When a car hits a pedestrian, the resulting injuries can be devastating, if not life-threatening. A motorist who fails to take proper precautions and follow all traffic laws can be held liable if they hit someone on the road.
If a motorist struck you with their car, you should speak with a seasoned personal injury attorney about pursuing compensation. Reaching out to an Atlanta pedestrian accident lawyer is the first step in assessing your rights under the law.
Official Code of Georgia Annotated §40-6-93 requires that all motorists exercise due care to avoid colliding with anyone. Additionally, this statute requires a driver to give a warning by using their horn when necessary to help avoid a potential collision with an individual on the road.
O.C.G.A §40-6-91 establishes the right of way that pedestrians have when crossing the street at a crosswalk. However, an individual may only have the right of way and have protection under this law if they are crossing the street at the appropriate time.
O.C.G.A §40-6-92 states that someone crossing a roadway at any point other than within a marked crosswalk and with the traffic signal should yield the right of way to all vehicles. If someone gets hit when they are violating these laws, this may impact their ability to recover compensation. An Atlanta lawyer could review a pedestrian accident case and determine if an injured person has a viable claim.
There are a few ways to pursue a financial recovery after being hit by a motor vehicle. The first approach is to file a claim with the driver’s insurance company. A settlement would need to be negotiated based on the injuries, and evidence from the accident may be required.
Settlements amounts take the evidence into consideration and may or may not fully cover all the costs associated with the injury. If a settlement does not seem fair, an individual may pursue a lawsuit against the driver in civil court.
Proving the driver was at fault requires a plaintiff to show that they were negligent. To recover in a negligence lawsuit, a claimant must demonstrate that:
Due to the complexities of negotiating with an insurance company, and proving negligence in civil court, an attorney well versed in pedestrian accident claims in Atlanta could be the difference between receiving adequate or insufficient compensation.
When a lawsuit is successful, a claimant may be able to recover both economic and noneconomic losses. Economic damages involve quantifiable losses that are proven using bills or invoices. These may include:
Non-economic damages can be more difficult to measure because there is no specific dollar amount associated with them. Emotional losses may include pain and suffering, loss of consortium, mental trauma.
Additionally, a court may impose punitive damages as punishment to prevent the defendant from repeating the actions that led to the injury. For instance, if a driver hits someone because they were intoxicated, the court may award the claimant punitive damages. Typically, these damages may be available if the defendant acted willfully, wantonly, fraudulently, or with malice.
Trying to get compensation for injuries sustained after an accident can be difficult. Lost income and medical bills can increase these difficulties, making it harder to see the light at the end of the tunnel.
However, you do not need to figure it out on your own. An Atlanta pedestrian accident lawyer could address all of your questions and concerns and advise you on the choices available under your circumstances. For help on your case, call today.