Smyrna Pedestrian Accident Lawyer

Trusted Pedestrian Accident Attorney in Smyrna, GA

Pedestrians aren’t like the occupants of motor vehicles. They don’t have anything to protect them from harm in the event of an accident. As a result, people often become seriously injured when they are struck by cars. If you’ve found yourself in this position, a Smyrna pedestrian accident lawyer can help.

Trust the Barnes Law Group, LLC

You can trust the Barnes Law Group, LLC, to assist you with every aspect of your pedestrian accident case, from filing the initial claim through going to court on your behalf, should it become necessary. Our Smyrna personal injury lawyers have years of experience in litigating personal injury cases. In that time, we’ve assisted with countless pedestrian accident claims. We have what it takes to tackle even complex cases, so don’t be afraid to reach out about yours.

Reasons to Hire a Pedestrian Accident Lawyer

In 2024, there were 280 pedestrians struck and killed by motorists in Georgia. While that’s a decrease from 2023’s level of pedestrian fatalities, it still indicates that a significant number of people are suffering in Georgia due to pedestrian accidents. Recall that this statistic captures only fatalities and not the vast number of people injured in accidents with motor vehicles while walking.

If you were hit by a car while walking, you can hire a pedestrian accident lawyer to represent you. Your lawyer can handle all the details of your case, from the initial claim filing onwards, while you focus on what’s more important: healing from the accident. We can:

• Keep track of deadlines
• Collect evidence and interview witnesses
• Procure expert witnesses if needed
• Negotiate a settlement with the liable party’s insurance company
• Litigate your case should it go to court

You deserve to be fairly compensated for the harm you’ve suffered. Hiring a pedestrian accident lawyer is the most effective way to reach a favorable deal with the responsible party’s insurance company or otherwise hold them accountable.

Proving Motorist Negligence

Many pedestrian accident cases are based on proving motorist negligence. Every driver is expected to exercise reasonable care while they’re behind the wheel, and if they were driving negligently instead, they can be held liable for any injuries that occurred as a result. Your attorney can help you prove negligence.

There are two ways to go about proving negligence. The first is to prove negligence per se, which occurs when a driver violates the local laws. Drunk driving is one example, as it violates DUI laws. The second way is to prove the four elements of a negligence claim:

1. Duty of Care: Motorists owe pedestrians and other drivers a duty of care to exercise reasonable caution while they’re driving.
2. Breach of Duty: There are many ways drivers can breach their duty of care. They can do so by driving while distracted or drowsy, for example, even if they weren’t violating any traffic laws at the time.
3. Causation: To be compensated for your injuries, the driver’s negligence must have directly led to the accident.
4. Damages: You must have suffered compensable harm as a result of the accident, which can include medical bills, property damage, and non-economic damages like pain and suffering.

Your lawyer can assist you with gathering the evidence required to prove these four elements of negligence.

What Happens When Pedestrians Are Found Negligent?

Pedestrians can also hold some of the blame for an accident because they are also required to exercise reasonable care and use their common sense to protect their own safety. A failure to exercise reasonable care can lead to a court finding the accident victim to be fully or partially liable for their own injuries. Common reasons for pedestrians to be found at fault include:

• Jaywalking
• Walking down a highway
• Failing to respect the right of way
• Wearing dark clothes at night
• Walking in the street due to intoxication
• Darting in front of cars
• Failing to use crosswalks
• Ignoring “Don’t Walk” signs

If you were partially at fault, it can influence how much money you get from your pedestrian accident claim. However, because Georgia is a modified comparative negligence state, you’ll still be eligible to receive some amount of compensation as long as you were less than 50% at fault.

Accident victims found to be partially at fault for their injuries can have their final claim amounts reduced by the percentage of liability they’re assigned for the accident. If you’re not sure who’s to blame for your accident, don’t worry. Your personal injury attorney can help you determine liability.

Damages in Pedestrian Accident Cases

The purpose of filing a pedestrian accident claim is to recover damages. These damages represent all of the losses you suffered as a result of your pedestrian accident. Depending on the circumstances of the accident, you may be able to recover compensation to pay for:

• Medical bill reimbursement and payment for future medical expenses
• Property damage to anything you were carrying
• Compensation for lost wages and future lost income potential
• Non-economic damages such as pain and suffering, and mental anguish

To prove that you suffered these damages, your attorney can rely on evidence such as medical records, bills, pay stubs from your place of employment, and the testimony of expert witnesses.

Common Causes of Pedestrian Accidents

Most pedestrian accidents involve driver negligence or pedestrians who are distracted at the time of the crash. Common causes of pedestrian accidents include:

• Distracted driving
• Drowsy driving
• Drunk driving
• Speeding
• Aggressive driving
• Failure to follow the rules of the road

Each case is unique. Your lawyer can review the available evidence and determine the causes of your pedestrian accident.

What to Do Immediately After Your Pedestrian Accident?

As with any car accident, there are specific steps you should take following a pedestrian accident. Taking these steps can help you get the care you need and protect your claim. After any crash involving a motor vehicle, you should:

• Call 911: Call the police to report the accident, even if it seems minor. You could have suffered injuries you’re not aware of yet.
• Get the Driver’s Information: You should get contact and insurance information from the driver following the accident.
• Take Pictures: Take pictures of the accident scene, including any nearby street signs or markings, and document your injuries before you receive treatment for them at the hospital.
• Talk to Witnesses: If there were any witnesses to the accident, talk to them about what they saw and get their contact information. Your lawyer may want to interview them later.
• Go to the Hospital: Even if you think you weren’t badly hurt, you should still go to the hospital for a medical evaluation following a pedestrian accident. Some internal injuries can be quite serious, and they may not show immediate symptoms.
• Contact an Attorney: Once you’ve sought medical care for any injuries you sustained, your very next step should be to contact a pedestrian accident attorney.

You only have two years to file a claim under O.C.G.A. 9-3-33, so don’t put off hiring an attorney to assist you with your case. You shouldn’t wait until the statute of limitations is approaching. Instead, take action early and file your claim as soon as possible while all the details of the event are still fresh in your mind.

Avoid Talking to Insurance Adjusters

You should avoid talking to the liable party’s insurance adjuster until after you have spoken with a pedestrian accident attorney. Don’t make a recorded statement, as anything you say wrong could be used to reduce the value of your claim. Even seemingly innocuous statements like apologizing for the accident can be construed as accepting liability.

Insurance companies typically like to push for a fast claim resolution so that they can offer low settlements that won’t cover 100% of accident victims’ damages. You have every right to slow this process down and consult with an attorney each step of the way. It’s perfectly fine to tell the insurance adjuster that you aren’t willing to make a recorded statement until after you know how badly you’ve been hurt.

Pedestrian Accidents Involving Children

Unfortunately, many pedestrian accidents involve children. In 2023, 17% of all the child fatalities from car crashes were pedestrian accidents, and two percent of all the people killed in pedestrian crashes were kids. Young children just don’t have the self-control that adults do, and often assume that drivers will stop for them no matter what.

If a car hits your child, they may be entitled to damages, just like an adult. The difference is that children are assumed not to be able to exercise reasonable care to protect their safety and thus cannot be capable of negligence. As a result, any accidents they get into as pedestrians are almost always the fault of the motor vehicle operator.

Pedestrian Accident Wrongful Death Claims

Pedestrian accidents can quickly turn fatal if the person walking suffers serious injuries. When this happens, surviving family members can bring a wrongful death claim against the responsible party. While a wrongful death claim won’t bring your family member back, it can help you find a sense of closure and get access to the money you need to do things like:

• Pay burial and funeral expenses
• Make up for lost income
• Pay for the deceased’s medical care
• Compensate for loss of companionship

Ask your lawyer how to go about filing a wrongful death claim.

The Most Dangerous Areas for Pedestrians in Smyrna, GA

The intersection of Cooper Lake Road and the East-West Connector is one of the highest-risk areas for accidents in Smyrna. High speeds and poor visibility contribute to pedestrian accident risk. Pedestrians are also more likely to get into accidents on major, high-traffic streets like Cobb Parkway and South Cobb Drive. While you can’t avoid these pedestrian accident hotspots altogether, it’s a good idea to exercise some extra caution when walking in these areas.

FAQs

How Long Does a Pedestrian Accident Settlement Take?

How long a pedestrian accident settlement takes depends on a variety of factors. They include how complex your case is, whether it goes to trial, and how skilled your attorney is at negotiating with insurance companies. Working with an experienced Smyrna pedestrian accident attorney is the most effective way to get fairly compensated as quickly as possible.

What Should You Not Say to a Personal Injury Lawyer?

You should not tell lies to your personal injury lawyer. Anything you say to them should be covered by the attorney-client privilege, so there’s no need to worry about how the truth may impact your case. Your lawyer needs to be aware of all the details of what happened in order to represent you effectively in negotiations or at trial.

Can a Pedestrian Ever Be at Fault for an Accident?

A pedestrian can be at fault for an accident in Georgia. Failing to use crosswalks and signals or darting into traffic could place a pedestrian at fault. If you’ve been in an accident and you’re concerned that you may share some of the blame, don’t worry. Georgia’s modified comparative negligence rule means you can still recover compensation as long as you were less than 50% to blame.

How Much Is a Pedestrian Accident Claim Worth?

How much a pedestrian accident claim is worth depends on the specifics of the case. You’ll be more likely to get a higher settlement if you suffered catastrophic, life-altering injuries than someone who only broke a bone, and you’ll receive a higher percentage of your total payout if the liability for the accident lies exclusively on the other party. Your lawyer’s skill at negotiating with insurance companies can also impact your claim’s worth.

Your Smyrna Pedestrian Accident Lawyer

If you’ve been hit by a car while walking, the chances are good that you’ve suffered serious injuries. Let a Smyrna pedestrian accident lawyer help you get fairly compensated for them. The team here at the Barnes Law Group, LLC, has a reputation for providing compassionate, client-centered services to those wronged by others’ negligence or misdeeds. We can help with your pedestrian accident claim, too. Contact us to schedule an initial consultation today.