Driver Negligence in Pedestrian Accidents
Pedestrian accidents are an unfortunately common occurrence in Georgia, especially in metropolitan areas like Atlanta. Frequently these accidents involve vehicles, leaving many pedestrians with severe physical injuries. In order to recover from the driver of the vehicle for the damages incurred in a pedestrian accident, the pedestrian will have to prove that the driver’s negligent or reckless behavior caused his or her injuries. The damages must have been a foreseeable consequence of the driver’s careless behavior, and the pedestrian, or his Atlanta pedestrian accident lawyer, will be required to prove this in a Georgia court.
The central question for when a vehicle driver is liable in a pedestrian accident is, would a reasonable driver have behaved in the same way? If not, then you may be able to recover for the damages caused by the accident. A knowledgeable Atlanta pedestrian accident lawyer will be able to help you understand your legal options and fight for your rights in Atlanta.What are the Common Ways that an Atlanta Driver’s Negligence Causes a Pedestrian Accident?
- Disobeying traffic signs and signals. The most common way to prove a driver was negligent in operating his or her vehicle is by showing that the driver disobeyed traffic signs and signals. A reasonable driver would follow the traffic signs and signals.
- Speeding. A driver is more likely to cause an accident if he or she is going above the speed limit. The damages are typically more severe when a driver collides with a pedestrian at higher speeds, as well. Absent a genuine emergency, a driver that is speeding is usually behaving recklessly or negligently.
- Disregarding traffic or weather conditions. A driver can still behave negligently even if he or she is following all of the laws in Georgia. The pedestrian will only need to prove that a reasonable driver would not have behaved in the same manner as the driver. For example, a driver cruising at 65 MPH on the highway may be following the letter of the law, but if there is heavy rain or a winter storm, then he or she is likely behaving in an unreasonable manner.
- Driving under the influence of drugs or alcohol. Sadly, some pedestrian fatalities are caused by drivers who are operating under the influence. Because a reasonable driver would not drive while impaired, then it is likely a pedestrian will be able to recover for the damages caused by an impaired driver.
- Driving while distracted. Similar to driving while under the influence, distracted drivers are behaving unreasonably when driving if a reasonable driver would not have behaved in the same way, given similar circumstances. Common types of “distracted drivers” include drivers who are texting while driving, calling while driving, or eating while driving.
If you have been the victim of a pedestrian accident, then you should reach out to an attorney in Georgia who specializes in pedestrian accidents. A knowledgeable pedestrian accident attorney in Atlanta, Georgia will help you understand your legal options and answer any of your questions.