Atlanta Pedestrian Accident Lawyer

Pedestrian accidents in Atlanta leave individuals facing significant challenges. From physical injuries to financial burdens, the road to recovery also involves dealing with the legal system to ensure proper compensation that covers the costs related to your injuries and other damages. At Deming Parker, we have provided legal assistance since 1974, always tailored to the needs of those affected by personal injuries. By offering clear legal guidance and robust representation, our goal is to alleviate the burden of the legal proceedings, allowing you to focus on healing and moving forward.

Our Pedestrian Accident Attorneys in Atlanta Can Help You Seek Compensation

Whether you’ve been involved in a car accident, a motorcycle accident, truck accidents or any other type of motor vehicle incident, our personal injury lawyers in Atlanta can guide you through the legal system to ensure you receive the compensation you deserve for your injuries and other losses. 

Our approach begins with a thorough evaluation of your case, where we delve into the details of the accident and gather crucial evidence. This allows us to construct a robust case.

Then, understanding the complexities of personal injury law in Atlanta, our attorneys assess the full extent of your injuries (including both immediate and long-term impacts) and quantify your damages. We also recognize the hidden costs of pedestrian accidents, such as lost wages, potential future medical needs, and the emotional trauma associated with such events. We work to ensure all of these factors are factored into your compensation claim, advocating for a settlement that truly reflects the gravity of your situation.

Understanding the Prevalence of Pedestrian Accidents in Atlanta

Sadly, pedestrian accidents are far too common in the country, and Atlanta pedestrians are not exempt from these incidents. According to the National Highway Traffic Safety Administration (NHTSA), there were 7,388 pedestrian fatalities in 2021, a 13% increase from the previous year.

The statistics show us not only the urgency of prioritizing pedestrian safety but also the need to hold negligent drivers accountable, which is our main goal when dealing with these types of cases.

Determining Fault in Atlanta Pedestrian Injury Cases

Establishing fault in pedestrian accidents requires, on the one hand, a thorough understanding of Georgia’s traffic laws and other nationwide regulations that apply to your case. For example, the Georgia Code § 40-6-91 requires drivers to stop and remain stopped to allow pedestrians to safely cross the road within a crosswalk. The right of way in crosswalks is crucial in determining fault, but it’s only one of the factors to take into account.

Additionally, to determine fault is necessary to meticulously analyze each case. This involves examining the accident scene, witness testimonies, traffic camera footage, and police reports to accurately establish liability. Our attorneys leverage their deep understanding of negligence laws and insurance regulations to build a strong case that maximizes your potential compensation.

Are Pedestrians at Fault?

While drivers are often held responsible for pedestrian accidents, there are situations where pedestrians may be at fault. Common examples of situations where pedestrians might be at fault include:

• Jaywalking: Crossing the street outside of designated crosswalks or against traffic signals. According to Georgia laws, pedestrians are required to use crosswalks where available and yield the right of way to vehicles when crossing outside of marked crosswalks.
• Ignoring traffic signals: Entering the road when the pedestrian signal is red, thereby putting themselves in the path of oncoming vehicles.
• Walking along highways: Pedestrians walking on highways or restricted areas where pedestrian access is prohibited.
• Being distracted: Using mobile devices or headphones, which can lead to a lack of awareness of surrounding traffic, increasing the risk of accidents.

If you are unsure about your portion of fault in the accident, we invite you to discuss your case with a personal injury lawyer at Deming Parker in a free initial consultation. We can provide an overview of similar cases and discuss potential outcomes.

Common Injuries Pedestrians Can Sustain

At our law firm, we focus on demonstrating the gravity of pedestrian accidents and the need for appropriate compensation in our clients’ claims. Common injuries pedestrians can sustain include:

• Fractures and broken bones
• Head injuries
• Spinal cord injuries
• Lacerations and abrasions
• Internal injuries
• Soft tissue injuries
• Psychological trauma

We know these injuries not only cause physical pain but can also lead to significant emotional and financial burdens. At Deming Parker, our team in Atlanta is dedicated to helping you recover compensation for your injuries to support your medical treatment and overall recovery.

Fatality Rates of Pedestrians Are Increasing Nationwide

Pedestrian fatalities have been on the rise across the United States, showing a disturbing trend in traffic safety. According to a National Safety Council analysis of NHTSA data, pedestrian fatalities as a percentage of all traffic fatalities increased steadily from 2005 through 2018, rising from 11.2% to 17.3%. This alarming trend has continued, with pedestrian fatalities accounting for 17.7% of all traffic deaths in 2022.

This increase in pedestrian fatalities proves the growing need for improved pedestrian safety measures and prompt legal action. Factors contributing to the rise in pedestrian fatalities include increased vehicle traffic, speeding, distracted driving, and the use of mobile devices by both drivers and pedestrians. At Deming Parker, it’s our goal to hold negligent drivers accountable for their actions, ensuring you find the justice and compensation you deserve.

Legal Obligations of Pedestrians and Drivers

Both parties have specific duties under Georgia law to ensure the safety of everyone on the road:

Pedestrians

Pedestrians must adhere to several key regulations to stay safe:

• Obey traffic signals and signs: Pedestrians must follow traffic control devices, such as signals at crosswalks
• Use crosswalks: Pedestrians should use designated crosswalks when crossing streets and yield to vehicles if crossing outside of these areas.
• Walk on sidewalks: Where sidewalks are provided, pedestrians are required to use them. If sidewalks are not available, pedestrians should walk on the shoulder of the road facing traffic to increase visibility and safety.
• Exercise care: Pedestrians must avoid sudden moves into traffic and stay vigilant to avoid accidents. Being aware of their surroundings can significantly reduce the risk of collisions.

Drivers

Drivers also have legal responsibilities to ensure pedestrian safety:

• Yielding to pedestrians: Drivers must yield the right of way to pedestrians in crosswalks.
• Exercise due care: Drivers must exercise due care to avoid colliding with pedestrians, particularly in areas where pedestrians are likely to be present. This includes being vigilant and reducing speed in pedestrian-prone zones.
• Adhere to speed limits: Maintaining appropriate speeds, especially in residential areas and near schools, is crucial for pedestrian safety. Lower speeds can significantly reduce the severity of accidents.
• Avoid distractions: Drivers must avoid using mobile devices and other distractions to remain alert to pedestrian movements. Focused driving is essential for detecting and reacting to pedestrians timely.

Claiming Compensation After a Pedestrian Injury in Atlanta

When you’re injured as a pedestrian, the financial burdens can pile up quickly. However, you can pursue legal action in Georgia if the accident was caused by someone else’s fault or negligence, and recover compensation for:

• Medical bills: Including past, present, and future medical expenses related to your injuries.
• Lost wages: Compensation for income lost due to missed work or reduced earning capacity.
• Pain and suffering: Acknowledgment and compensation for the physical and emotional trauma you’ve endured.
• Punitive damages: In certain cases, where the driver’s conduct was particularly malicious, punitive damages are awarded to deter future reckless behavior.

Calculating Damages in Atlanta Pedestrian Injury Cases

The value of your personal injury claim hinges on various factors, including the severity of your injuries, the extent of lost wages, and the emotional impact on your life. So, in a pedestrian accident case, calculating damages involves a detailed assessment of both economic and non-economic losses. 

To achieve this, lawyers work with medical professionals, financial experts, and other specialists to accurately quantify the full extent of your losses, ensuring your compensation takes into account the true impact of the accident on your life.

Legal Options Following a Pedestrian Injury in Atlanta

In Georgia, the legal options available to pedestrian accident victims will vary based on the specific circumstances of each case. However, there are two main pathways to take legal action.

On the one hand, you can negotiate a settlement with the other party’s insurance company. Most cases are resolved this way, and experienced lawyers with great negotiation skills can leverage their experience to secure the maximum possible compensation through out-of-court settlements.

However, sometimes insurance companies don’t offer a satisfactory restitution amount. In these cases, we may recommend filing a lawsuit, especially if the injuries are severe or the driver’s conduct was particularly negligent. During the trial process, we’ll fight for a jury verdict that reflects the full extent of your damages.

Legal Process of Pursuing a Pedestrian Injury Claim in Atlanta

We can help you decide on what is the best course of action for your specific case. When pursuing legal action, one key thing to keep in mind is Georgia’s statute of limitations, as outlined in the Georgia Code § 9-3-33 (two years from the day of the accident).

This sets a two-year deadline for filing personal injury claims. So, if you’re looking to pursue legal action after a pedestrian accident, make sure to act promptly to avoid losing your right to recover compensation. Most likely, your case will undergo the following steps:

Step 1: Case Evaluation and Investigation

During the case evaluation process, our attorneys meticulously review the details of the accident to assess your legal options and answer any questions you may have. Then, we proceed to gather evidence, including police reports, medical records, and witness statements, to build a strong foundation for your claim.

Step 2: Determining Liability and Damages

Next, we focus on identifying all liable parties and calculating the full extent of your damages. As we covered earlier, this step is vital in ensuring your claim accurately reflects the impact of the accident on your life.

Step 3: Negotiation and Litigation

The final step involves negotiating with insurance companies to achieve the best possible outcome. But, if negotiations don’t yield a satisfactory settlement, we are fully prepared to represent you in court to secure the maximum compensation amount possible.

The Crucial Role of an Atlanta Pedestrian Injury Attorney in the Outcome of Your Case

Having a knowledgeable personal injury attorney by your side makes a significant difference in the outcome of your case. At Deming Parker, we have five decades of experience on our backs to provide you with personalized support throughout the whole legal journey.

So, if you’ve been injured in a pedestrian accident in Atlanta, don’t hesitate to contact us today. You’ll get a free consultation to discuss your case and get answers to all your legal questions.