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
My Son was hit by at truck while attending college. Fortunately he was not critically injured, but he suffered physical and emotional trauma. Todd Henningsen took on our case and... read more was able to get a settlement that fairly compensated my son, not only the medical bills, but for the entire traumatic experience. Todd and his staff, particularly Carmen, patiently guided us through the entire process and we felt we were in good and capable hands from the beginning. If you are looking for an injury attorney, it's because someone you love has been injured or perhaps worse. This is when you need to feel the utmost confidence in the people that are representing you, taking the stress out of an already difficult time. I highly recommend Henningsen Injury Attorneys, PC .

Tim Steele
December 27, 2022Overall 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!

Kyle Meyer
April 27, 2022I was a wreck after my Car Accident. I called The Law Office of Todd Henningsen Injury Attorney. And the staff was very helpful and supportive with advice on how... read more to proceed. I would recommend this Law Firm if/when the need to do so. Thank you!!!! So much for Everything we were Very Satisfied with the Settlement.

Gwendolyn Scretchen
March 27, 2020After 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.

Ted Dougherty
March 27, 2017LaShanda 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.

Raven M.
March 27, 2019I 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.

Ammee Smith
March 27, 2019I 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.

mj
March 27, 2022I was involved in an accident that wasn't my fault, I really didn't have a clue what to do next. The day after I was released from the hospital I... read more was very down because I was hurt, out of work and scared. My wife and I were watching TV, and good day channel 5 featured Mr. Todd Henningsen, injury attorney and he was actually giving advice for FREE....We took that as a sign, and called. From the moment I walked through his door, I was treated with kindness, respect,and EVERYTHING with my case was taken care of by Mr Henningsen and his paralegal Carmen, all I had to do was follow their instructions. I was very impressed with their service from start to end. I will recommend them to EVERYONE I know. Thanks so much, and I wish you both much success

Luis Vargas
March 27, 2016I was referred to this agency by a friend of mine and couldn’t have made a better choice! LaShanda Boyd was absolutely thorough when it came to my case. Was... read more rear ended by a driver that had no insurance.. but she ensured that everything was being taken care of throughout the process and we were able to settle. Highly recommended!

Jessica Davis
March 27, 2019A great experience with Henningsen, specifically Tammy. She was very professional, pleasant and kept me updated every step of the way. Last but not definitely least I was very pleased... read more with my settlement. I wholeheartedly recommend this practice and would surely use them again.

Rita McMillan
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

Virgil Lanice Sudduth
March 27, 2022I am very satisfied with the assistance I received from Mr. Henningsen and his paralegal Carmen. If I had not gone to see him I would still be suffering from... read more severe neck pain after being t-boned while driving on the interstate. The cost of the care and treatment was beyond what I otherwise would have been able to afford. The practitioners he referred me to were topnotch and the physical therapy treatments have restored me to a good level of functioning. Thank-you Todd and Carmen.

Linda Hoffman
March 27, 2016Thank you to Karen and the rest of the team for helping me with my PI case. The team will help you reach the best decision for your situation without... read more pressuring you and will keep you up to date as much as possible. I definitely recommend this team to anyone dealing with the stressors of a personal injury case!

Brianna Cheek
October 27, 2022Great 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.

S Sonkey
March 27, 2018I am very pleased and impressed with the quality of service that was rendered by this attorney firm. They were very helpful from beginning to the end of my... read more case. All of the employees were very professional, and they kept me informed throughout my case. They are a no. 1 law firm, and I will certainly highly recommend them.

Annette Johnson
March 27, 2022I 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.

Barbara C
March 27, 2022An 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!

Six S (SixS)
March 1, 2023I 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..

Needa Toyou
March 27, 2020I had nothing but an extremely positive experience with Henningsen Injury Attorneys. Todd and his entire staff are so caring and professional every step of the way. They really make... read more a stressful situation so easy for their clients. I cannot recommend this firm enough!

Amanda Jordan
August 29, 2018My 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!

Nicole Golson
March 27, 2017Henningsen 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.

Taraeh DeGrasse
April 27, 2022I was in a car accident and originally had representation from another law firm ( one of those famous tv firms who shall not be named) I was sooo dissatisfied... read more from the beginning. I then researched another firm for representation and I came across Henningsen. From the start they took care of everything for me, they maintain constant communication with me through out the whole process keeping me informed. They gave me expectation during our initial interaction and by the end of it all the service they provided exceeded those expectations. I highly recommend this law firm. Thank you Henningsen but specifically the case manager Tamera smith.

Abdul-Qayyum Muhammad
March 27, 2022I was hurt in a t-bone collision recently. Mr. Henningsen and his staff did an amazing job getting me the help that I needed. They are knowledgeable, experienced and very... read more easy to work with. I will be recommending them to my friends and family.

Michelle Sosia
March 27, 2017I was in a very severe motorcycle accident in September of 2017. I was in the hospital for a long period of time. I went online and googled injury attorneys... read more and the hennigsen firm popped up. I called and Todd was at the hospital within an few hours. He sat down explained everything to me to make sure I understood what we needed to do and the direction to take things. I am very pleased with their services. They always called me back and if I had a question they got back with me as soon as possible. They are truly great people and will take GREAT care of you. Carmen was great as well. She was always on top of things and got back with me promptly. I couldn’t have asked for better people to help me through such a difficult time in my life. If you are in need of any kind of legal support that they specialize in i highly recommend them. They are VERY trustworthy people and always look out for your best interest. I will continue to recommend them to anyone and everyone!

Amber
March 27, 2019