Pedestrian Accident Attorney in Atlanta

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Pedestrian accidents in Atlanta can result in serious injuries that generate high medical bills for hospitalization, surgeries, prescription drugs, rehabilitation, and more. Pedestrian accidents tend to be even more dangerous than car accidents and truck accidents, and victims may suffer spinal cord injuries, traumatic brain injuries (TBIs), broken bones, and other catastrophic injuries. Victims often require expensive long-term care and cannot return to work, resulting in lost wages. Unfortunately, pedestrian accidents are common in Atlanta, and there are even many pedestrian deaths in the city each year. Often, pedestrian accidents are caused by the negligence of another party.

Injured pedestrians need an expert Atlanta personal injury lawyer, who will focus on seeking maximum compensation for all their losses. Nothing gets an insurance company’s attention like dealing with an Atlanta pedestrian accident lawyer who is prepared to take a case to court to pursue justice. With that sword hanging over their head, insurance adjusters often become much more willing to settle a claim for a fair sum.

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Man driving towards pedestrian crossing At Butler Kahn, our Atlanta pedestrian accident attorneys take only a limited number of pedestrian accident lawsuits each year. Our focus is on quality, not quantity. Unlike some firms that settle claims quickly and cheaply before moving to the next one, our lawyers take time to build a strong case and fight for maximum compensation on behalf of our clients. If you believe we might be able to help you with your pedestrian accident claim, please get in touch with our pedestrian injury lawyers whenever you are ready to discuss your situation. It costs you nothing to talk to a top pedestrian accident lawyer in Atlanta and have us fully review your case and set out your options and our plan of attack.

How Our Atlanta Pedestrian Accident Lawyers Fight for Injured Pedestrians and Families

If you have been injured in a pedestrian accident, it is common for insurance companies to attempt to pin the blame on you. Insurance adjusters often try to argue that the pedestrian was not following traffic laws. They may also say the pedestrian was not paying enough attention. It may be up to you, the pedestrian accident victim, to provide evidence that disputes the insurance adjuster’s account. The attorneys at the Butler Kahn can help. We can also handle these important tasks:
  • Answer all your questions about the legal process
  • Identify all the liable parties
  • Prove that the negligent parties were responsible for the pedestrian accident and your injuries.
  • Handle all the complex legal matters that come with filing a lawsuit.
  • Negotiate for a full and fair settlement on your behalf
  • Take your case to trial and represent you in court if a settlement cannot be reached
  • Take care of your pedestrian accident case from start to finish, giving you peace of mind
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Who Is at Fault for a Pedestrian Accident in Atlanta?

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There are many causes of pedestrian accidents. Determining fault for an Atlanta pedestrian accident often hinges on who had the right-of-way – the pedestrian or the vehicle that struck the pedestrian. In many situations, pedestrians have the right-of-way over motor vehicles, according to Georgia law. For example, if a pedestrian is crossing the street in a crosswalk or at an intersection, the pedestrian typically has the right-of-way. However, pedestrians cannot step out into the path of an oncoming car that doesn’t have enough time to stop, even in pedestrian crossings.

In the aftermath of some accidents involving pedestrian injuries, it may not be immediately clear who was at fault. In these situations, it may be necessary to provide evidence that the motorist was speeding, driving at night without lights, driving while distracted, running a red light, or engaged in some other form of negligence.

In cases such as these, crucial evidence may come in the form of surveillance video (many businesses in an urban area like Atlanta have security cameras), dash cam video, eyewitness testimony, recorded statements, or physical evidence at the scene like skid marks and debris, for example. Your attorney can play an important role in securing evidence such as these examples in order to show that you were not to blame for the collision.

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Demanding the Fair Compensation You Deserve After an Atlanta Pedestrian Accident

If you have been injured in a pedestrian accident and someone else was to blame, you may be entitled to recover damages such as:

  • Medical bills (past and future)
  • Lost wages
  • Lost earning capacity
  • Scarring and disfigurement
  • Disability
  • Pain and suffering
  • Loss of enjoyment of life
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The Benefits of Walking vs. The Risks Faced by Pedestrians

Walking has a variety of health benefits and financial benefits. It is an excellent form of exercise. Walking is also a low-cost alternative to driving. Many Atlanta residents choose walking over working out at an expensive gym. They also choose walking to save money on their daily commute. However, the risks posed to pedestrians by motor vehicles can overshadow the benefits of walking.

Common consequences of a pedestrian accident include:

  • Substantial medical expenses, including hospitalizations, surgeries, physical therapy, medications, medical equipment, diagnostic tests, and physician fees.
  • Loss of income, including wages, commissions, salaries, bonuses, raises, and benefits.
  • Permanent impairments and disabilities caused by injuries sustained in the accident, such as paralysis, traumatic head injuries (TBIs), scarring, and complex fractures.
  • Personal care, if a victim requires assistance with bathing, dressing, household chores, or childcare.
  • Future financial losses related to ongoing medical care and personal care for disabilities and impairments.
  • Noneconomic damages, including physical pain, emotional suffering, disfigurement, mental anguish, loss of quality of life, and disabilities.

Pedestrian accidents in Atlanta GA could result in hundreds of thousands of dollars in damages, in addition to the pain and suffering caused by physical injuries. While many pedestrians never sustain injuries in a traffic-related accident, all pedestrians are at risk of sustaining traumatic injuries if struck by a motor vehicle.

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Can I Reduce My Risk of Being Injured in Pedestrian Accidents in Atlanta GA?

While you cannot control the actions of motorists, weather conditions, or surface conditions, you can take steps to decrease your risk of being a victim of a pedestrian accident. Some steps you can take to lower your chance of an injury while walking include:

  • Always use the sidewalk and crosswalks whenever possible.
  • Obey all Georgi traffic laws for pedestrians
  • If a crosswalk is not available, try to cross at an intersection that is well-lit and has a clear view of oncoming traffic in all directions.
  • Avoid all distractions while walking. Do not use your cell phone or other electronic devices. Distracted walking can be extremely dangerous.
  • Wear brightly colored clothing and carry a flashlight to increase your visibility for drivers.
  • Make eye contact with a driver before crossing the road. Do not assume that a driver sees you because the driver stops or slows down.
  • Avoid walking at night or when light levels are low.
  • Be cautious and watch for vehicles entering the road from parking lots, side streets, and driveways.
  • Avoid consuming alcohol or using medications that impair your ability and judgment.
  • Do not allow children to walk without an adult. Children do not have the experience to judge distance and assess risk related to motor vehicle accidents.

Insurance Coverage for Atlanta Pedestrian Accident Injuries

The at-fault driver’s auto liability insurance is typically the first place to turn for coverage of injuries sustained in a pedestrian accident. However, many drivers carry only the minimum amount of liability coverage required by Georgia law – $25,000. When injuries are severe, as they often are in pedestrian accidents, that insurance coverage can quickly run out.

What happens if the at-fault motorist doesn’t have enough coverage to pay for all your losses? What happens if the at-fault driver doesn’t have any insurance or doesn’t even stop at the scene? Situations like these are when an Atlanta pedestrian accident attorney can really help you by seeking out other potential sources of coverage.

Even though you were a pedestrian at the time of the crash, you still may be able to tap coverage under your auto insurance policy. Your auto insurance may include underinsured motorist (UIM) coverage. This can provide additional compensation when the at-fault motorist doesn’t have enough liability insurance to pay your bills.

In cases of an at-fault driver who doesn’t have insurance or a hit-and-run driver, you may be able to secure benefits from your auto policy’s uninsured motorist (UM) coverage. If your UM/UIM coverage still isn’t enough, you may be entitled to additional UM/UIM benefits as a “resident relative” of someone in your household under their auto policy.

These are just a few examples of sources of coverage that may apply in your situation. The pedestrian accident attorneys at Butler Kahn are committed to seeking out every source of potential insurance coverage for our clients.

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What to Do If You Are a Pedestrian Hit by a Car in Atlanta

Many pedestrian accident victims are knocked unconscious when they are struck by a vehicle. Other victims may be conscious but in a daze. If you are conscious after being struck by a vehicle, you will likely be in shock. Regardless of your accident situation, whenever you can think clearly, take these steps to protect your legal rights.
  • Seek medical assistance. If you have sustained injuries in a pedestrian accident in Atlanta, call 911 for immediate medical assistance. Get a full evaluation from a doctor. It is important to be checked by a medical professional if you have been hurt. Some injuries, such as brain injuries, can be slow to exhibit symptoms.
  • Gather information. Collect as much information as you can about the party or parties responsible for the accident. If a driver struck you, get the driver’s name, the driver’s license information, insurance information, and the license plate number. Collect the contact information of any witnesses who saw the incident happen.
  • Take photographs. Take plenty of pictures of the accident scene from a variety of angles and distances. Get pictures of any details that could be relevant, such as road hazards and traffic signals.
  • Call the police. No matter who appears to be at fault or how minor your injuries appear, call the police if they have not already been contacted. An investigation of the pedestrian accident and a police report will support your claim.
  • Contact an Atlanta pedestrian accident attorney. Speak with a qualified lawyer who has extensive experience handling pedestrian accident cases in Georgia. The Atlanta pedestrian accident attorneys at Butler Kahn offer free consultations. You have nothing to lose by discussing your legal options with us. If we take on your case, we will fight tirelessly to secure the compensation you deserve for your injuries.
 

Can I be Compensated for Suffering in a Pedestrian Accident in Atlanta?

Pedestrian accident victims may be entitled to compensation for pain and suffering.

Pedestrian accidents often lead to severe injuries for victims. In the aftermath of a Georgia pedestrian accident, you may need to consider securing assistance from an attorney to help ensure you receive the compensation you are entitled to. Unfortunately, pain and suffering damages can be complicated to assess, and it is important to understand what these damages are before starting the settlement process.

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Defining pain and suffering after a Georgia pedestrian accident

The term “pain and suffering” is used quite often in the aftermath of an accident to describe the distress an accident victim may endure after an incident. Pain and suffering can include both physical and mental components.

When we look at physical pain and suffering, we are referring to the pain a person experiences as a direct result of their injuries. This includes the pain experienced during the aftermath of a pedestrian crash, as well as any pain a person experiences throughout their recovery.

A person’s mental pain and suffering is also related to their physical pain. This type of pain and suffering is meant to describe all of the following that a person may experience after a crash due to their injuries:

  • Emotional and psychological distress
  • Mental anguish
  • Loss of enjoyment of life
  • Fear
  • Anger
  • Humiliation
  • Anxiety

We can also assign these damages when a person develops post-traumatic stress disorder (PTSD) after a crash. Commonly associated with military service members, PTSD occurs in roughly 9% of all crash accident victims.

Pedestrian crashes can cause a range of injuries because pedestrians are particularly vulnerable to severe injuries when struck by a vehicle. The human body has little protection from the force of a vehicle that weighs thousands of pounds. It is not uncommon for our Georgia pedestrian accident attorneys to help clients suffering from the following:

  • Emotional and psychological distress
  • Mental anguish
  • Loss of enjoyment of life
  • Fear
  • Anger
  • Humiliation
  • Anxiety

Just like medical bills and lost income, a pedestrian crash victim’s pain and suffering can significantly impact their daily lives. Victims of other people’s negligence deserve to be compensated.

Calculating pain and suffering damages

There is no set “pain and suffering damage calculator” for the aftermath of a Georgia pedestrian accident. Several factors go into determining how much pain and suffering compensation a person should receive, including:

  • The severity of the injury
  • The total cost of medical treatment
  • How long it takes a victim to recover

In some cases, a “multiplier” is used to determine the amount. This means that a victim’s medical bills are totaled and multiplied by a certain amount of damages, though this is not always the case.

Can I Use Car Insurance For A Pedestrian Accident In Atlanta?

We know that the last thing you expect when you are out walking around is that you will get injured. However, there are times when the negligent or careless actions of a driver can cause serious injuries. Pedestrians are vulnerable, and if you have been involved in a Atlanta pedestrian accident, you likely want to know if you can use car insurance to cover the expenses.

In most cases, you will be able to use car insurance to cover your pedestrian crash injuries. However, you should speak to a knowledgeable and experienced Georgia pedestrian accident attorney to walk you through the steps you need to take to get the compensation you deserve.

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What if a driver is at fault in a Georgia pedestrian accident?

Both drivers and pedestrians play an important role in pedestrian safety. Pedestrians have certain rights legally afforded to them in Georgia. Drivers must exercise “due care” to avoid striking pedestrians, and they must yield to pedestrians who are using crosswalks and intersections with a walk light. Pedestrians also have the right-of-way on sidewalks.

A recent study by the Atlanta Journal-Constitution found that pedestrian crashes are increasing across the US. They also say that the increase in pedestrian crashes in Georgia is outpacing the rest of the country. Though they did not pinpoint an exact cause of the increase, they say that the booming economy and population growth in this state will cause more and more pedestrian crashes. The AJC says that even though overall traffic crash fatalities in Georgia are decreasing, pedestrian crashes continue to increase.

Common causes of pedestrian crashes include:

  • Distracted drivers: we know that the rise of smartphones has correlated with a rise in pedestrian crashes. As more people spend time watching videos or reading emails and text messages, they are watching the road less.
  • Impaired drivers: drug and alcohol-impaired drivers pose an extreme danger to pedestrians. Impaired drivers often travel at high rates of speed and do not slow down before an impact with a pedestrian.
  • Failing to yield: many pedestrian crashes happen when drivers fail to yield to pedestrians as required by law.

Will the at-fault driver’s insurance cover an Atlanta pedestrian accident?

Just like a regular Georgia car accident, the insurance of the at-fault driver should cover your injury-related expenses through their bodily injury liability insurance. You will have to file a claim directly with the at-fault driver’s insurance company. Please understand that the minimum requirement for bodily injury liability insurance in Georgia is only $25,000. Severe pedestrian injuries can easily cost much more than this.

If your injury-related expenses go over the driver’s personal insurance bodily injury insurance minimum, you may be able to use your own car insurance as well. If you have purchased uninsured or underinsured motorist coverage, you can file a claim through your insurance to cover the difference. This insurance can also be used to file a claim for coverage if the at-fault driver flees the scene of the accident.

There may be times when a driver acting in the course and scope of their employment causes a pedestrian crash. In these cases, an injury victim may be able to file a claim against the business’s insurance policy.

What to do after an Atlanta pedestrian accident

Pedestrian accidents can cause severe injuries and leave you wondering what to do next. Your first step should be to contact a skilled Georgia pedestrian accident attorney who can walk you through every step you need to take. The at-fault driver’s insurance should cover you in most cases, but that does not mean their insurance company will make it easy to get the compensation you deserve. Your attorney will work to investigate the crash, work directly with insurance companies, and receive fair treatment.

How Our Pedestrian Accident Attorneys Can Help You After The Accident

There is a 2-year window to file a claim in a pedestrian accident in Atlanta GA. It is crucial to contact a reputable law firm that deals with injury accidents right away. You want a team on your side that has experience dealing with and winning these types of cases. Compensation claims negotiated during a pedestrian accident case in Georgia may include:

Butler Kahn believes in producing the highest quality legal work. We are not interested in  just offering an easy fix and quick settlement. We take pride in the successful representation of our clients with dignity and honor. Our team will take the time to build your case and get you the best settlement possible. Contact us today and let us help you get your life back in order.

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Talk to an Atlanta Pedestrian Accident Attorney Today

If you believe that the Butler Kahn might be able to help you after you were seriously injured in a pedestrian accident in Atlanta, we would like to talk with you about filing a personal injury lawsuit as soon as you are ready. We’ve been helping people injured in Atlanta, Georgia pedestrian accidents for years, and we are ready to help you. Our Atlanta personal injury lawyers can discuss your situation and review your options for seeking recovery.

We can help you gain compensation for your medical expenses, lost wages, and even pain and suffering. It costs you nothing to talk with us, and the consultation comes with no further obligations.

We serve all areas of Atlanta, including Brookhaven, Druid Hills, Buckhead, Chastain Park, Garden Hills, Piedmont Heights, Midtown, Downtown Atlanta, Grove Pak, Inman Park, South Atlanta, East Atlanta Village, West End, and Atlantic Station.

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Meet Jeb Butler
/ PERSONAL INJURY ATTORNEY

It’s pretty simple: a lawyer should be good at what he does, care about his clients, and live up to his word. That is how we have built this firm.

I’ve been handling exclusively personal injury and wrongful death cases for over ten years. Before that, I worked as a prosecutor, public defender, federal law clerk, and (briefly) as a civil defense lawyer. In law school I argued on the National Moot Court team, published on the Law Review, and graduated magna cum laude. Doing well in law school opened lots of doors for me but it was not until I started my own law firm handling serious injury cases that I opened the right one.

What I learned before law school has mattered the most. I learned to work hard, for a long time, at jobs that were not glamorous. I shoveled sod, mucked stalls, fed horses and cows, cut grass, and ran a weed-eater. I learned to weld and drive a tractor. I learned about pride in a job well done.

That is what drives me now. I want to win my client’s case, look them at the eye at the end when we deliver the check, and know that my firm has lived up to its word of delivering top-tier legal work and top-tier client service.

Meet Matt Kahn

/ PERSONAL INJURY ATTORNEY

If you’re on our page looking for a personal injury lawyer, you and your family have likely suffered a serious loss. This page probably isn’t the first law firm website you’ve visited. Let me tell you what we can do for you.
The three most important things you should look for in a lawyer are experience, work ethic, and communication.

  • Experience – I’ve dedicated my career to fighting for people and families who’ve suffered unimaginable losses by focusing solely on personal injury and wrongful death cases. It’s all we do at Butler Kahn.
  • Work Ethic – I fight for my clients around the clock. My day doesn’t end at 5:00 p.m. When I take on a case, that case becomes a significant part of my life. Why shouldn’t it? It’s certainly a significant part of yours.
  • Communication – Each of my clients have my cell phone number. If you want to talk to you lawyer, you should be able to on your time.

You need real lawyers who handle serious cases. That is what Butler Kahn does.