Atlanta Pedestrian Accident Injury Attorneys 

Atlanta Pedestrian Injury Lawsuit Attorneys

Atlanta Pedestrian Accidents Are All Too Common

Atlanta pedestrians must walk near motor vehicles because there are few pedestrian-only areas. When pedestrians and drivers share the same spaces, the risk of serious injury caused by driver error, distraction, or indifference is substantial. When Atlanta urban planners fail to take adequate steps to provide barriers that separate pedestrians from motorists, the probability of a pedestrian accident on Atlanta streets and roadways increases dramatically.

Atlanta has been rated among the most dangerous cities for pedestrians in the U.S., and Atlanta motor vehicles killed 51 pedestrians according to the most recent data. These staggering statistics are not random—they have causes and serious consequences.

It may have been a distracted driver or poor planning that injured you or a loved one. If negligence was the cause, compensation may be available. Acting quickly after an accident is critical to securing justice for those injuries. Insurance companies will try to minimize your injuries and their impact. But Montlick’s Atlanta pedestrian accident attorneys stand ready to fight back. Call today to find out how we can help you, too.

Types of Injuries Common in Pedestrian Accidents

Sadly, pedestrian accidents often result in catastrophic injuries or wrongful death. The human body cannot withstand being struck by a 3,000 to 5,000-pound car or an 80,000-pound tractor-trailer. Unfortunately, the serious nature of a pedestrian accident typically means that the types of injuries suffered in a pedestrian accident often involve substantial medical costs, painful and extensive rehabilitative therapy, and lifelong medical care.

Pedestrians’ heads, legs, and arms are the most vulnerable in an accident. Pedestrians often endure extreme bodily injuries, including the following:

• Broken bones
• Herniated discs
• Spinal cord injuries
• Paraplegia
• Quadriplegia
• Traumatic brain injuries
• Head and neck injuries
• Internal organ damage
• Coma

Accident Aftermath Matters

Pedestrian accidents happen in the blink of an eye. Noticing every detail—especially if you’re the one injured—can be impossible. But the moments after an accident are critical.

The Highest Priority is Health

Call emergency services even if you feel you aren’t injured or aren’t “that” injured. Some injuries may be imperceptible or may only manifest in the days after an accident. That means following up with a doctor after the accident as well. It will also bring the police to the scene to document that accident.

Don’t Take or Accept Blame

After your health is stabilized, avoid giving any statements or accepting any blame for the incident. The driver may accuse you of causing the incident; do not engage or argue. Instead, collect the name, number, and insurance information of the driver that hit you.

Documenting the Scene

If possible, gather eyewitness statements or at least the name and number of anyone who saw the accident. Likewise, have photographs taken of the scene as soon as possible.

Filing a Claim

Consult with a trusted pedestrian accident attorney in Atlanta before speaking with the driver’s insurance company. Having representation in a case can help you avoid making potentially incriminating statements on record with the insurance company.

In many cases, the pedestrian victim is far too injured to handle any of these tasks at the scene. The most important thing is for you to get the medical care you need. That’s where Montlick comes in. We will thoroughly investigate on our clients’ behalf, so you can focus on healing.

Responsibility Exists, Even In Accidents

Many innocent pedestrians are injured by the careless and inattentive actions of drivers of cars, trucks, and SUVs. Some of these actions represent negligence, a key component in holding a driver liable for the damages that result from the accident. While no two pedestrian accidents are exactly alike, some of the most common causes of hit-by-car accidents include:

Distracted Drivers

Many drivers are inattentive and preoccupied with activities such as using mobile phones to call and text, reading documents and newspapers, applying makeup, or other tasks that result in them devoting less than their full attention to the road. Distracted driving contributes to hundreds of pedestrian accidents every year. And holding distracted drivers accountable might represent an opportunity for justice.

Excessive Speed:

Drivers who violate the speed limit or drive too fast for heavy traffic or adverse weather conditions cause many pedestrian accidents. A vehicle that is moving at a high rate of speed exponentially increases the likelihood of a pedestrian accident, resulting in serious fatalities. At 20 miles per hour, there is only a 10% chance that a pedestrian will be killed in a collision. At 40 miles per hour, the likelihood that a pedestrian will be killed increases to 90%.

Failure to Obey Traffic Signals

Intersections can be very dangerous for pedestrians who must enter the roadway. Drivers rushing or not paying attention can run stop signs or red lights and collide with pedestrians crossing the street in a crosswalk. Other times, the timing of the signal contributes to the accident.

Poorly Designed Roadways:

A governmental entity may be partially liable for a pedestrian accident resulting from poor roadway design or maintenance. Common examples of roadway design or maintenance issues that may contribute to a pedestrian accident include a lack of traffic signals, overhanging trees and vegetation reducing visibility, unsafe pedestrian crossings, school district negligence, inadequate warning signs, and lax enforcement of traffic laws.

Failure to Check Behind Vehicle:

Nearly half of all pedestrian accidents involving children ages 1 to 4 occur when a vehicle backs up in the driveway. Approximately 4% of children killed by cars are as a result of vehicles backing up.

Drunk Drivers

Drivers who are impaired by drugs or alcohol have slower response time and decreased judgment and decision-making skills. This means they often do not respond quickly to pedestrians crossing the roadway.

How A Pedestrian Accident Attorney Fights Back

A pedestrian accident can cause undue pain, suffering, and economic hardship. What was an already challenging time can become unbearable when trying to pay for the treatment and care needed. In the aftermath of a pedestrian accident, filing a claim with the driver’s insurance is the obvious choice. But what happens when the insurance company doubts your injuries? Or worse, insists you were the cause of the accident in the first place.

It’s easy to feel alone and abandoned when fighting insurance companies. After all, it’s their business to try to minimize the claim. In those moments, having a firm ally to rely on can make all the difference. Hiring an Atlanta pedestrian attorney can level the playing field and bring your normal life within reach.

Compensation for Pedestrian Accidents

Because of the severity of pedestrian accidents, many result in hospital bills, follow-up doctor’s appointments, exams, and x-rays. There’s also the damage caused by stress, pain, and other forms of suffering. The injuries are also just as likely to cause you to miss work and fall behind on important bills. In truly unfortunate cases, there may even be funeral costs to bear. At a time when health should be the only priority, expenses occupy the majority of your time.

Just compensation provides a way out of this impasse. Holding the negligent party responsible for the injuries can help you pay for those medical expenses, pain and suffering, and lost wages. There may also be compensation for funeral costs, disability, and even punitive damages.

• Medical Expenses: Compensation for medical expenses includes the cost of hospital visits, doctor’s appointments, tests, exams, and physical therapy associated with your recovery. No recovery is stress-free, but having a trusted Atlanta pedestrian accident attorney fight for these payments eases the burden.
• Pain and Suffering: GA Code § 9-10-184 (2023) provides that injured plaintiffs can seek damages for pain and suffering that result from their injury. Pain and suffering can include feelings of physical discomfort and emotional trauma. Because there are likely no bills you can submit to show pain and suffering, juries will typically decide an amount for these damages as they are considered non-economic.
• Lost Wages: Negligent parties may be liable for when you were forced to be away from work. Showing the amount of wages lost as a result of that missed time can be a critical milestone in achieving justice.
• Funeral Expenses: In tragic circumstances, you may be able to hold the negligent driver or party responsible for a loved’s one death and receive compensation for funeral expenses and lost wages for dependents.
• Punitive Damages: There are some Atlanta pedestrian accidents where the driver acted particularly recklessly. Juries may decide to award punitive damages to ensure that the driver, and others like them, never repeat their mistake. A fierce Atlanta pedestrian accident attorney knows when to push for compensation like punitive damages.

The Accident Was Partially My Fault. Can I Still Recover Compensation?

A pedestrian accident can have many causes, and there may be instances where it’s unclear who exactly is to blame. Insurance companies often use this uncertainty to bully victims into accepting lower payouts than they’re owed.

However, in Georgia, if you were part of the accident’s cause, you can generally still recover compensation as long as a court finds you to be less than 50% at fault. This is because Georgia practices a modified form of what is called “comparative negligence.”

The modified comparative negligence doctrine assigns compensation based on the percentage the victim is liable for their injuries. Suppose an injured person is 30% responsible for their injuries. They can still collect 70% of the damages. In a claim worth $100,000, this would mean a victim 30% responsible would still be owed $70,000 from the driver. However, if you are 50% or more liable for your own injury, you may not be able to collect under Georgia law. Once your Atlanta pedestrian accident attorney has reviewed your case, they will be able to give you a more detailed explanation of your specific circumstances.

Know Your Pedestrian Rights

Because insurance companies will look to exploit your words to minimize the compensation available, it’s in your best interest to know your rights and duties as a pedestrian.

• Pedestrians must obey all traffic control signals
• Pedestrians must cross at crosswalks, but cars have to yield once you’re on their side of the road
• Pedestrians can’t cross streets diagonally.
• When there isn’t a crosswalk nearby, pedestrians have to yield to cars
• In some situations, there may be a pedestrian bridge or tunnel. If a pedestrian chooses not to use the pedestrian bridge, cars don’t have to yield
• According to GA Code § 40-6-93 (2023), every driver shall exercise due to avoid colliding with any pedestrian upon any roadway

In many cases, insurance companies may try to use comparative negligence to bully an injured victim out of a claim or to accept a reduced amount. Insurance companies may even decide to accept partial liability “as a favor” to avoid the possibility of litigation, trying to convince a victim that the insurance company could win if they decide to bring the case to court. Montlick’s top-rated pedestrian accident attorneys fight back against insurance company intimidation.

Real Healing Starts With Justice

A pedestrian accident is scary, and the aftermath isn’t much easier. The injuries, lost income, shock, and financial stress are all impediments to returning to life as it was. Bearing this burden alone is daunting, but Montlick makes it easier.