Were you recently involved in a traumatic motor vehicle wreck as a pedestrian? Has your entire life been affected by your physical injuries, emotional distress, and severe financial losses? If so, you may have the right to take legal action against the at-fault party. Our dedicated attorneys for accident injuries are standing by ready to help you navigate the often complex insurance and civil claims processes.
You may need the legal guidance and support of our top-rated Atlanta pedestrian accident attorneys at T. Madden & Associates, P.C. Our black-owned personal injury law firm is passionate about serving the greater Atlanta community and advocating for injury victims’ rights. Contact our legal team to request a 100% free consultation today. When you do, we can discuss pedestrian right-of-way laws, what to expect when you file an insurance claim, and how much you could recover if your claim is successful.
Our Black-Owned Personal Injury Law Firm Has What it Takes to Win
Our personal injury advocates have devoted our careers to the community. We strive to demand justice for injury victims throughout Atlanta and surrounding communities. We understand the complexities of Georgia tort laws and are passionate about advocating for the rights of those struggling with severe injuries and substantial damages.
We have a strong and proven track record of success. When our pedestrian accident lawyers at T. Madden & Associates, P.C. take on your case, you can expect us to:
- Quantify damages and ensure you are demanding maximum compensation for your losses
- Complete an in-depth investigation into the cause of your pedestrian accident
- Reveal the identities of anyone and everyone who may share responsibility for your injuries
- Prepare court documents and insurance claim filings
- Obtain strong evidence against the at-fault parties
- Negotiate with insurance companies and renegotiate settlement terms
- Assert your right to total compensation trial wherever necessary
- Provide regular case status updates so you do not worry about your claim’s progress
Pedestrian Accidents in Atlanta Can Happen in a Number of Ways
For your pedestrian accident case to be successful, our Atlanta personal injury attorneys need to evaluate the cause of the accident. Although you might be quick to believe the driver who hit you is responsible for causing the accident, this may not always be the case. Some of the most common causes of Atlanta pedestrian accidents include:
- Lack of crosswalks
- Defective crosswalks and traffic lights
- Drunk driving
- Failure to yield to the right side of the way
- Large potholes
- Driving under the influence of drugs
- Failure to stop at traffic lights or stop sign
- Failure to check blind spots
- Distracted driving
- Driving a while fatigued
- Making unsafe lane switches
- Lack of bicycle lanes
- Defective motor vehicle parts
Who Could Be Liable for Your Pedestrian Accident Injuries
Once we know the cause of your pedestrian accident injuries or pedestrian deaths, we will have a better idea of who should be sued. If negligent driving is ultimately found to be the cause of your collision, the driver who hit you while you were walking may be the subject of your insurance claim and personal injury lawsuit. However, there could also be other parties that are partially at fault.
For instance, if the driver could not avoid hitting you due to a mechanical defect or malfunction, motor vehicle dealerships, maintenance workers, and auto parts designers or manufacturers could be responsible. If your pedestrian accident was caused by dangerous conditions at intersections or on the roadways the approximate cause of your injuries, the government agencies and municipalities responsible for road maintenance, safety, and integrity may be responsible. Some of these parties could include:
- The city of Atlanta
- The Metropolitan Atlanta Rapid Transit Authority (MARTA)
- The Georgia Department of Transportation
- Government officials
- Government-contracted road construction workers
- Safety inspectors
Pedestrians Can Suffer Debilitating and Fatal Injuries
Since pedestrians do not have any protection surrounding them the way a motorist does, their bodies will absorb the full impact of the collision. When this happens, victims are likely to suffer catastrophic or even fatal pedestrian accidents. Some of the most common types of serious injuries our clients have endured include:
- Compound fractures
- Facial injuries
- Traumatic brain injuries
- Herniated discs
- Road rash
- Loss of limbs
- Dental trauma
- Spinal cord injuries
- Post-traumatic stress disorder (PTSD)
- Third-degree burns
- Internal bleeding
- Second impact syndrome
- Organ failure
- Lacerations and contusions
- Septic shock
- Penetrating brain injuries
- Soft tissue injuries
- Knee and hip injuries
This should not be considered a definitive list of the types of possible injuries after a pedestrian accident. These are just a few of the most common types of injuries our clients have dealt with. If you have suffered another type of injury, do not feel discouraged. You may still have grounds for a claim. Connect with our pedestrian accident attorneys as soon as possible to explore your opportunities further.
Ways to Recover Fair Compensation for Your Damages
It is important to consider all your legal options if you hope to maximize your settlement. Although you might have hoped to avoid breaking your case to court by settling with the insurance company, insurance claims are not designed to ensure victims are awarded for every loss. While you can certainly start by filing a claim with the liable party’s insurance company, it may not be enough to cover the full extent of your losses.
The amount of insurance coverage and the types of damages covered will determine how much you can be awarded through your insurance claim. However, the insurance company is unlikely to settle without some pushback. Any damages the insurance company refuses to pay for or that exceed the insurance company’s financial obligations can be recovered when your pedestrian accident injury case at trial is successful.
Demand the Compensation You Are Entitled To
Your pedestrian accident injuries may be temporarily or permanently disabling. Your entire life could be changed by the impact of your injuries. Fortunately, Georgia tort laws allow you to be made whole. No amount of money would be worth the trauma of the pedestrian accident, fair compensation makes it possible for you to rebuild your life and avoid financial ruin. Examples of economic and non-economic damages pedestrian accident victims in Atlanta can be awarded include:
- Medical bills
- Lost wages
- Pain and suffering
- Personal property damages
- Loss of future potential earnings
- Disfigurement and permanent disability
- Embarrassing skin scars
- Feelings of shock, fear, and anticipation
- Unexpected childcare expenses
- Mental anguish
- Loss of employer-provided benefits
Atlanta Pedestrian Accident FAQ
If you are overwhelmed by the legalities of your pedestrian accident case, you are not alone. In the aftermath of such a traumatic experience, it is normal to be confused and have many questions about how personal entry and pedestrian accident claims work. You may feel empowered to pursue your claim when you have more information about how the process works.
To that end, we have answered some of the most frequently asked questions about pedestrian accident insurance claims and civil lawsuits below. If you have additional questions we do not cover here, be sure to connect with our Atlanta pedestrian accident lawyers to request a free consultation where we can discuss your specific concerns in further detail.
Is there a deadline for filing a pedestrian accident lawsuit under Georgia law?
Yes, there are strict personal injury statute of limitations deadlines in place that apply to pedestrian and accident lawsuits. Georgia personal injury laws only allow injury victims up to two years from the date of their accident to file suit. Those who do not file their lawsuits before these deadlines will miss out on a lucrative opportunity to recover their damages in full.
However, one of the primary reasons an injury victim might not file their claim on time is because they do not know when the statute of limitations expires. Working with our experienced personal injury attorneys is the best way to ensure these deadlines are met.
It is worth noting that there are certain circumstances under which the statute of limitations could be tolled or temporarily paused. If you were involved in a pedestrian accident, for example, and did not receive medical treatment immediately after the accident because you believe your injuries were minor, only to discover you have a serious back injury weeks later, the statute of limitations would be paused until the date you were diagnosed with or discovered your injuries. It would then expire two years later.
The statute of limitations deadline can also be paused when minors suffer injuries. Since minors cannot pursue justice on their own, the law allows the statute of limitations to toll until the child reaches the age of 18. However, as the child’s parent or legal guardian, you also have the option of pursuing a child lawsuit on their behalf which can allow you to access the financial support you need to cover your child’s costs now.
Can I still file a claim if I am partially responsible for causing the accident?
It depends on how much liability falls on you. Georgia does not restrict individuals who share liability for recovering compensation if their percentage of blame does not go beyond the state’s 50% bar threshold. You can share up to 49% of the blame for the accident and still be awarded a settlement. However, once your portion of liability exceeds the threshold, you are barred from receiving a pedestrian accident settlement at trial.
Additionally, if you share the blame, your payout will be affected. You will need to be held accountable for your share of the blame, so the court system will deduct a portion of your settlement accordingly. The exact amount that will be deducted is based on your percentage of liability. If you were found 20% at fault, there would be a 20% reduction. If you were found 10% responsible, your settlement would reflect a 10% deduction. Depending on the total value of your award, even 10% of the blame could have a dramatic effect on your payout.
Liable parties often attempt to take advantage of Georgia’s modified comparative negligence laws to further their financial interests. It will be up to your Atlanta pedestrian accident lawyer to conduct a comprehensive investigation and ensure liability and negligence are properly established in your case. A personal injury lawyer with our team will be ready to refute shared fault allegations with compelling evidence so you are not taken advantage of by financially motivated insurance companies and liable parties.
What are Atlanta’s right-of-way laws for pedestrians?
Pedestrians are expected to follow the same right-of-way laws as motorists on the roads. Typically, if a pedestrian is crossing in a crosswalk, they have the right of way. This means motorists will need to yield while pedestrians cross through the crosswalk. However, depending on the type of crosswalk, you may be required to wait for the “safe to walk” light before you begin crossing the street while maintaining the right of way.
If you cross before the side indicates it is safe to do so, you may be violating Atlanta’s right-of-way laws. Typically, if a motorist or pedestrian is found in violation of the right of way laws, they will be found totally or partially responsible for the accident and any resulting injuries. Failure to yield to the right of way is one of the most common causes of pedestrian accident injuries and fatalities across Atlanta and the entire state of Georgia.
What will it cost to hire a pedestrian accident lawyer in Atlanta?
One of the biggest concerns pedestrian accident victims have in the aftermath of their collisions is how they will afford to hire an Atlanta pedestrian accident attorney. Fortunately, our pedestrian accident lawyers at T. Madden & Associates, P.C. have dedicated our careers to advocating for our client’s rights on contingency.
Payment for our services is contingent upon winning your case. If we do not produce a financial recovery, we do not get paid. Additionally, we do not require a retainer and cover all expenses associated with pursuing your personal injury case. this might include:
- Court filing fees
- Cost of Hiring Accident Reconstructionists
- Costs of copies of police and crash reports
- Cost of hiring expert witnesses
- Expenses associated with analyzing data and forensic evidence
If we do not win, we do not believe our clients should be stuck dealing with debt collectors, wage garnishment, or other adverse actions. Losing your case will be devastating enough. However, since we do not recoup any of the costs of pursuing your case and do not get paid unless we win, we will not take your case unless we believe we will be successful.
When we win, a percentage of your award will cover our attorney’s fees. The exact percentage can vary on a case-by-case basis. Do not hesitate to contact a dedicated Georgia pedestrian accident lawyer to find out more about what your contingency agreement may entail.
Schedule Your 100% Free Consultation With Our Experienced Pedestrian Accident Attorneys Today
After the trauma of your pedestrian accident, there is no reason you should be expected to go through a challenging litigation process. You should not have to negotiate with insurance companies and obtain powerful evidence to support your case. This is a time when you should be recuperating from your injury and starting to rebuild your life. Fortunately, you do not have to go through this process alone.
When you have our skilled Atlanta pedestrian accident lawyers at T. Madden & Associates, P.C. works for you, you can rest easier knowing the weight of the world is not solely on your shoulders. Our team can handle the legalities of your case so you can focus on your healing journey. Get ready to take back control of your life. Fill out our convenient contact form or call our law office to schedule your free, no-obligation consultation as soon as today.