Whether you’re going out for a run or just a leisurely stroll, it’s no surprise that people in Georgia like to spend time outside. Our temperate climate encourages outdoor activities. Increased pedestrian activity, however, also creates an increased risk of pedestrian accidents. Pedestrian accidents tend to happen more frequently in urban areas than suburban areas, often at intersections. In 2010, the National Highway Traffic Safety Administration reported 168 pedestrian fatalities in Georgia. If you or a family member has been hit by a car, truck, or other motor vehicle, Marietta pedestrian accident lawyer Norman Miller is here to help.Protecting Your Rights After a Vehicle Accident
As a pedestrian, you have rights. If you or someone you know has been hit by a car, you may have a claim under the legal theory of negligence. A negligence claim can unfold when a driver fails to use reasonable care while operating a vehicle. Reasonable care is what a reasonably prudent person would do in similar circumstances. In general, the victim needs to show that a driver used his or her vehicle in a way that a responsible driver wouldn’t have used it.
The victim must prove four basic elements to win on a negligence claim. First, the victim must show that the driver had a duty to drive with reasonable care. The victim then must show that the driver breached this duty, likely by being careless or inattentive in some way. Next, the victim must demonstrate that he or she suffered injuries or damages. Finally, the injuries or damages must have been caused directly by the defendant’s breach.
For example, think about a driver who hits someone while they were texting and driving. That driver did not use reasonable care while operating the vehicle because a reasonably prudent person would avoid such a risk. While there are many causes of pedestrian accidents, any of the following events could give rise to a negligence claim:
- Careless or inattentive driving
- Driving while intoxicated
- Drugged driving
- Texting while driving
It is important to know that a driver is deemed to have breached the duty of care when he or she breaks a law intended to foster safety on the roads. For example, driving while intoxicated is illegal. If a driver is intoxicated when he or she hits a pedestrian, the first two elements in a negligence claim will be met automatically. The victim should focus on proving causation and damages in those cases.
If someone you know died in a pedestrian accident, you may have a valid wrongful death claim. In Georgia, you can pursue a wrongful death action to get compensation for expenses related to the loss of a loved one in your immediate family.Injuries Commonly Associated with Pedestrian Accidents
While each pedestrian accident is different, the potential for serious injuries in such an accident is very high. Some of the most common injuries that pedestrians suffer after being hit by a motor vehicle are:
- Broken bones
- Traumatic brain injuries
- Spinal cord injuries
- Internal bleeding
- Back injuries
If a victim successfully proves the elements of his or her negligence claim, he or she may be entitled to damages from the driver. Under Georgia law, a victim can recover the financial costs associated with an accident. Our office will try to get you a settlement that accounts for your medical bills, property damage, pain and suffering, loss of earning, loss of future earning, and any other costs associated with your accident. While we prefer negotiating a fair settlement, we are not afraid to go to trial to advocate for a client’s rights.Contact a Marietta Lawyer for Assistance With Your Injury Case
Pedestrian injury attorney Norman Miller is committed to helping clients in Roswell, Smyrna, and throughout Georgia get the compensation they deserve. We will talk to you about your case free of charge. If we decide to represent you, we will conduct an in-depth investigation and build arguments tailored to your specific situation. If you have been injured in a pedestrian accident, call us at 770-284-3727 or contact us online for a free case evaluation.