Atlanta Pedestrian Accident Lawyer

Pedestrian accidents are different

When a pedestrian and a car collide, it usually means a serious injury. Fractures, neck or back injuries, and fatalities regularly occur in a pedestrian case. There are also very unique protections afforded pedestrians. We have recovered millions of dollars for injured pedestrians. We can help you.

We have a proven track record

We have handled numerous pedestrian accident cases. In one case, the insurer tried to offer $250,000. We were hired, and we recovered over $2,000,000 for the pedestrian.

We have accolades (just not the ones you pay for)

We have been recognized as Super Lawyers. We have a 10/10 AVVO rating. We are listed as one of the Best Firms in America by US News & World Report.

What To Do After a Pedestrian Accident in Atlanta?

A pedestrian accident is scary, and it can be tough to know what to do. Here are some guidelines about what to do when you are in a pedestrian accident.

1. Check on everyone at the scene.

A lot of times, pedestrian accidents can be serious, with broken bones, neck or back injuries, torn ligaments, or death. The most important thing to do is to check on yourself and the other folks involved in the accident. If you can assist in any way, do it.

2. Call the police.

A pedestrian accident needs to be reported to the police. Even if you think you’re fine, there is simply too big of a risk to you as a pedestrian not to call the police.

3. Preserve as much evidence as you can.

Take photographs. Now, with cell phones, you can document the scene easily. You should speak with any witnesses around and get their contact information (full name, address, email address, and phone number). A lot of times witnesses will leave a scene shortly after the accident occurred because they have somewhere to be. That is why it is very important to get witness contact information immediately.

4. Cooperate with the investigating officer.

Tell the police officer what happened. It is important to be truthful. We have a saying at our firm: We can deal with the facts no matter what they are, but we can’t deal with make-believe. We need the truth to get to the bottom of the case.

5. Seek medical treatment.

If you were injured in a pedestrian accident, it is important to get checked out by a doctor. You could have unseen or unfelt injuries when you’re involved in a violent impact with a vehicle. Take the time and see the doctor.

6. Call your insurer.

For both the pedestrian and the other driver, it is very important to contact your insurer immediately. Most insurance policies have requirements that they be notified “immediately” or “as soon as is practicable.” If you fail to notify your insurer, you may lose benefits under your policy.

7. Research and find a good attorney.

A pedestrian case is fact-intensive, deals with unique laws, and often involves serious injuries. A pedestrian accident needs an experienced pedestrian accident lawyer.

Who is At Fault in a Pedestrian Accident?

Georgia has statutes that, generally speaking, give pedestrians the right of way. One of these statutes states “The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk….” Notice that this language in this statute is not permissive like “may” or “should.” The language is an order, the driver “shall stop.” Another statute says “Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway….” This rule again says the driver “shall” avoid colliding with a pedestrian.

But, don’t go jumping out into the roadway just yet. There are exceptions to nearly every rule, including these. Georgia law requires pedestrians to exercise ordinary care while walking. This means a person walking has to act reasonably and watch for their safety. There are statutory duties as well. These include the general duty to use a crosswalk, not dart into traffic, and not to cross traffic diagonally. O.C.G.A. § 40-6-92.

An injured pedestrian in Georgia can recover if they are less than 50% at fault. We can help an injured pedestrian obtain the justice they deserve.