Our roads are becoming more and more precarious for pedestrians. Each year the number of pedestrian accidents increases, with walkers paying for someone else’s inattention or negligence with devastating, if not deadly, results.
With the guidance a knowledgeable attorney, you can seek just compensation for the harm you or your family member suffered. To learn more, call a Roswell pedestrian accident lawyer for help.
Walking in Roswell
Every car accident has its unique set of circumstances, but most result from someone’s negligence, which is the driver’s failure to do the right thing. Often that involves distracted driving. With the introduction of cell phones and an array of technology installed in newer vehicles, there is a lot of competition for a driver’s attention. When a driver’s focus waivers, you may be at risk when crossing a road or intersection. Being run over by a vehicle weighing a minimum of 2,000 pounds can result in an endless list of serious injuries. Injuries can range from broken bones to brain trauma, and very often death.
The law describes the rights and obligations of pedestrians. Generally, walkers have the right of way. Drivers are required to exercise caution and take all necessary steps to avoid hitting those traveling on foot, including honking their horn. When in a crosswalk (marked or unmarked), cars must yield to pedestrians, coming to a complete stop regardless of the color of the traffic light. Drivers must also use caution when exiting alleys, buildings, driveways, and private roads, allowing pedestrians on sidewalks to pass safely.
However, motor vehicle operators do not own pedestrian safety. The law requires you to utilize and obey all traffic control tools, such as traffic lights, crosswalks, and pedestrian tunnels. Walkers must also refrain from darting out into streets, crossing at dangerous points in the road, and traveling in a thoroughfare when a sidewalk is available.
A violation of these rules, by either drivers or those on foot, can serve as the basis for assigning fault. Therefore, if you were injured as a pedestrian, you need to retain reputable accident counsel to gather critical evidence to establish the driver’s responsibility and mitigate your role in the accident.
Translating Fault into Dollar Amounts
Harmed parties may seek economic and noneconomic damages, including medical bills (present and future), lost wages, and pain and suffering. Although Georgia does not place a cap or limitation on the amount recoverable, the State requires those involved in an accident to assume their share of responsibility. Under this theory of modified comparative negligence, those harmed can recover only to the extent that someone else caused their injuries.
Imagine a scenario where a driver is speeding and strikes a jaywalking pedestrian. The court finds the driver 80 percent at fault and the pedestrian 20 percent responsible for the accident. The injured walker may receive only the 80 percent attributed to the driver and forfeits the remaining 20 percent of the total dollar amount proven. If the numbers were different and the injured party’s contribution exceeded 50 percent (for example, 60 percent), they would relinquish their right to any compensation.
A Roswell Pedestrian Accident Attorney Can Help
No amount of money can offset the loss and pain you experience after being struck by a vehicle, especially if a loved one passed away. However, you and your loved ones have the right to receive compensation for your out of pocket expenses and ease your mental anguish. Hiring a Roswell pedestrian accident lawyer today can put you on the path to achieving financial stability and emotional relief. Please call us today.