Many people love to walk or run for exercise, or just to take a break outdoors. Unfortunately, runners, dog walkers, and other pedestrians get hit by motor vehicles with alarming frequency, and these collisions often result in devastating injuries.
When someone has been hit by a car and suffered injuries while standing, walking, or running, the injured person could claim money damages from the negligent party with the help of an experienced legal professional. A Sandy Springs pedestrian accident lawyer could help you pursue a fair settlement and get the compensation you deserve.
Causes of Pedestrian Accidents
There are many ways that pedestrian accidents might happen, but some situations occur more frequently than others. Some common causes of pedestrian accidents include:
- Driver fails to yield right of way at crosswalks
- Excessive speed
- Distracted driving
- Failing to check for pedestrians when pulling out of driveways or parking lots
- Low visibility
- Vehicles with large blind spots
- Reversing into pedestrians
- Driving under the influence
Negligence is at the root of many pedestrian accidents. Driver negligence is often the primary factor, but pedestrian negligence sometimes contributes to accidents, too.
Besides drivers and plaintiffs, other parties could be negligent in a pedestrian accident case. If a crosswalk was poorly located, the firms that designed and installed it might be negligent, and so might the municipality. If a traffic light malfunction or brake failure led to the accident, the manufacturer might be negligent. An experienced attorney could analyze an accident and identify all the potentially negligent parties.
Proving Negligence in Pedestrian Accidents
An injured pedestrian (plaintiff) who seeks damages must demonstrate that another party (defendant) was negligent. Only negligent parties are liable for damages.
It is your burden to show that the defendant had a duty to the plaintiff that they failed to uphold. You and your attorney should also be ready to prove that the failure that caused the accident resulted in your injuries. Finally, you must provide documentation of your actual damages.
Evidence of negligence might come from police reports, witness statements, cell phone records, and many other sources. A seasoned attorney could investigate the circumstances surrounding an accident and collect persuasive evidence to support your case.
Plaintiff’s Negligence No Bar to Recovery
The law does not prevent you from seeking damages unless you were more than 50 percent responsible for causing the accident. The Official Code of Georgia §51-11-7 allows a negligent plaintiff to receive damages from other, more negligent parties. However, your total damages will be reduced by a percentage that equals your proportionate level of responsibility.
Defendants often try to exploit this statute to deny you a fair recovery. A skilled attorney could defend a negligent plaintiff from assuming more than their fair share of responsibility for an accident.
Speak with a Sandy Springs Pedestrian Accident Attorney Today
Pedestrian accidents are traumatic physically and emotionally. You might feel unable to make decisions about pursuing damages because you need to concentrate your energy on recovery. The law allows you only a limited time to file a lawsuit seeking damages, though, so you have little time to waste.
You can find the support you need and the help you require to get a fair settlement with a Sandy Springs pedestrian accident lawyer. Turning the case over to a strong advocate could make all the difference for you and your family. Schedule an appointment for a case review today.