Pedestrian Accident Attorney in Dunwoody, GA

Helping You Find Peace After a Pedestrian Accident

At the Law Offices of K. Douglas Cook, we have the legal knowledge and ability to help injured pedestrians fight for the full compensation they are owed from the negligent party. As a pedestrian, you are defenseless against a large vehicle or truck, especially when the driver acts in a negligent manner.

If you or a loved one was the victim of a pedestrian incident, call the Dunwoody pedestrian accident lawyer at my firm today to discuss your situation at (678) 974-0432!

The Dangers of Right Turns for Pedestrians

In busier metropolitan areas like Atlanta, there are many crosswalks and hundreds of pedestrians. Often, when a light turns green for a right-hand turn the crosswalk light will also turn green to let pedestrians walk. Drivers are supposed to wait until the pedestrians have crossed the street before turning right, even if the light happens to be green at the time.

Some drivers won't check to see if there are pedestrians and will zoom through a right turn on a green light, which can result in a pedestrian accident. It is the law to yield to individuals who are walking, so it should be easy to prove the driver's liability. Your lawsuit may not be legitimate if you were jaywalking or crossing the street on a red, no-walk signal.

Types of Pedestrian Accidents

Pedestrian accidents can happen in many different scenarios. Some common types of accidents include:

Crosswalk Accidents:

• Pedestrians often trust that drivers will stop at red lights or yield when walking in crosswalks.
• Accidents happen when drivers fail to stop, especially when turning right at green lights.
• In some cases, pedestrians may be legally entitled to compensation if the driver does not yield at a crosswalk.

Failure to Yield:

• Many pedestrian accidents occur in parking lots or driveways, where drivers are supposed to yield to pedestrians.
• These areas may not always have clear pedestrian crossings, leading to dangerous situations.
• Drivers often fail to look out for pedestrians in these areas, leading to avoidable accidents.

Hit-and-Run Pedestrian Accidents:

• Hit-and-run accidents occur when a driver strikes a pedestrian and then leaves the scene without offering assistance or providing contact details.
• This can make pursuing a claim more challenging, but it’s crucial to report the incident to the authorities immediately.
• Police can help track down the responsible driver, and in some cases, uninsured or underinsured motorist coverage may provide compensation for the victim.

Determining Liability in Pedestrian Accidents

In order to pursue a claim, it’s essential to understand who is liable for the accident. Liability can fall on different parties:

Driver Negligence:

• Common examples of driver negligence include:
  • Speeding or driving too fast for conditions
  • Distracted driving, such as texting while driving
  • Driving under the influence of alcohol or drugs
• If the driver’s actions directly caused the pedestrian’s injury, they may be held liable.

Pedestrian Negligence:

• Sometimes, pedestrians may also share some responsibility for the accident. For example:
  • Jaywalking or crossing the street when the signal is not in their favor
  • Walking while distracted, such as using a phone or wearing headphones
• Pedestrian negligence may reduce the compensation amount, but it doesn’t always prevent recovery.

Roadway Conditions:

• Poorly maintained roads can be a major contributing factor to pedestrian accidents. For example:
  • Unmarked or poorly marked crosswalks
  • Potholes or debris on sidewalks
• In such cases, the responsible party might be a government entity or property owner who failed to maintain safe conditions.

Some of the injuries resulting from pedestrian accidents include:

• Spinal cord injuries
• Brain injuries
• Broken bones
• Organ damage
• Bruises
• Lacerations
• Road rash

Oftentimes, spinal cord injuries can lead to paralysis or disability and brain injuries can lead to confusion, memory loss or mental retardation.

Frequently Asked Questions (FAQs) about Pedestrian Accidents

1. What should I do if I’ve been hit by a car as a pedestrian?

• Answer: If you’ve been involved in a pedestrian accident, the first thing you should do is seek medical attention, even if you feel okay. Then, make sure to report the accident to the police and gather any evidence such as photos, witness information, and contact details of the driver. Consulting with an attorney can also help ensure your rights are protected during the legal process.

2. How long do I have to file a pedestrian accident claim in Georgia?

• Answer: In Georgia, the statute of limitations for filing a personal injury claim, including pedestrian accidents, is generally two years from the date of the accident. It’s important to act quickly, as waiting too long could jeopardize your ability to seek compensation.

3. Can a pedestrian be at fault in an accident?

• Answer: Yes, pedestrians can be partially or fully at fault in an accident. If a pedestrian was jaywalking, distracted, or disobeying traffic signals, they may share some liability. However, even if you are partly at fault, you may still be eligible for compensation depending on the circumstances and Georgia's comparative negligence laws.

4. What types of compensation can I receive after a pedestrian accident?

• Answer: You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages related to the accident. If you suffered permanent injuries, such as a disability, you might be entitled to additional compensation for long-term care or diminished quality of life.

5. What if the driver who hit me fled the scene (hit-and-run)?

• Answer: If the driver leaves the scene of the accident, it is still possible to recover damages. If the driver is not found, you may be able to file a claim through your own insurance company, particularly if you have uninsured or underinsured motorist coverage. Reporting the hit-and-run to the police immediately is crucial for pursuing your case.

6. How does a lawyer help with my pedestrian accident claim?

• Answer: A lawyer specializing in pedestrian accidents can help investigate your case, gather crucial evidence, negotiate with insurance companies, and represent your interests in court if necessary. They can also advise you on the best legal strategies to ensure you receive fair compensation for your injuries.

7. What if the accident occurred in a crosswalk?

• Answer: If the accident occurred in a crosswalk, and the driver failed to yield or was negligent, the driver could be held fully or partially responsible. Crosswalk accidents are often a key part of pedestrian accident claims, and a lawyer can help prove liability by analyzing traffic laws and accident reports.