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Experienced Marietta Pedestrian Accident Attorney Fighting for Your Rights
At Ponton Law, our Marietta pedestrian accident lawyer is a passionate, experienced advocate for justice. Our law firm is committed to protecting the rights and interests of injured victims—not the large insurance companies. If you or your loved one was hurt in a pedestrian crash, we are here to help. Contact us today to set up your no-cost, no-commitment initial consultation with a Georgia pedestrian injury attorney.
Georgia has One of the Worst Pedestrian Safety Records in the United States
Unfortunately, pedestrian accidents are a serious public health problem in Georgia. The National Highway Traffic Safety Administration (NHTSA) reports that Georgia had the 8th highest pedestrian fatality rate of any state in 2021. The collisions affect all communities, including Marietta. Many factors contribute to our region’s pedestrian safety problem, including:
- Inadequate crosswalks;
- Poorly lit streets;
- Distracted driving; and
- Other forms of driver negligence.
Pedestrian Collisions Can Lead to Severe and Catastrophic Injuries
Pedestrians in Marietta are exposed. Even when a relatively low-speed crash occurs, a pedestrian can sustain truly devastating harm. It is crucial that all pedestrian accident injuries are immediately evaluated and treated by a licensed physician. By promptly seeing a doctor, you will not only protect your health and safety, you will also put yourself in the best possible position to bring a personal injury claim. Our firm handles the full spectrum of pedestrian crashes in Marietta. Some of the most common pedestrian accident injuries include:
- Lacerations and Abrasions: The force of the impact and the subsequent fall associated with a pedestrian crash can lead to deep cuts or road rash. While these injuries might sometimes appear superficial, they carry a risk of infection or significant scarring.
- Soft Tissue Injuries: Soft tissue damage encompasses sprains, strains, and tears to muscles, ligaments, and tendons. While they might not be immediately life-threatening, they can cause long-term pain, discomfort, and mobility issues.
- Traumatic Brain Injuries (TBI): TBI can vary from mild concussions to severe brain damage. The pedestrian might hit their head on the vehicle or the ground. Symptoms might include headaches, nausea, memory problems, and changes in mood or behavior. Severe cases can lead to lifelong cognitive and physical impairment. All brain injuries require immediate medical attention.
- Fractured or Broken Bones: Broken bones are common in pedestrian accidents. These injuries can range from minor fractures that heal relatively quickly to more severe compound fractures or shattered bones that require surgical intervention.
- Internal Injuries: The impact can cause damage to internal organs, leading to internal bleeding. Organs like the liver, spleen, or kidneys might be damaged, which could be life-threatening if not detected and treated promptly.
- Spinal Cord Damage: Damage to the spinal cord can result in paralysis, either partial (paraplegia) or full (quadriplegia). Such injuries might require long-term care and rehabilitation. Spinal cord damage is always a serious medical emergency.
Who is Liable for a Pedestrian Crash in Marietta?
To start, it is crucial to know that Georgia uses a fault-based liability system to govern pedestrian accidents. In effect, state law holds that the party found to be at fault can be held responsible for compensating the injured victim. A comprehensive investigation of all pedestrian collisions in Marietta is a must. Determining liability involves assessing whether a party behaved carelessly or recklessly, leading to the accident. Potential parties that could be named as a defendant in a pedestrian crash in Marietta include:
- The driver of the vehicle involved;
- The entity responsible for road design and maintenance (roadway defect);
- Manufacturers of faulty vehicle components;
- Property owners, if hazards on their property contributed to the accident; and
- Any other party whose negligence or actions may have played a role in the accident.
As an example, imagine that a driver failed to yield the right of way to a pedestrian at a crosswalk in Marietta. That driver may be deemed to be negligent. As such, they could bear legal responsibility for the resulting collision.
What Pedestrians Should Know About Comparative Negligence in Georgia
Under Georgia law (O.C.G.A. § 51-11-7), personal injury claims—including pedestrian accidents—are subject to a modified comparative negligence standard of liability. An injured pedestrian could be held partially responsible for their own accident. If this occurs, it is still possible for the injured pedestrian to recover financial compensation. However, their recovery would be reduced in proportion to the degree of fault. For instance, imagine that a pedestrian suffered $30,000 in damages in a crash in Marietta. If they were deemed 20 percent liable for their own crash, they would bear 20 percent of the blame for their own damages ($6,000). Being held partially at fault for your own pedestrian crash could take thousands of dollars out of your own settlement or verdict. A Marietta, GA pedestrian accident lawyer will protect your rights.
Understanding the Statute of Limitations for a Pedestrian Injury Claim in Georgia
Pedestrian accident injury claims are subject to strict legal deadlines. In Georgia, understanding the statute of limitations for a pedestrian injury claim is crucial to preserving your rights. As a general rule, the injured victims have two years from the date of the accident to file a personal injury lawsuit. There are very limited exceptions to the deadlines. If the period elapses without filing a claim, they may not be able to bring a claim at all. Be proactive: Consult with a Marietta, GA pedestrian accident attorney as soon as possible after a serious crash. You do not want to fall behind the defendant or the insurance company in the pedestrian accident claims process.
We Fight to Help Injured Pedestrians in Marietta Secure the Maximum Compensation
Following a pedestrian crash in Marietta, it is imperative that you are able to secure the absolute maximum financial compensation. In Georgia, injured pedestrians may be entitled to monetary damages for economic damages and non-economic losses. However, insurance companies are not known for making things easy—it is in their interest to settle claims for less. At Ponton Law, our Marietta pedestrian accident lawyer goes above and beyond to help our clients maximize their settlement or verdict. You may be eligible to recover compensatory damages for:
- Emergency medical treatment;
- Medical bills and other damages;
- Physical therapy and rehabilitative care;
- Loss of wages and loss of earning power;
- Pain and suffering;
- Disability or disfigurement; and
- Wrongful death of a family member.
How Marietta Pedestrian Accident Lawyer James Ponton Can Help
Navigating the aftermath of a serious pedestrian crash in Cobb County is never easy. The right lawyer can make the difference. Our founder and lead attorney James T. Ponton is a former insurance company defense lawyer. Mr. Ponton uses his unique skills, experience, and insight into the claims process to protect the rights and interests of injured victims. We are proactive every step of the way. Among other things, our Marietta pedestrian accident attorney is ready to:
- Hear your story and answer questions about your personal injury claim;
- Investigate the pedestrian crash—gathering evidence to prove liability and damages;
- Handle the insurance claims process, including settlement negotiations; and
- Develop a focused strategy to help you secure the maximum financial compensation.
Contact Our Marietta Pedestrian Accident Attorney Today
At Ponton Law, our Marietta pedestrian accident attorneys are tireless, results-focused advocates for victims and their family members. Hurt in a pedestrian collision? We are here as a legal resource. Call us now at (404) 418-8507 or contact us online to set up a free, no-obligation consultation. Our firm fights for injured pedestrians in Marietta, Cobb County, and all across North Georgia.