Pedestrian Accident Attorney in Douglasville
When a negligent motorist hits an innocent pedestrian, the results are almost always catastrophic. Pedestrians have basically no protection in a collision with a vehicle that weighs thousands of pounds. They are likely to suffer severe if not fatal injuries.
Everyone has a duty to share the road responsibly regardless of whether you are a driver, cyclist or pedestrian. People driving larger, heavier vehicles have a particular obligation to think of others and act responsibly behind the wheel. Unfortunately, drivers too often fail to live up to their duty.
The Douglasville injury lawyers of Sherrod & Bernard, P.C., have protected the rights of pedestrians in our community for decades. If you were legally walking along the road, down the sidewalk or through a parking lot, and you were hurt due to a negligent motorist, call or reach us online to take advantage of a free consultation. We can discuss your rights and help you to explore your options.
- 1 What Should You Do If You Are Injured in a Pedestrian-Car Collision?
- 2 What are Common Injuries in Pedestrian Accidents?
- 3 How do You Prove Driver Negligence in Your Injury Case?
- 4 What Compensation is Available in Pedestrian Injury Claims?
- 5 What If You Were Partially at Fault for Your Accident?
- 6 Get Help from a Douglasville Pedestrian Accident Lawyer
What Should You Do If You Are Injured in a Pedestrian-Car Collision?
If you are involved in a pedestrian accident, you want to make sure that you get medical attention as soon as you can. Even if you do not think that you were harmed, it is still wise to go to a hospital in order to be sure. A doctor will know how to examine you and order tests in order to determine your injuries. Also, getting timely medical attention and establishing a record will be important for your injury claim.
Additionally, you should try to take pictures yourself or ask somebody else to take pictures of you, the vehicle and the accident scene. You should also look for people who may have seen your accident and get their names and phone numbers in case the insurance company disputes your version of events, and you need witnesses to support your version of events.
The insurance company for the negligent driver will more than likely contact you after the collision. You should avoid speaking to the insurer. Tell the lawyer to talk with your lawyer instead.
From the moment you start talking, the insurer will look for ways to deny or minimize your compensation. The insurer may try to convince you to give a recorded statement or even offer you a settlement to quickly resolve your case. The settlement may sound attractive. Still, upon closer examination, you and your lawyer may likely find that it fails to fully and fairly compensate you.
You are right to want everything you are entitled to receive. An experienced personal injury attorney at Sherrod & Bernard, P.C. will know how to pursue that compensation for you. The lawyer will be able to accurately gauge the true value of your case and seek the maximum amount for you.
What are Common Injuries in Pedestrian Accidents?
Our attorneys at Sherrod & Bernard, P.C. have seen first-hand the catastrophic injuries that victims suffer in motorist-pedestrian accidents. In some cases, a pedestrian may share some blame for an accident. However, the unfortunate fact is that the majority of pedestrian accidents result from a driver’s speeding, aggressive driving, texting while driving, failure to see the pedestrian or other careless or reckless behavior.
Some of the most common types of injuries which pedestrians suffer in these tragic accidents include:
- Neck injuries
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Muscle strains
- Internal organ injuries
These injuries don’t just cause extensive pain and anguish. They often lead to overwhelming medical expenses that most normal people are not prepared to handle. The cost of treatment and recovery can often be impossible to manage without fair compensation from the party responsible for the accident.
How do You Prove Driver Negligence in Your Injury Case?
People are rarely willing to accept responsibility for serious injury crashes, even if it is clear that they were at fault. The insurance company for the negligent driver in your pedestrian accident case will likely argue that you were somehow at fault for your injuries. To prove that the other party was responsible, you will need evidence of the driver’s negligence.
Many pedestrian accidents, for instance, result from distracted driving. A driver may hit a pedestrian while talking or texting on a cell phone. In these cases, a lawyer from our firm can seek the driver’s phone records to get proof that they were actively using the phone at the time of the collision. In many other cases, the driver may have been driving under the influence (DUI).
If criminal traffic charges are filed against a driver involved in a pedestrian accident case in Georgia, the criminal case will be completely separate from the civil case. A driver who avoids a criminal conviction can still be held civilly liable. The burden of proof actually is lower in a civil case (preponderance of the evidence) than in a criminal case (beyond a reasonable doubt).
What Compensation is Available in Pedestrian Injury Claims?
If a negligent motorist or other party caused you harm as a pedestrian, you could be eligible to recover compensation in the form of economic and non-economic damages. The types of damages and the specific amount will depend on the circumstances of the crash and the nature and extent of your injuries. You will get a better idea of the amount in your case when you speak with an experienced pedestrian accident lawyer at Sherrod & Bernard, P.C.
Some of the damages you could be eligible to recover include:
- Past and future medical expenses
- Lost wages
- Reduction in your future earning ability
- Replacement (or repair) of damaged personal property
- Any other related travel expenses and miscellaneous out-of-pocket costs
- Pain, suffering, anguish and post-traumatic stress
Your attorney will investigate your pedestrian accident case and accurately assess all of your injuries, expenses and losses and will be able to tell you what types of compensation you are due.
What If You Were Partially at Fault for Your Accident?
In some states, being even slightly at fault for an accident could bar you from recovering any compensation at all. Fortunately, Georgia is not one of those states. If you were hurt as a pedestrian in Georgia, the state’s comparative negligence laws will still allow you to recover compensation if you were 49 percent or less at fault for the accident. Only parties that are 50 percent or more responsible for an injury accident are ineligible to recover damages.
Because of this rule, the other party may claim that you were entirely responsible for the pedestrian accident that caused your harm, or the insurer may look for details in your case that could increase your percentage of fault – all in an attempt to pay you as little as possible. That’s why you need an experienced lawyer on your side to protect your rights.
Get Help from a Douglasville Pedestrian Accident Lawyer
Sherrod & Bernard, P.C., aggressively represent pedestrians who are hurt in accidents in Douglasville and throughout West Georgia. We have more than 85 years of combined legal experience, and we are ready to put it to work on your case. Contact us to set up a free consultation with a caring, compassionate member of our legal team today.