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.
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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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An attorney’s office SET APART! We were so happy and confident having Tammy work for us and grateful Mr. Henningsen chose to represent us. A bad experience led... read more to a pleasant one. I appreciate what was achieved on my behalf. Thank you, Tammy! Thank you, Todd Henningsen!
March 1, 2023Outstanding service. We got our settlement. LaShanda is very professional and took care of our family. She assured that our questions were answered and we had a full understanding. She... read more assured the maximum settlement amount. Would recommend them to anyone looking for the maximum settlement
March 27, 2018Unfortunately, I have had to deal with PI cases on several occasions. Working with Henningsen Injury Attorneys was by far the best experience. I felt completely informed and advised... read more throughout the entire process and it was great to be able to reach out and communicate with Carmen via email (my preferred method) and receive responses quickly. I uphold and appreciate any service that truly values my business and with this team I felt my interest was always placed first. I would highly recommend this team to anyone looking for legal representation on a personal injury case. Thank you Carmen and the entire team at Henningsen Injury Attorneys.
March 27, 2018 -
I was always informed of what was going on with my claim they worked well together as a team. Always keep my best regards as a priority especially at the... read more injury I suffered with. Several broken ribs do to a car accident where I was the passenger. Henningsen Attorney got me Paid. And I am grateful for their services I would highly recommend them .
March 27, 2020I really appreciated and enjoyed the hassle-free experience of working with Henningsen Injury Attorneys. My consultation with Mr. Henningsen was seamless. He answered all my questions thoroughly and... read more with ease, and was also very personable. Throughout my case, Lashanda called to update me about my case regularly and kept me abreast of where we were in the case process. The law firm had excellent communication and Lashanda returned my calls promptly. Hennigsen and Lashanda were able to settle my case promptly and favorably. I would highly recommend.
March 27, 2019 -
I had such a good experience with Henningsen Injury Attorneys. They were very quick on everything I needed. They answered all of my questions in a timely manner and handled... read more everything professionally. They went above and beyond my expectations. I would recommend them to anyone that likes true professionals.
March 27, 2018Highly compassionate, helpful and attentive to my legal information needs. They were very quick to respond to my inquiries. Mr. Henningsen and his team are among the best law firms... read more in the area. My entire experience with Mr. Henningsen and his paralegals was very pleasant. I will definitely recommend them to all friends and family!!
March 27, 2018I am so thankful for Tammy. She kept me in the know for everything that was happening with my case. I was always greeted with enthusiasm when I called and... read more always got a call back every during the holidays. If you need a great attorney please contact them!!! Definitely recommend..
March 27, 2020 -
Henningsen Injury Attorneys is the absolute best. This was my first time needing a injury attorney and they made the process stress-free. They are professional, understanding, and you can really... read more feel that they care about you and your needs. I am so grateful they were recommended to me AND I would definitely recommend them to you.
April 27, 2022After I was rear ended , the insurance company started giving me the run around. I work full time and do not have the time to battle with insurance... read more to have my car repaired. I had seen Mr. Henningsen on Atlanta and Company (11Alive) and he seemed like a good person, not some flashy tv attorney. I contacted him , we had a meeting and he took care of everything else. Carmen (the para, I think) were great to work with , I would use him again and recommend him to friends.
March 27, 2017Currently working with Todd, have been a client for the past 8 months. He and his firm are awesome about updating and keeping in contact. Very professional, great work and... read more has gotten me a great settlement. He is a very hard worker, knows his stuff inside & out, and is extremely well with explaining each piece to understand each part of the process. Will definitely recommend!
August 29, 2012 -
I had a really great experience with the firm. They handled my case quickly and it was easy to tell they knew what they were doing. Hope to never need... read more them again but will definitely use them again. Lashanda is awesome!! Great person to work with, very honest and kept me in the loop at all times.
March 27, 2017Kudos for your excellent works! I am more than satisfied for all the attention and impeccable services I received from Henningsen Injury Attorneys , P.C. Keep up the work!
May 27, 2022Henningsen Attorneys handled a auto accident on behalf of my husband. The accident resulted in a hospital stay and the total loss of his automobile. The firm handled everything for... read more us from the very beginning. Excellent, clear advice with constant communication. Compassion and commitment as they guided us through a lengthy legal process. I recommend them to all my friends and family. Thank you to the dedicated team of Henningsen Attorneys! Lanice Sudduth
March 27, 2022 -
An attorney’s office SET APART! We were so happy and confident having Tammy work for us and grateful Mr. Henningsen chose to represent us. A bad experience led... read more to a pleasant one. I appreciate what was achieved on my behalf. Thank you, Tammy! Thank you, Todd Henningsen!
February 27, 2023I tried working with the guilty party's insurance company on my own and was getting nowhere fast. It was part frustration and in desperation that I reached out to Henningsen's... read more office. I'm sure glad I did because they took over and I stopped stressing about it. I wish I had called them earlier. I tell anyone that's been in an accident to call them. Even if it's just to ask questions. Lashanda was great to work with. Thank you to the Henningsen Injury Attorneys and team for getting our case settled and taking the stress out of it.
March 27, 2022I highly recommend Henningsen Injury Attorneys, P.C. for anyone seeking representation for an auto accident or personal injury case. Attorney Henningsen, Rebecca and the team provided phenomenal service from the... read more initiation of my case to the conclusion. They are very knowledgeable, honest and always give 100% efforts for their clients. Honestly, they deserve more than five stars.
March 27, 2022 -
I am very happy to have worked with Rebecca and this law firm. She is extremely professional and was very helpful throughout the process of my case.
March 29, 2023Rebecca was Amazing. Great communicator and made sure I got the biggest settlement possible. She was able to answer any questions I had and updated me with any changes in... read more my case. Best injury attorney I’ve had thus far
November 27, 2022My experience with the Henningsen Firm was amazing! I'd been injured in two other car accidents in my life and the paralegals who worked the cases were hard to reach... read more and not very helpful. Also, it took almost two years for my previous cases to be settled so you can imagine my surprise when LaShanda called me and told me my offer from the insurance company was in after only 5 months?! Case was settled totally a month later. I can't say enough great things about this firm. I'm so thankful!
March 27, 2017 -
Mr. Henningsen has represented me in (3)three accidents. His staff is absolutely wonderful and attentive to their clients. From the time hired and through all of the medical treatments not... read more once did they not check up with me... Rebecca was wonderful from start to finish and Mr. Henningsen is the bomb. I have referred multiple clients based off my experience not once did I think his office wouldn’t take care of them. I give his firm an A+ in all areas I absolutely would recommend his firm for representation! Salema
March 27, 2021Great Service. My case was handled very professionally. I understood that they are busy and did just routine follow up nothing more than needed. LaShanda is very good at her... read more job and was on everything I sent in. She kept me in the loop throughout out my case and never once did she not respond with ultimate respect and she was readily available to answer any of my questions and concerns. I met with Todd, he was kind.
March 27, 2018I would recommend to anyone! I’ve heard horror stories about various law firms and I was very skeptical in the beginning. However, I am so grateful for my experience with... read more the Henningsen Law Firm. This is actually a late review. My first experience with them was in 2018. Mrs. Tammy was my case manager and she is A1! She is very professional. Mrs. Tammy communicates thoroughly and timely which is really important when going through an emergency situation. Any time I had a question, Mrs. Tammy answered me with clear and direct answers! I had never been in an accident prior to my incident in 2018 and she gave me so much peace throughout my case. I am so glad I found them. During that time, I didn’t have any medical insurance, my car was a total loss, and suddenly it was a domino effect of unfortunate events for me such as losing my job, housing, etc...My attorney group still made sure I had the best medical care and transportation. I’d also like to mention that my settlement was reached pretty quickly compared to what I’ve been told is the norm; and it was more than enough for me to get my life back together, even after the medical bills, etc...I truly felt as if they fought for me! I’ve recently been in another accident. I didn’t even think twice before calling them again and I asked for Mrs. Tammy, lol. No offense to any other case managers because if you work with this firm, I’m sure you’re great. However, my grandma always told me “if it ain’t broke, don’t fix it”! I love Mrs. Tammy💚. I have no worries about anything. Anytime someone I know gets in an accident, I refer them to Todd Henningsen because I know they will be taken care of all the way around. He is considered a “Super Lawyer” for a reason! You would think I was on their payroll the way I talk about my experience with this firm, but it’s only because I mean it and I want to help someone else make the best decision for themselves as well! If you have any doubt, let Henningsen see you out! God bless
March 27, 2021 - Kenyon Adams
January 27, 2023Overall an amazing experience. There was always someone there to answer any question that I had. Tammy in particular helped me when I felt like no one else could. She... read more even helped me get a settlement more than what I expected! I would recommend to anyone!
April 27, 2022LaShanda is the GOAT (greatest of all time). Very personable and easy to talk to which is important in a stressful situation. I got hit by an uninsured motorist which... read more totaled my new car. I found Henningsen on google and was impressed with the reviews. I called and someone came to meet me at work within the week. I received frequent updates via email and phone calls. I would highly recommend. Hopefully l won’t need legal counsel anytime soon, but if I do I know where to go.
March 27, 2019