law, motorists also have a duty to yield to pedestrians when they are in crosswalks. Unfortunately, not all motorists comply with the law. In fact, some motorists even become aggressive and impatient towards pedestrians. They may fail to wait until a pedestrian has crossed to the other half of the road, or speed through crosswalks, hurting pedestrians as they do.

It is also important to note that the state does not have a jaywalking law in the Georgia Code. As such, pedestrians have a right to cross the street even when there is not a crosswalk. Motorists must try to avoid pedestrians in these instances, while those on foot also have a responsibility to look both ways and ensure the right of way is clear before crossing. 

Comparative Negligence in Pedestrian Accident Cases

Contrary to what many people believe, motorists are not always automatically liable for a pedestrian accident in East Point. While most of these crashes are the fault of negligent drivers, pedestrians can also be found at fault. For example, a pedestrian may fail to ensure there are no vehicles approaching before they cross the street outside of a crosswalk. Instead, they simply dart out into the street and become hurt.

When a pedestrian is found to be partly at fault for an accident, the comparative negligence law of the state will apply. Georgia follows a modified version of comparative fault, meaning that accident victims can still claim damages as long as they are found to be less than 50 percent at fault for a crash. If a pedestrian carries 50 percent or more of fault for an accident, they are barred from claiming any compensation at all.

Even if you are found to be less than 50 percent at fault for the accident, any damages you are awarded will be reduced by your same percentage of fault. For example, if a motorist was assigned 80 percent of fault for speeding and you were assigned 20 percent of fault for running out into the road, your damages will be reduced by the same 20 percent of fault. 

Many insurance companies try to shift the blame to pedestrians in personal injury case in order to protect their profits and avoid paying full compensation for your medical bills and other bills for your pedestrian accident case. Even if you were not in any way at fault, the insurance company will likely say that you were. An East Point pedestrian accident lawyer at our law firm can refute these personal injury claims so you obtain the full and fair compensation you deserve.

Compensation Available After a Pedestrian Accident

Pedestrians are very vulnerable when they are out walking. They do not have any protection and so, when motorists crash into them, they suffer some of the most serious injuries. You can claim compensation with an East Point, GA pedestrian accident lawyer for these injuries and your other losses, including:

• Current and future medical expenses
• Lost income, bonuses, and employment benefits
• Loss of earning future capacity if you cannot return to the same line of work and must earn a lower income
• Property damage if personal items, such as your cell phone, was damaged during the crash
• Pain and suffering
• Permanent scarring, disfigurement, or disability
• Wrongful death damages, if you lost someone you love due to a pedestrian accident

Determining the full compensation you deserve after a pedestrian accident can also become complicated, particularly when trying to value damages that do not have a quantifiable value. An East Point pedestrian accident lawyer will know how to accurately value your claim so you receive compensation for all of your losses.

When to File a Pedestrian Accident Claim With an East Point and Atlanta Pedestrian Accident Lawyer

It is important to speak to an attorney as soon as possible after a pedestrian accident. Your lawyer will have to conduct a thorough investigation into your case to determine how it occurred and who is liable. Your lawyer will also collect evidence that strengthens your claim, such as photos of the accident scene and obtaining expert witness testimony. All of this takes time and so it is important that you contact a lawyer soon afterwards so they can start working on your case.

Additionally, soon after a pedestrian accident, your memories may start to fade. Evidence could be lost or destroyed and eyewitnesses may also not fully remember the facts after a crash. Speaking to a lawyer right away can avoid these factors that will make filing your claim more complex.

There is another reason to speak to an attorney soon after an accident. Pedestrian accident claims, like other types of personal injury cases, are governed by the statute of limitations, or a time limit. In these cases, you have just two years from the date of the accident to file your claim. If you fail to file your claim within this time, you will be barred from receiving any compensation at all. Although there are some exceptions to the statute of limitations for pedestrian accident attorney, they are quite limited.

Call Our Pedestrian Accident Lawyer in East Point for Legal Help

At Ponton Law, our East Point pedestrian accident lawyer and legal team is dedicated to helping injured individuals obtain the full damages they deserve and we will put this experience to work for you, too, for your personal injury claim. Call us now at (404) 445-1403 or fill out our online form to schedule a free review of your case and to learn more about your legal option with our pedestrian accidents lawyer.