Pedestrian Accidents

Atlanta scores a 46 out of 100 in terms of walkability, which means that the majority of errands require a car. Still, many pedestrians do walk in Atlanta either for recreation or to commute and run errands. Unfortunately, these pedestrians are at risk of becoming involved in accidents that could cause serious injury or even be fatal.

Many pedestrian accidents occur because drivers aren't careful enough to avoid injuring walkers or because drivers disobey safety rules designed to protect pedestrians. When a collision occurs, the driver who is to blame can be held legally liable for all resulting injuries or for the death of the walker. An Atlanta pedestrian accident lawyer can help those who have been harmed to pursue a claim for damages. To learn more, contact the Law Office of Brian C. McCarthy today to have your case evaluated by a legal professional and to get answers to some questions you might have including:

  • Who is responsible for my pedestrian accident?
  • What should I do if I was in a pedestrian collision?
  • How can an Atlanta pedestrian accident lawyer help with my case?

Who is Responsible for a Pedestrian Accident?

Determining the cause of a collision is key to determining who was responsible. In many cases, drivers are the cause of pedestrian accidents because the motorists disobey safety laws or make negligent and careless choices. For example, a driver could be held responsible for a pedestrian accident resulting from:

  • Drowsy driving
  • Impaired driving
  • Distracted driving
  • Speeding
  • Failure to yield

In these and other situations, the driver makes a mistake and behaves in a way that no reasonably prudent driver would act. This negligence can lead to liability for all losses caused by a resulting collision.

Sometimes, pedestrians may also take risks like crossing outside of a designated crosswalk. The law in Georgia still allows a pedestrian to recover partial compensation provided the walker is not 50 percent or more responsible for causing the collision.

What Should I Do If I was in a Pedestrian Collision?

Pedestrians injured by dangerous drivers should pursue a personal injury claim, while those who lose loved ones should sue for wrongful death. Bicyclists or their family members will need to prove:

  • That the driver violated a safety law or regulation, or that the driver was unreasonably careless
  • That the pedestrian accident occurred as a direct result of the driver's behavior
  • That the pedestrian was actually injured or killed because of the collision

The sooner you start gathering evidence regarding who was to blame, the better the chances of recovering compensation for pedestrian accident losses. A police report from the accident scene; medical records; witness statements and testimony from accident reconstruction specialists can all prove invaluable in recovering pedestrian accident compensation.

When you have a strong case, you can go to court and convince a jury to award you compensation in a personal injury or wrongful death lawsuit. Many cases also settle outside of court, and having solid evidence will help you to convince the insurance company to pay you full compensation for damages.

How can an Atlanta Pedestrian Accident Lawyer Help With My Case?

An Atlanta pedestrian accident lawyer can help with an investigation and with interviewing witnesses to your accident. Your attorney will also do much more, advising you on who to pursue a claim against; dealing with the insurance companies on your behalf; and advocating for you in court.

To learn more, contact an experienced Atlanta pedestrian accident lawyer at the Law Office of Brian C. McCarthy today. We serve clients in Cobb County, DeKalb, Fulton, Forsyth, Cherokee, Henry and Clayton Counties as well as throughout North Georgia.