Important Information about Atlanta Pedestrian Accident Claims


January 08, 2015

Pedestrians must confront a multitude of perils in intersections and crosswalks especially in densely populated metro areas. There are specific traffic laws that have been implemented for the safety of pedestrians. Although these traffic laws assign right-of-way to pedestrians in many situations, they also impose a duty on pedestrians to obey certain traffic laws to prevent pedestrian accidents. The lack of protection for pedestrians when they are hit by a motor vehicle means that there is no raretly any such thing as a minor pedestrian accident.

The severity of injury typically experienced in pedestrian accidents means that car-pedestrians collisions can exact an enormous financial, physical and emotional toll on victims. Further, the number of families who have lost loved one in fatal pedestrian accidents has increased in recent years even as overall traffic fatality rates have fallen. Pedestrian deaths rose from 9 percent of all Georgia motor vehicle fatalities in 2004 to 13 percent in 2010. The number of Georgia pedestrian fatalities declined back to 11 percent of all traffic-related fatalities in Georgia in 2011, which is the most recent year data is available from the Governor's Office of Highway Safety in Georgia.

A number of major Georgia metro areas have been ranked as among the most dangerous cities for pedestrians in the U.S. A report entitled "Dangerous by Design 2014", for example, ranked the Atlanta-Sandy Springs-Marietta area as the eighth deadliest major urban area in the nation.

If you or someone close to you is injured in a car-pedestrian collision, the legal concept of negligence usually will be the basis for imposing liability. Negligent conduct essentially refers to the failure to exercise reasonable care to avoid causing harm to another individual. Conduct that is careless, inattentive or unlawful constitutes the most common types of negligent acts committed by motorists who injure pedestrians.

The negligence of other parties also can be the cause of crashes involving those who are walking, jogging or running. For example, a vehicle repair shop that fails to properly repair brakes or that patches a tire with insufficient tread to be safe might be considered to be negligent. Similarly, vehicle owners who entrust their vehicle to a driver that the owner knows or should know is not competent to drive safely also can be considered negligence.

Pedestrian accident claims also can be based on strict liability depending the specific facts and circumstances. When defective brake component systems prevent a vehicle from stopping at a crosswalk, for example, the company that designs, manufactures or sells the brake components or vehicle can be financially responsible. Strict liability might also apply when a driver violates traffic safety laws depending on the specific circumstances.

Put Our Law Firm's Over 30 Years of Experience to Work For Your Case

If you or someone you love is injured in a pedestrian crash, you might be entitled to financial compensation. Our personal injury attorneys at Montlick and Associates have been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over thirty years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Sources:

http://www.gahighwaysafety.org/research/pedestrian-statistics/

http://www.smartgrowthamerica.org/documents/dangerous-by-design-2014/dangerous-by-design-2014.pdf

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.