Atlanta Pedestrian Accident Attorney
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.
At Ponton Law, our Atlanta pedestrian accident attorney is a zealous and effective advocate for injured victims and their families. With extensive experience fighting on behalf of people—not big insurance companies—our legal team knows how to get results. If you or someone you care about was hurt in a pedestrian crash, professional support is available. Please review some of the many questions asked by our clients and if you need help please call our Atlanta law office today to set up a free consultation with a top-rated Georgia pedestrian accident lawyer.
Pedestrian Safety Remains a Serious Issue in Georgia
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.
Pedestrian Accidents Often Lead to Severe or Catastrophic Injuries
Pedestrians are inherently exposed. With limited protection, pedestrians may suffer severe or even catastrophic injuries in a collision. We are qualified to handle all types of pedestrian accident cases. No matter the severity of your trauma, our Atlanta personal injury lawyer is ready to fight for your rights.
The most common pedestrian accident injuries include:
- Lacerations;
- Scarring;
- Sprains and strains;
- Broken bones;
- Torn ligaments;
- Traumatic brain injuries (TBIs);
- Amputations; and
- Spinal cord damage.
A Negligent Driver Can Be Held Liable for a Pedestrian Accident in Georgia
Georgia is an at-fault motor vehicle accident jurisdiction. This standard applies to the full range of crashes—including pedestrian accidents. 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.
- Failure to obey school zone laws
- 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.
Third Parties May Also Be Liable for a Pedestrian Accident in Georgia
Drivers are not the only party that can be held at fault for a pedestrian collision. Indeed, any party that bears fault for a pedestrian crash can be held legally responsible for the victim’s injuries.
Third-Party Negligence
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.
What is the Statute of Limitations for a Pedestrian Accident?
You have a limited amount of time to file a pedestrian accident lawsuit. In Georgia, the statute of limitations for a pedestrian injury is two years from the date of the crash. You do not want to fall behind the insurance company in the claims process. Consult with a top Atlanta pedestrian accident lawyer as soon as possible after a serious crash.
We Help Injured Pedestrians Maximize their Financial Compensation
If you or your loved one was hurt in a pedestrian crash, it is imperative that you get access to every dollar of financial compensation that you need to pay your bills and support the people in your life. Even when liability is clear, the big insurance companies will try to settle your pedestrian accident claim for the lowest amount of compensation possible. Our Atlanta pedestrian accident attorney goes above and beyond to help victims maximize their settlement or verdict. Recovery may be available for:
- Emergency medical treatment;
- Hospital bills;
- Other health care costs;
- Lost wages;
- Loss of earning power;
- Pain and suffering;
- Scarring or disfigurement;
- Disability or impairment; and
- Wrongful death.
How Atlanta Pedestrian Accident Lawyer James T. Ponton Can Help
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 accidents and pedestrian accident litigation, helping plaintiffs to obtain the compensation that they deserve.
We provide proactive, results-focused support. When you call our Atlanta office, you will have a chance to speak to an Atlanta pedestrian accident lawyer who can:
- Listen to your story, answer questions, and explain the personal injury claims process;
- Initiate a comprehensive investigation of your pedestrian collision;
- Handle the legal paperwork and any correspondence from insurance adjusters; and
- Take whatever action is needed to get justice and the maximum possible compensation.
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.
Atlanta Pedestrian Accident Lawyers – Free Consultation
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) 418-8501 to connect with one of our experienced Atlanta pedestrian accident attorneys today. During your free initial consultation, we will assess your injury claims and help you determine whether and how to move forward with litigation. We represent injured pedestrians in Atlanta and throughout North Georgia, including in Fulton County, Cobb County, and DeKalb County.
Commonly Asked Questions and Answers Related to Pedestrian Accidents
Q: What should I do immediately after a pedestrian accident? A: Seek medical attention for any injuries, call the police to report the accident, gather information from the driver and witnesses, and take photos of the scene.
Q: How can I prove the driver was at fault in a pedestrian accident? A: Gather evidence such as witness statements, traffic camera footage, photos of the scene, and the police report. This can help establish the driver’s negligence.
Q: Can I file a personal injury claim if I was partially at fault for the accident? A: In Georgia, yes. The state follows modified comparative negligence, meaning you can still seek compensation as long as your fault is less than 50%.
Q: What damages can I claim in a pedestrian accident case? A: You may be eligible for compensation for medical expenses, lost wages, pain and suffering, rehabilitation costs, and more.
Q: Is there a time limit for filing a pedestrian accident lawsuit in Georgia? A: Yes, the statute of limitations is two years from the date of the accident. Failing to file within this time frame may result in losing the right to seek compensation.
Q: Can I still pursue a claim if the driver fled the scene (hit-and-run)? A: Yes, you may be able to seek compensation through your own uninsured motorist coverage or other legal avenues.
Q: Should I talk to the insurance company without a lawyer after a pedestrian accident? A: It’s advisable to consult with a pedestrian accident lawyer before speaking to the insurance company. We can help protect your rights and negotiate on your behalf.
Q: What if the pedestrian accident resulted in a wrongful death? A: The surviving family members may have the right to file a wrongful death lawsuit seeking compensation for their loss.
Q: What are common causes of pedestrian deaths in traffic accidents? A: Common causes include distracted driving, speeding, failure to yield, and impaired driving.
Q: Can family members of a pedestrian who died in a traffic accident file a lawsuit? A: Yes, family members may file a wrongful death lawsuit seeking compensation for their loss.
Q: What types of injuries are considered serious in a pedestrian accident? A: Serious injuries may include traumatic brain injuries, spinal cord injuries, fractures, and severe lacerations.
Q: How can I prove the severity of my injuries in a pedestrian accident case? A: Medical records, expert testimony, and documentation of ongoing treatment can help establish the severity of injuries.
Q: Who is responsible for paying my medical bills after a pedestrian accident? A: The at-fault party’s insurance may cover your medical bills, or your own insurance may be used, depending on the circumstances.
Q: Can I claim compensation for future medical bills in a pedestrian accident lawsuit? A: Yes, you may be eligible to claim compensation for anticipated future medical expenses resulting from the accident.
Q: What should I do if I am a pedestrian accident victim? A: Seek medical attention, report the accident to the police, gather evidence, and consult with a pedestrian accident attorney at Ponton Law.
Q: How can an attorney help pedestrian accident victims in the legal process? A: An attorney can help gather evidence, negotiate with insurance companies, and file a lawsuit if necessary to seek compensation for victims.
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