The National Highway Traffic Safety Administration (NHTSA) estimates that 36,560 people were killed in traffic accidents in 2018, including 6,283 pedestrians. This was the highest pedestrian death count in almost three decades. Though they can happen anywhere, pedestrian accidents usually occur in the evenings and are common in heavily populated areas.
If you suffered injuries in a vehicle collision as a pedestrian, contact the Norcross pedestrian accident lawyer with the Bader Scott Injury Lawyers team for a free case evaluation. You could qualify for damages, and we may be able to help you claim them. Call our team today at 678-210-5872.
Pedestrian Accident Injuries
The Centers for Disease Control and Prevention (CDC) estimates that pedestrians are 1.5 times as likely as the occupant of a vehicle to suffer fatal injuries in a collision. Pedestrians have little if any protection and can be catastrophically injured in an accident. Injuries commonly seen in pedestrian accidents include:
- Contusions.
- Abrasions.
- Lacerations.
- Internal bleeding.
- Traumatic brain injuries.
- Amputations.
- Spinal cord damage.
Medical treatments, even for minor injuries, can cost hundreds or thousands of dollars in the United States. For pedestrians who suffer life-threatening or long-term injuries, an accident may cost even more—particularly if a victim cannot return to work for a substantial amount of time due to recovery.
A Norcross pedestrian accident lawyer can help you determine which types of damages you have grounds to pursue based on your accident. If this sounds like the support you need, call 678-210-5872 to reach out to Bader Scott Injury Lawyers now.
For a free legal consultation with a pedestrian accidents lawyer serving Norcross, call (404) 888-8888
Causes of Pedestrian Accidents
Many pedestrian accidents result from driver inattention on the road. They can also happen if a driver’s view is obstructed. Pedestrians can be harder to see than vehicles on the road and may fall into a driver’s blind spot, much like a motorcyclist or biker. He or she may also not see someone on the road ahead or in a crosswalk if other vehicles are blocking the view.
In this case, a pedestrian may enter a crosswalk believing that he or she has the right of way. Although vehicles must stop for pedestrians on the road, a driver may inadvertently continue to drive and strike the pedestrian. Accidents of these types can happen anywhere, including:
- Crosswalks.
- Driveways.
- Sidewalks.
- Parking lots.
- Commercial areas.
- Recreational areas.
- Schools.
Norcross Pedestrian Accident Lawyer Near Me (404) 888-8888
Driver Negligence and Injury Claims
If you were a pedestrian struck by a vehicle, you may be able to file a claim against the driver involved. To win a personal injury claim, you need evidence to prove his or her negligence and liability for your damages. Three basic steps make up this process outlined below.
Liable Parties and the Duty of Care
The first step is to identify the parties responsible for your accident and prove that those parties owed you a duty of care. A driver’s duty of care involves following the rules of the road. Failure to do so can put other motorists, bikers, and pedestrians in danger.
For instance, a driver must come to a complete stop at an intersection before making a right turn at a red light. Otherwise, he or she may injure any pedestrians using the crosswalk to cross the street.
Establishing this duty of care can help you lay the groundwork for the driver’s liability in your case. Then, you must prove that the driver’s negligent actions breached this duty of care, thus making them liable for your injuries. You must also establish a link between your injuries, damages, or losses and the accident that took place and quantify your losses.
Proving Negligence
Negligent driving can take many forms, depending on the circumstances. In many cases, negligent behaviors violate traffic laws, though they can also include errors in judgment. Examples include:
- Driving while drowsy or under the influence.
- Aggressive or reckless driving.
- Driving while distracted.
- Speeding.
- Driving without proper licensing, approvals, or certifications.
You can prove negligent driving using a variety of evidence, some of which may be difficult to obtain. If you choose to hire a lawyer, he or she can help you collect:
- Surveillance, CCTV, or dashcam footage.
- Eyewitness testimony.
- Police reports.
- Cellphone usage records.
- Driver blood tests.
- The at-fault driver’s driving history.
Filing a Claim
Once you have identified the at-fault parties responsible for your accident, quantified your losses, and obtained the proof needed to substantiate your claims, you can file your claim. This involves submitting a demand letter to the at-fault party’s insurer seeking compensation for your injuries and damages, including lost income, medical treatment costs, property damages, and funeral or burial costs if the accident caused a fatality.
If the insurance company accepts your demand and you receive your settlement, the case closes. If they issue a denial, you can file a complaint with the relevant courts and seek a trial. The court will initiate what is known as the discovery period to gather and examine all accident-related evidence.
After this period is over, you or your attorney and the at-fault party will argue the case in court. Then, the judge or jury can issue a verdict based on the evidence and arguments presented.
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Contact Us Today
Handling a personal injury lawsuit by yourself for injuries you sustained in a pedestrian accident can be difficult. If your injuries are too severe or you are unfamiliar with the laws regarding pedestrians and accident litigation in Georgia, you may want help pursuing your compensation.
This is where our Norcross pedestrian accident lawyer may be able to help. Please contact the Bader Scott Injury Lawyers team today at 678-210-5872 to find out how we can assist with evidence collection, damages assessments, and filing a personal injury claim.
Call or text (404) 888-8888 or complete a Free Case Evaluation form