Pedestrian accidents occur frequently in Georgia. They are responsible for 15% of traffic fatalities and injuries. In Cobb County and especially Mableton, their rate is even higher. For the injured victims, working with a Mableton pedestrian accident lawyer is paramount.
Pedestrians are the ones who incur the most severe injuries in traffic accidents. For them, recovery and compensation claims are tough battles. They need all the help they can get. The best person to provide it is a Mableton pedestrian injury lawyer. Those who doubt this should review common injuries and the accident attorney’s role in their compensation.
Common Types of Injuries and the Attorney’s Role in Their Compensation
- Traumatic brain injuries – Many pedestrians suffer head injuries during traffic accidents. When these affect the brain, the consequences can be devastating. They can range from mild concussions to brain hemorrhage, disability, and even death. Assessing their financial implications is a job for an experienced pedestrian injury lawyer.
- Spine injuries – These are a frequent cause of long-term and permanent disability. Recovering from them takes years of therapy. Living with them takes lots of care and adjustment expenses. A Mableton pedestrian accident attorney can account for all expenses and estimate future ones.
- Broken limbs – These are some of the most painful and difficult injuries. Victims find themselves unable to perform routine movements. Some experience permanent damage. They should receive compensation for their pain and suffering. A pedestrian accident lawyer in Mableton can make that happen.
- Internal injuries – These are often subject to late diagnoses and lead to complications. That is why every pedestrian injury lawyer advises clients to seek medical attention. If they neglect to do so, the complications and the corresponding expenses will be their liability.
A pedestrian accident attorney will claim compensation for their client’s losses.
Types of Losses a Mableton Pedestrian Injury Lawyer May Recover for Their Clients
Generally, the compensation a pedestrian receives after a car accident should cover all their losses. This includes already incurred expenses, as well as estimated future ones. Here are the losses a Mableton pedestrian accident attorney can recover for their clients:
- Property damage – Any assets or valuable items that were lost or damaged in the accident. Their value needs to be supported by documentation.
- Medical care – All the expenses related to the victim’s treatment and recovery.
- Disability adjustments – Investments meant to help the victim cope with their disability.
- Pain and suffering – A compensation for the victim’s severe physical and emotional trauma. These losses are very difficult to prove without a pedestrian accident attorney.
- Lost wages – Victims who cannot work due to injuries can recover lost income.
- Lost earning capacity – Compensates the victim for earnings they will lose due to disability.
- Lost enjoyment – Compensation for loss of consortium or ability to enjoy life and hobbies. Obtaining compensation for lost enjoyment is challenging even for experienced pedestrian accident attorneys.
It is important to note that the claimant will have to prove that they incurred all these losses. That is why working with an accident lawyer is so important. Another aspect influencing the compensation is the victim’s contributory negligence.
A pedestrian who violated traffic laws could lose their right to compensation. The claimant could argue they shared fault for the accident. The pedestrian would be liable for a percentage of the damages equal to their fault percentage. Reviewing the Georgia laws relevant for pedestrians may help at this stage.
Georgia Laws a Pedestrian Accident Attorney May Review with Their Client
Here are the most important laws pedestrians should be familiar with. It goes without saying that any pedestrian accident lawyer should know them by heart.
- GA Code Section 40-6-92 regulates pedestrian right of way at crosswalks. According to the law, pedestrians have right of way on a crosswalk without signals. At crosswalks with traffic signals in place, they have to obey the signals. In unmarked areas, they have to yield right of way to vehicles and only cross when safe.
- GA Code Section 40-6-91 reinforces drivers’ obligation to yield right of way at crosswalks without signals. It prohibits drivers from squeezing by pedestrians or cutting in their way. It also exempts drivers from liability if pedestrians run into their path suddenly. Experienced Mableton pedestrian accident attorneys receive crosswalk cases regularly.
- GA Code Section 40-6-203 prohibits parking vehicles within 20 feet of crosswalks. It aims to ensure optimum visibility for drivers and pedestrians. However, many drivers park where they shouldn’t. A pedestrian accident attorney could prove their liability even if they did not inflict the injuries.
- GA Code Section 40-6-144 grants right of way to pedestrians on a sidewalk. It refers to drivers emerging from driveways or alleys onto main roads.
Knowing that a driver or pedestrian violated the law is not enough. The parties will have to prove it. The burden of proof falls on the claimant. This is where the help of a pedestrian accident lawyer can make a difference. One of the first things lawyers do to assess liability for an accident is look at its cause.
Common Accident Causes a Mableton Pedestrian Accident Attorney May Come Across
1. Alcohol consumption
Drunk driving is a common cause of traffic accidents in Georgia and throughout Cobb County. Alcohol impairs drivers, diminishing their focus and slowing down their reactions. It affects pedestrians as well, causing them to lose their balance or fail to notice incoming vehicles.
The presence of alcohol in an accident victim’s blood does not necessarily prove their liability. A lawyer will consider their BAC, as well as all accident details.
Both drivers and pedestrians are paying more and more attention to their mobile devices. They make or receive calls, send texts, or use social networks. These activities often prevent them from noticing approaching dangers. Sometimes, drivers do not notice pedestrians and fail to yield right of way. Other times, pedestrians cross the street without checking for oncoming vehicles, exposing themselves to accidents. Proving distraction can be challenging. In such cases, it helps to benefit from the experience of a pedestrian accident lawyer.
Many drivers exceed the legal speed limit these days. They rush to their destination without realizing how much the minutes they save could cost them. But pedestrians are in a rush as well. Knowing they have the right of way at crosswalks, they jump in front of oncoming cars. They expect the drivers to stop, but not all of them do it in time.
Identifying the cause of an accident is the first step towards proving liability. It is, therefore, a priority for any pedestrian accident attorney in Mableton. It also allows the latter to identify the best defendant for their compensation claim.
Potential Defendants for a Pedestrian Injury Lawyer in Mableton, GA
Depending on how the accident occurred, there are two possible defendants:
- Insurance companies. When an insured driver causes the accident, it is easier to seek compensation from their insurer. In some situations, pedestrians may be able to seek compensation from their own insurer. A Mableton pedestrian injury lawyer can assess the available options and make a recommendation.
- Drivers or third parties. Sometimes, seeking compensation from an insurance company is not possible. The pedestrian can file a lawsuit against the party at fault. Lawsuits take time and formalities, so it is better to leave them to a pedestrian accident lawyer.
Once they have identified the defendant, the pedestrian or their lawyer can proceed with the claim. The process is not easy. Here are the steps it usually involves.
Steps a Pedestrian Injury Lawyer in Mableton Will Take to Secure Compensation for Their Client
Upon taking over a new case, a pedestrian accident attorney will review the statute of limitations. They need to know how much time they have to work on the case and win it. In Georgia, the law allows two years for actions relating to personal injuries. It allows up to four years for actions regarding property damages. Of course, exceptions may apply.
Before accepting a new case, many Mableton pedestrian accident lawyers will review the details. They will want to know what evidence they have, how much the claim is worth, and more. At Schneider Hammers, we only represent victims, so we will also assess liability. We have made it our mission to protect the innocent and vulnerable, and we stick to it.
Identifying the party at fault also means establishing a defendant for the compensation claim. The next step is to notify the defendant of the legal action against them. This consists of filing a notice of claim. This procedure should be left to a Mableton pedestrian injury lawyer.
So should the claim substantiation. This involves gathering and organizing evidence as if going to trial. It can, therefore, be a challenge for the inexperienced.
Performed correctly, these steps usually bring about a settlement offer from the claim defendant. A pedestrian accident lawyer should review it and advise if it is worth accepting. They may even succeed in negotiating a better deal. If they cannot, and the offer is unacceptable, there is also the option of filing an appeal. One thing is certain: their help will ensure higher compensation and an easier claim process.
Get Help with Your Claim from a Mableton Pedestrian Accident Attorney
At Schneider Hammers, our injury attorneys have helped many pedestrians obtain compensation for their accidents. We can help you too. Our Mableton pedestrian accident lawyer will review your case, guide your steps, and defend your interests. Schedule a consultation with them now, by calling or filling in the contact form.