Pedestrians are vulnerable to erratic or unsafe drivers, so it is no surprise that pedestrian accidents often lead to serious injuries and death. Greater Atlanta is known for its traffic, and pedestrians are sometimes the victims of traffic accidents. Fox 5 Atlanta reports that on November 16, 2021, a driver struck and killed a man walking on Cobb Parkway. The at-fault driver fled on foot but was later captured on Kennesaw State University’s campus.
If you were hurt or lost a family member in a pedestrian accident in Kennesaw, you may be entitled to financial compensation from the at-fault driver and their insurance provider. You can pursue damages on your own, or you may choose to work with a Kennesaw pedestrian accident lawyer with Bader Scott Injury Lawyers.
Who Is at Fault for a Pedestrian Accident?
The person or entity at fault for a pedestrian accident depends on the case’s details. Drivers have an obligation to drive safely and avoid putting pedestrians and others at risk of harm. Drivers who fail to drive safely are negligent and may be held responsible for any resulting accidents. In most cases, a driver who strikes a pedestrian is legally responsible for the accident. Our lawyer will investigate your accident to determine who is at fault.
Georgia Laws Protect Pedestrians from Vehicles
The Georgia Governor’s Office of Highway Safety provides a reference sheet with laws about pedestrian safety. These laws regulate drivers and pedestrians to avoid accidents. Drivers and pedestrians who ignore these laws and cause an accident can be held legally and financially responsible for it.
Drivers must look out for pedestrians and yield to them in these situations:
- Pedestrians have the right-of-way at a crosswalk: Drivers must stop for a pedestrian in a crosswalk and may not pass other drivers who have stopped at a crosswalk.
- Pedestrians have the right-of-way on sidewalks: If a driver must cross a sidewalk when pulling out of a driveway, alley, private road, or building, they must come to a complete stop, then look for and yield to pedestrians.
Pedestrians must be aware of vehicles and follow traffic laws:
- Yield to traffic outside of a crosswalk: “Jaywalking” is not illegal in Georgia, but pedestrians must yield to traffic when crossing outside of a crosswalk.
- Stay out of a vehicle’s path: Pedestrians may not run or walk into a vehicle’s path in such a way that the vehicle cannot yield to them.
- Do not cross at a diagonal: Pedestrians can only cross an intersection diagonally when a traffic control device instructs them to do so.
For a free legal consultation with a pedestrian accidents lawyer serving Kennesaw, call (404) 888-8888
Recovering Damages After a Pedestrian Accident
Each case is unique, so the value of your damages depends on the extent of your injuries, their impact on your quality of life, your medical bills, and other factors. If a pedestrian accident injured you, you may be able to recover damages for:
- Medical expenses, such as emergency treatment, surgeries, follow-up care, rehabilitative therapies, and more
- Medical equipment, such as braces, crutches, wheelchairs, or scooters
- Lost wages, if you must take unpaid time off work to recover
- Pain and suffering, if you experience a long recovery, chronic pain, multiple surgeries, mental anguish, reduced quality of life, and more
If you lost a loved one in a pedestrian accident, you may be able to recover damages for:
- Funeral and burial expenses, such as cremation or embalming, memorial service, flowers, transportation, and more
- Medical care for treatment your loved one received before passing away
- Pain and suffering your loved one experienced before passing away
- Loss of support for the lost income and other benefits your family member provided
Kennesaw Pedestrian Accident Lawyer Near Me (404) 888-8888
A Lawyer May Be Able to Help Your Pedestrian Accident Case
You may prefer working with a lawyer versus handling things on your own. Without legal experience, you may not know all the damages available to you or know how to pursue them. Our lawyer with Bader Scott Injury Lawyers may be able to help you by:
- Investigating your accident: We will look for evidence that proves the driver’s negligence. We may take pictures of the scene, interview eyewitnesses, and gather police reports, toxicology reports, cell phone records, and more.
- Estimating the value of your damages: We will use your medical bills and records, past wage statements, funeral and burial receipts, and more to estimate how much your losses are worth.
- Filing an insurance claim for you: We will file a claim with the other party’s insurance company on your behalf.
- Negotiating an insurance settlement: We will negotiate with the insurer for a settlement that compensates you for the full value of your losses.
- Suing the at-fault party: If we cannot reach an agreement with the insurance provider, we can directly sue the at-fault party.
File Your Pedestrian Accident Lawsuit Before the Georgia Deadline
You have a limited time to seek damages from the party that caused your pedestrian accident. O.C.G.A. § 9-3-33 establishes the statutes of limitations for personal injury and wrongful death at two years. This law means you have two years from your accident date to file an injury lawsuit and two years from the date your family member died to file a wrongful death lawsuit.
Under certain circumstances, these deadlines can be extended. Our lawyer serving Kennesaw will determine how these laws apply to your pedestrian accident case and make sure you file your lawsuit before time runs out.
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Bader Scott Injury Lawyers Is Ready to Help You
If you were hurt or lost a loved one in a pedestrian accident in Kennesaw, you may be able to recover damages for medical bills, funeral expenses, and more. Our attorney with Bader Scott Injury Lawyers may be able to help you recover compensation for these losses and more.
Call (404) 888-8888 today for a free case consultation. Because we work on contingency, we collect no payment unless we win your case.