Many things can cause a pedestrian to get hurt. An inattentive driver can strike a person who is walking across the street. A construction company can create a hazardous condition on a sidewalk that hurts a walker. Under Georgia law, you can sue for a pedestrian accident or whoever was negligent in causing the accident that injured you. Sometimes, more than one party caused or contributed to the incident.
The Right-of-Way and Pedestrians
It can be hard to provide a simple answer to questions about who has the right-of-way between cars and walkers. Here are some of the general concepts you need to know:
- Pedestrians do not have an absolute right-of-way.
- Drivers of motor vehicles do not have an absolute right-of-way.
- Pedestrians and drivers should obey all applicable laws, like traffic signals and signs.
- If a walker is crossing the street, a driver must slow down and wait for the person to cross safely, even if the car has a green light.
- A driver might not be liable if a pedestrian suddenly darted into the street, and the vehicle operator could not stop in time to avoid a collision.
- Both walkers and drivers must make a reasonable effort to avoid accidents, regardless of who has the legal right to proceed at that moment.
You do not have to try to figure out who will be liable in your pedestrian accident case. There are so many variables that we cannot possibly list all of them here. We will be happy to evaluate your situation and let you know if you might have a right to compensation for your losses.
When a Driver Can Be Liable for Your Pedestrian Accident Damages
If a driver was careless and that negligence caused you to sustain harm, the driver can be responsible to pay your losses. Scenarios in which the driver of a motor vehicle can be liable include a driver who:
- Struck a pedestrian who was in a crosswalk with the “walk” signal.
- Ran a red light or stop sign.
- Was speeding.
- Was impaired by alcohol or other drugs.
- Was distracted.
- Was talking or texting.
- Drove onto the sidewalk.
- Struck a pedestrian on the edge of the road where there was no sidewalk.
- Was sleep-deprived.
There are many other factors that can cause a pedestrian accident due to the fault or negligence of the driver.
When a Non-Driver Can Be Liable for Your Pedestrian Accident Losses
Sometimes people on foot get hurt by something that is not the fault of a car driver. Let’s say that a construction company is working on a site adjacent to a sidewalk and street. The firm should erect protective devices to shield walkers from harm by the construction activities or vehicles on the street.
The construction company closed the sidewalk and put up signage that directed pedestrians to use the sidewalk on the opposite side of the street. If the contractor blocks the view of walkers so that they cannot see oncoming traffic before stepping into the street to get to the sidewalk, the company can be responsible for pedestrians who get injured as a result.
Also, the contractor can be liable for harm to walkers from falling debris and other injury caused by the construction work. The law will look to the source of the negligence that harmed you to determine who will be responsible for your losses.
Damages in Pedestrian Accident Claims
Pedestrians can go after the same types of money damages as people in any other type of personal injury lawsuit. Every case is different, and the compensation you can collect will depend on the facts of your claim. Here are some of the common kinds of personal injury damages:
- Lost income damages can help to replace time that you missed from work without pay because of the injuries and recuperation time. This category can include things like wages, salary, self-employment, and benefits.
- Decreased ability to earn income. Pedestrians often sustain severe injuries when motor vehicles hit them. If your injuries leave you incapable of making as much money before or prevent you from working at all to support yourself, this loss can be part of your damages claim.
- Medical expenses. Georgia law allows you to recover the reasonable cost of treatment you needed for your injuries, beginning with the ambulance and going through until you achieve full recuperation. The emergency room, diagnostic testing, imaging studies like x-rays, surgery, doctors, prescription drugs, and physical therapy are but a few examples of recoverable medical expenses.
- Long-term care can add up to an astronomical cost if you suffered catastrophic injuries.
- Non-economic losses. Once we prove your physical injuries, we can go after money damages for things like your pain and suffering, disfigurement, and loss of consortium.
- Wrongful death. If your close relative died in a pedestrian accident, we can pursue compensation for additional losses.
According to Georgia’s statute of limitations, you have two years to file a personal injury lawsuit, so don’t wait to take legal action and receive the compensation you deserve.
Getting Legal Help After a Pedestrian Accident
Call S. Burke Law at 404-842-7838 to call for a free consultation if you want to sue for a pedestrian vs. car accident, or other accident or event in which you were injured. We treat our clients like family. You will feel valued instead of feeling like a number. We want to help you get all the compensation you deserve from your pedestrian accident so that you can rebuild your life.