Obtaining the Compensation Injured Pedestrians Deserve – Savannah Injured Pedestrian Lawyers
If you or a loved one is injured in a pedestrian accident, an experienced Savannah pedestrian accident attorney at Montlick & Associates can investigate the facts and seek the compensation that an injury victim needs to overcome serious injuries. A pedestrian dies in a motor vehicle collision every two hours, and a pedestrian is injured in a car-pedestrian collision every eight minutes according to the National Highway Traffic Safety Administration (NHTSA). The elderly and child pedestrians face a much higher risk of being run over by a drunk, inattentive or otherwise unsafe driver. Elderly pedestrians can take longer to cross the street, so they are exposed to the risk of being struck by negligent or reckless drivers for a longer period of time. Children lack experience with judging distance and speed and can be less aware of the potential danger of running into the street.
When Savannah pedestrians are hit by a motorist driving unsafely, the severity of injury suffered tends to be serious because pedestrians have no protection from injury. The serious injuries experienced by a pedestrian who is struck by a car often cause permanent injury, disfigurement, disability and the need for long-term supportive care. These types of devastating injuries may result in devastating financial consequences for Savannah pedestrian injury victims. Our experienced Savannah pedestrian injury lawyers at Montlick and Associates understand the importance of obtaining the full value of a pedestrian accident claim when injury victims seek to move past their injuries.
What Injury Victims Need to Know about Savannah Pedestrian Accidents
People who are injured in pedestrian accidents are advised to seek prompt legal advice because the statute of limitations imposes strict deadlines for initiating legal action. Generally, when a legal proceeding is not initiated within the time prescribed by the statute of limitations, the right to file a lawsuit seeking damages will be permanently forfeited. Delays in filing a personal injury or wrongful death lawsuit arising out of a Savannah pedestrian accident also can result in evidence disappearing or witnesses becoming unavailable. While you should speak to a Savannah personal injury lawyer if you or a family member has been injured in a pedestrian crash, we have provided some key information that pedestrians hit by motor vehicles need to know about their legal rights and remedies.
Negligence is generally the key legal principle in a Savannah pedestrian accident claim under Savannah, Georgia pedestrian accident laws.
All drivers have a duty to exercise ordinary care to avoid running over or striking pedestrians with a motor vehicle. This duty includes engaging in prudent driving practices and observing traffic safety laws. When drivers fail to exercise caution in areas where pedestrians are present, such as residential neighborhoods and school zones, the consequences can be devastating injuries for pedestrians. Motorists must comply with traffic safety laws and yield to pedestrians.
While careless driving practices, lack of attention and violations of traffic laws can constitute negligence, insurance companies often attempt to shift blame for a pedestrian collision to the injury victim. Careful analysis of law enforcement reports, the accident scene and witness statements by our Savannah pedestrian accident attorneys often allow us to refute insurance company claims that a pedestrian was negligent. Even if a pedestrian is partially responsible for causing his or her own injuries, the pedestrian might still be entitled to financial recovery, though the damages might be reduced based on the pedestrian's percentage of fault.
What are the most common types of factors involved in Savannah pedestrian accidents?
Although there are many factors that can contribute to a pedestrian accidents, some of the most common involve the following:
- Driving under the influence of drugs or alcohol (DUI/DWI)
- Executing an illegal turn
- Failing to yield to pedestrians
- Violating the speed limit or driving at an unsafe speed given weather and traffic conditions
- Running a red light
- Disregarding a stop sign
- Distracted driving (e.g. text messaging or talking on a cell phone)
What are the defenses often used by insurance companies to avoid or minimize that amount of compensation paid out in a pedestrian accident claim?
There are an array of defenses that insurance companies often use in defending their insured against liability claims arising out of pedestrian accidents. Some of the most common types of defenses include comparative negligence, darting pedestrian, last clear chance and sudden emergency. Insurance companies also may try to obtain damaging admissions, recorded statements or past medical records to diminish the value of a pedestrian accident claim. These types of strategies and defenses are highly fact intensive, so you should seek a consultation with an experienced pedestrian accident attorney if you have questions about the potential defenses in your case.
What types of recovery might be available in my Savannah pedestrian accident lawsuit or insurance claim?
The value of a claim and the precise types of damages will depend on a broad range of factors, but damages that are frequently available include:
- Lost income during periods of disability
- Costs associated with hospitalization and medical bills
- Physical pain and mental anguish
- Loss of companionship of a spouse or guidance of a parent
- Death-related damages
- Punitive damages (cases of reckless or outrageous conduct)
Aggressive Advocates for Injured Pedestrians and Their Families for More Than 35 Years
If you or your loved one suffers serious injury or a loved one dies in a pedestrian accident, we invite you to call us for a free consultation today. No matter where you are located, our Savannah pedestrian accident lawyers 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 (1-800-523-6333). You also can visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.