Broken bones, soft tissue injuries, head and spine injuries—all of these can result from a pedestrian accident when a driver makes poor choices that adversely impact a bystander. If you were a victim of such negligence, Bader Scott Injury Lawyers can be there for you, helping to pursue compensation against the responsible party.
A Warner Robins pedestrian accident lawyer with our firm can advise you on how to file a personal injury claim, keep you updated on the process, and act as an intermediary between you and the other party. You may not have been protected out on the road, but we will work to protect your rights in your case. Call us today to receive a free case evaluation at (404) 888-8888.
Common Situations That Lead to Pedestrian Accidents
While every accident is different and injuries can vary widely, car accidents involving pedestrians are often especially dangerous. Pedestrians do not have any protection from an impact with a vehicle, so even accidents that occur at low speeds can require emergency medical attention. The following are common factors that may play a role in pedestrian accidents:
- Drunk driving
- Driving at night
- Distracted driving
- Rideshare accidents
- Poor signage
- Failure to yield
- Traffic violations
Drunk Driving Accidents
The Centers for Disease Control and Prevention (CDC) reports that 47% of crashes with a pedestrian fatality were alcohol-related. Drunk driving can cause drivers to speed, run lights, make poor turns, and deviate from their lane, all of which put bystanders at risk.
If a drunk driver injured you, you can file a civil suit that is independent of any criminal charges the driver faces, potentially earning you damages. Call the team at Bader Scott Injury Lawyers to learn how to proceed with a drunk driving civil case at (404) 888-8888.
Distracted Driving Accidents
The National Highway Traffic Safety Administration (NHTSA) equates texting while driving at 55 mph to traveling the length of a football field with your eyes closed. Just a few seconds of looking away from the road can result in an accident, and pedestrians are too often the casualties. Distraction while driving takes many forms:
- Talking on the phone
- Doing makeup
- Using a GPS
- Changing the music
Pedestrians injured in distracted driving collisions can point to any of these or similar actions as causes of the accident. Each of them can represent negligent driver behavior. Witness testimony, phone records, and video surveillance can help to support this type of claim.
A growing source of pedestrian accidents is the rideshare industry. Researchers have linked services like Uber and Lyft to an increase in crashes involving pedestrians at pick-up and drop-off points, according to the U.S. News & World Report. Distracted driving has been highlighted as a key element, with rideshare drivers focused on their phones as a part of the job, making them less likely to spot a pedestrian.
For a free legal consultation with a pedestrian accidents lawyer serving Warner Robins, call (404) 888-8888
Constructing Your Pedestrian Accident Case
A Warner Robins pedestrian accident lawyer at Bader Scott Injury Lawyers can start on your case by identifying the liable party or parties to hold accountable. Depending on the circumstances of your case, you may have two years from the date of the accident under O.C.G.A. § 9-3-33 to file your claim before the statute of limitations expires. From there, we can begin gathering evidence to support your claim.
Injuries Are Evidence
One crucial piece of evidence will be your injuries. Medical records and expert analysis can demonstrate how your injuries are consistent with your claims, showcasing where and how you were struck and what the lasting consequences will be. Your medical bills will also be useful in determining your damages, as compensation can reflect past, present, and future costs associated with the accident.
Other Evidence We May Use in a Pedestrian Accident Case
Legal cases draw on as many sources of evidence as possible to present a well-rounded picture of an incident. As such, our team may make use of sources like the following:
- Expert analysis
- Witness testimony
- Phone records
- Video surveillance
- Accident reconstruction
- Police reports
- Blood tests
- X-rays and diagnostic testing
- Medical records and prognoses
The goal is to demonstrate that the responsible party failed to uphold a reasonable standard of care as a driver. Their decision or failure to act in a certain way caused the accident that led to your injuries, making them negligent.
Defending Against Victim-Blaming
In any legal claim, the opposing side will likely try to shift responsibility to the other party. In the case of a pedestrian accident, that may take the form of accusing you of reckless or careless behavior that contributed to the incident. This can include claiming you were distracted or did not take proper precautions as a pedestrian.
For instance, if you were “jaywalking” at the time of the accident, the opposition may argue that they are not responsible because you crossed outside of a crosswalk. However, Georgia law does not consider jaywalking illegal if the pedestrian yielded to traffic. Thus, if a driver made an illegal turn and then struck you while you were crossing outside of a crosswalk, they can be held liable for disobeying signage.
In addition to victim-blaming, the negligent party may also claim your injuries predate the accident. Consult with your personal injury attorney to learn how to defend against these arguments using medical records, expert witnesses, and a clear understanding of Georgia law.
Warner Robins Pedestrian Accident Lawyer Near Me (404) 888-8888
Your Pedestrian Accident Case Matters to Bader Scott Injury Lawyers
Starting in the 1990s, Georgia emphasized that cars should stop for pedestrians, not just yield. This crucial distinction highlights the mindset that a Warner Robins pedestrian accident lawyer can bring to your case. Our team can emphasize that pedestrians are not an inconvenience for drivers to maneuver around or an afterthought out on the road, but individuals whose safety should be a priority.
Drivers should stop for pedestrians, and if they do not, resulting in injury, they can be held responsible. Contact Bader Scott Injury Lawyers today if this happened to you, so we can review your eligibility to pursue compensation. Call (404) 888-8888.