People walking on sidewalks and streets typically anticipate that they will arrive at their destinations unharmed. Unfortunately, though, many drivers fail to notice pedestrians or grant them the right of way when they should and subsequently strike them with their vehicles. Accidents involving pedestrians often cause catastrophic injuries, and reckless motorists should be held accountable for the harm that they cause innocent people to suffer. If you or a loved one were hit by a car while walking, you have the right to seek compensation, and it is prudent to meet with a lawyer as soon as possible. At Don Turner Legal Team, our Roswell pedestrian accident lawyers have the skills and experience needed to prove claims against reckless drivers. If you engage our services, we will develop compelling arguments in favor of your recovery of damages.Georgia Laws Regarding Pedestrians
Under Georgia law, motorists must safely operate their vehicles at all times. This means, in part, that they must drive reasonably and prudently when approaching intersections and when there are conditions or roadways that pose a special hazard to pedestrians. The law also specifically requires drivers to exercise due care to avoid collisions with pedestrians and to use their horns if needed. Furthermore, if a motorist approaches a pedestrian in a crosswalk, the driver must stop and allow the person to cross the road. If a driver is stopped at a crosswalk to allow a pedestrian to cross, approaching cars are prohibited from passing the stopped vehicle.Elements of a Lawsuit Arising Out of a Pedestrian Accident
Pedestrians who are struck by cars often suffer devastating injuries that cause not only physical pain but also economic losses. As a result, they often choose to seek compensation via personal injury lawsuits against the drivers who hit them. Typically, a pedestrian accident attorney in Roswell will help a victim try to prove that the defendant was negligent.
In Georgia, negligence is comprised of four elements. First, the plaintiff must show that the defendant owed the plaintiff a duty. The duty may be to act as a reasonable person would in a similar situation or to abide by traffic laws. Next, the plaintiff must prove that the defendant breached the duty owed. Then, the plaintiff needs to establish causation and damages. This means that the plaintiff must demonstrate that he or she suffered identifiable losses due to the accident and that they were proximately caused by the defendant’s breach. In other words, the plaintiff’s harm would not have occurred if the defendant had not departed from the duty owed.
In some cases, the defendant will argue that the plaintiff is responsible for causing the accident and should not be granted any damages. For example, the defendant might claim that the plaintiff was crossing an intersection at an inappropriate time or wandered into the road in front of the defendant’s vehicle. A Roswell pedestrian accident attorney can help counter assertions of the plaintiff’s fault. In Georgia, only plaintiffs who are deemed 50 percent or more at fault for their own harm are barred from recovering damages. Plaintiffs who are less than 50 percent responsible can recover compensation, but the damages that they receive will be reduced in proportion to their fault. For example, if a jury awards a plaintiff in a pedestrian accident lawsuit $200,000 in damages but finds the plaintiff to be 30 percent at fault for the accident, the plaintiff’s compensation will be reduced to $140,000.Consult a Capable Car Accident Attorney
Pedestrians who are struck by careless drivers often suffer lifelong harm. If you were hurt in a pedestrian accident, you might be owed damages from the driver who hit you, and you should meet with a lawyer to assess your possible claims. The capable car accident attorneys at Don Turner Legal Team can advise you of your rights and aid you in pursuing the full amount of compensation recoverable under the law. Our pedestrian accident lawyers are based in Roswell and have additional offices in Atlanta and McDonough. We assist people throughout Georgia, including in Fulton, DeKalb, Cobb, Gwinnett, Clarke, Cherokee, Douglas, Forsyth, Greene, Hall, Henry, Richmond, and Rockdale Counties. You can contact us at (770) 594-1777 or via our online form to set up a consultation.