Major urban areas like Atlanta require that drivers pay special attention to pedestrians. Unfortunately, not all drivers are respectful of people traveling on foot. The Atlanta pedestrian accident attorneys of The Angell Law Firm have helped numerous Georgia residents recover from injury accidents and receive the compensation to which they are legally entitled. If you were injured in a pedestrian accident, contact The Angell Law Firm for a free case evaluation.Pedestrians Are Especially Vulnerable in Vehicle Accidents
According to the Georgia Department of Public Health, there are more than 2,000 pedestrian accidents every year in the state of Georgia. Because of the nature of pedestrian accidents, nearly all involve some kind of injury. Georgia drivers are required by law stop for pedestrians (1) in a crosswalk on the same side of the road as the driver or (2) in a crosswalk on the opposite side of the road but walking toward the driver's side of the road. Those who do not may face liability to the pedestrians they injure.Drivers Who Injure Pedestrians May be Liable for Damages
A pedestrian who is injured in an accident can file a lawsuit to seek damages to compensate her for her injuries. Most pedestrian lawsuits will allege negligence on the part of the driver that struck the pedestrian. In alleging negligence, the pedestrian must prove that:
- The driver owed a duty to the pedestrian;
- The driver breached the duty; and
- The driver's actions were a cause of the pedestrian's injuries.
Drivers in Georgia owe a duty to other people on the road — including bicyclists, drivers, and pedestrians — to drive reasonably. If a driver speeds, drives while distracted, or fails to yield the right of way pedestrians in a crosswalk, the driver has likely acted unreasonably and has therefore breached this duty. Such a driver could be held liable under Georgia law to pedestrians injured as a result of his actions.
Even if a pedestrian injured by a negligent driver was partly responsible for his own injuries, the pedestrian may still have a case. As long as the pedestrian was less than 50 percent responsible for the accident, he can bring a lawsuit and seek a portion of his damages.Pedestrians Injured by Negligent Drivers Can Recover Damages
If a jury finds for the plaintiff in a pedestrian accident case, the plaintiff is entitled to compensatory damages. The aim of compensatory damages is to compensate the plaintiff for costs of the accident, such as medical expenses, lost wages, and emotional distress. In some cases, the plaintiff may also collect punitive damages. For these damages the defendant must have acted with a conscious indifference for the consequences of his actions or with some other particularly egregious state of mind. If the accident was caused by a drunk driver, the Georgia cap on punitive damages may not apply.Hold Negligent Drivers Accountable
Because of a pedestrian's particular vulnerability when stuck by a car, pedestrian accidents can be costly. The Atlanta pedestrian accident lawyers of The Angell Law Firm can help you recover money to pay expenses and compensate you for your injuries. If you are the victim of a pedestrian accident, schedule a free consultation with The Angell Law Firm by calling (770) 217-4954 or filling out our online contact form.