Traveling in high-traffic metropolitan areas, like Atlanta, puts you at greater risk for accident or injury. Although each commuting method brings risk, pedestrians often get caught in the crossfire when it comes to accidents and accident compensation. What’s more, the city’s sometimes limited sidewalks and mediocre public transportation system can make it frustrating and often dangerous for pedestrians to get around.
At Henningsen Injury Attorneys, P.C., we offer a free consultation to discuss your case.
Call 404-882-6810 today to discuss your case for free. No charge until you win!
Pedestrian Accidents: The Facts
The Georgia Governor’s Office of Highway Safety reports that while the number of motor vehicle traffic-related deaths has declined in recent years, the number of pedestrian deaths has increased. Specifically, the number of pedestrian accidents in Atlanta has increased by 60% over the last five years. According to the CDC, nationally, nearly 8,000 pedestrians were killed in crashes involving a motor vehicle in 2021, which is about one death every 66 minutes.
More than three-fourths of all pedestrian accidents occur in bigger metropolitan areas like Atlanta. Additionally, Georgia is ranked among the top five states with the most pedestrian deaths including California, Texas, Florida, and Arizona. These states account for nearly 50% of the pedestrian deaths occurring nationally.
Negligence In a Pedestrian Accident
If you are injured in an accident as a pedestrian, you may be able to file a claim for your injuries and resulting expenses. However, you must be able prove that the driver involved acted negligently. This means that the other party failed to take reasonable care in minimizing the risk of injury to others, which resulted in your injury.
In most cases, negligence is fairly obvious. For instance, drivers are supposed to yield at a crosswalk. If they fail to do so, this would be considered “negligence per se.” This means that the law presumes the driver was negligent without any further evidence because they broke the law.
However, negligent behavior alone is not enough to win your case. You, the victim, are charged with the burden to prove that the behavior of the negligent driver caused your injury. This is why it’s important to hire an experienced personal injury attorney who understands the law and little nuances involved in pedestrian cases.
While, as a general rule, drivers are supposed to do everything in their power to avoid colliding with a pedestrian under any circumstance, pedestrians do not always have the right of way. For example, you should always yield to cars when not in a crosswalk. And, even if you are at a crosswalk, if the “do not walk” signal is displayed, you should never cross.
Shared Responsibility In A Pedestrian Accident
Sometimes, both the driver and the pedestrian share fault for an accident. However, in Georgia, the pedestrian could still be successful in a lawsuit against the driver as long as they’re not more than 50% at fault.
Allocating fault in a negligence case is not always easy, but everything comes down to the reasonableness of each individual’s actions under the circumstances and whether or not they adhered to their duty of care.
So, for example, if you were wearing dark clothes while jogging at night, then those actions could be deemed unreasonable behavior for failure to follow adequate safety precautions. In that case, your damages may be reduced based on your degree of fault.
Common Pedestrian Accident Causes
Approximately 75% of fatal accidents involving pedestrians occur at night and 60% occur on local streets and state highways, as opposed to interstate or county roads. While there are many different causes of pedestrian accidents, the following are some of the most common:
- Unmarked crosswalks
- Left-hand turns
- Use of electronic devices by the pedestrian or driver
- Distracted driving
- Quiet electric vehicles
- Alcohol or drug use
If you’re injured as a pedestrian in a car accident, a personal injury attorney can provide a variety of legal services to help protect your rights. From negotiating with insurance companies to filing a lawsuit, your attorney will help you hold the negligent party accountable for their actions and ensure that you get the financial compensation you deserve.
Common Pedestrian Accident Injuries
These accidents can be serious and oftentimes result in significant medical costs, substantial time spent in rehabilitative therapy, and even lifelong nursing care. Common injuries include:
- Broken bones
- Coma
- Head and neck injuries
- Herniated discs
- Internal organ damage
- Paraplegia
- Quadriplegia
- Traumatic Brain Injuries
- Spinal cord injuries
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