Pedestrian Accident Attorney in Atlanta

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.

Who Is at Fault for a Pedestrian Accident in Atlanta?

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.

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:

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.

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.

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.

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:

• Disability: Compensation includes money to refit the victim’s home to accommodate their new disability. It will also address home health care costs for the present and future.
• Loss of wages: A determination for the loss of wages is made for victims who can’t work as a result of their accident. Potential future earnings are also taken into consideration.
• Medical care: Immediate medical needs are a priority. The potential for future medical care and expenses is also explored.
• Pain and suffering: the physical and mental pain and suffering are both taken into consideration. The physical suffering is usually obvious but the mental trauma may not be immediately visible.
• Property damage: Your belongings damaged in the pedestrian accident are assessed and you will be reimbursed accordingly.

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.