What to know about pedestrian accidents in Georgia

Georgia follows modified comparative negligence laws. This means that you can still recover damages from a pedestrian accident even if you were partly at fault. The catch, however, is that you must prove you weren’t the party most at fault. 

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Proving negligence after a pedestrian accident in Peachtree Corners, GA

As with most personal injury claims, the accident must meet certain requirements before you’re able to get compensation. The first thing you need to prove is that the person at fault owed you a duty of care. Drivers must operate their vehicles safely, for instance. Then, you have to show that they breached that duty of care. That can mean they were distracted, under the influence, speeding, or doing anything else while driving that put other people, including you, at risk. Following that is the hardest thing to prove: That their negligence led to your injuries and that you can be compensated. Often, other parties will try to blame you, leading to disputes that could end with you not getting compensation if you don’t have help. 

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Modified comparative negligence laws: How they complicate claims

One of the most important reasons you want to hire a pedestrian accident lawyer in Peachtree Corners, GA, is that they help you prove that you don’t hold most of the fault in the accident. This is crucial under Georgia law. Under modified comparative negligence laws, you can get compensation if you were partly to blame with one crucial caveat: if you hold the majority of the blame, meaning more than 50% of it, you’re no longer entitled to damages. The other party will always try to blame you for the accident so they don’t have to pay. All they have to do is prove that you were a bit more at fault than they were. You need a pedestrian accident attorney in Peachtree Corners to help through this process. 

Is getting a lawyer always necessary?

Getting a lawyer after a pedestrian accident is always a wise choice for a number of reasons. Lawyers like us at Pendergrass Law will examine your claim to see if you’re able to get compensation, and we do this via a free consultation. Lawyers with experience will know how to get the right evidence to prove your claim.

We will gather medical records, eyewitness accounts, and anything else that shows you were not at fault. Moreover, we can speak with expert witnesses for their testimony. We will negotiate with insurance companies for you so that you can get a fair settlement, and if we find that you’re not being treated as you should be or that negotiations have stalled, we can take your case to court. 

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What kind of compensation is available?

After a pedestrian accident in Peachcorners, GA, you may be able to get economic and non-economic damages. Economic damages include medical expenses, property damage, and lost wages. Non-economic damages are subjective losses. They can include pain and suffering that is intended to reimburse you for your mental and physical distress, loss of enjoyment of life, and even loss of companionship if a loved one dies because of the accident. 

Causes of pedestrian accidents in Peachtree Corners, GA

Pedestrian accidents occur for many reasons, but one of the most common is distracted driving. This is when a driver engages in texting, eating, or doing anything else that takes their attention away from driving. Even speaking with passengers counts. Intoxicated driving and fatigued driving are also causes of pedestrian accidents. People who are intoxicated or sleepy will not react as they need to on the road, leading to potentially catastrophic injuries, especially for pedestrians. Speeding and reckless driving are other common causes of pedestrian accidents in Georgia. Accidents that occur when a car is speeding can also cause more severe injuries because the force of the impact is much greater. 

Why turn to The Pendergrass Law Firm after a pedestrian accident?

Being struck by a vehicle can leave you with significant physical and psychological injuries, as well as with a series of bills that can put you in financial distress. If the accident wasn’t your fault, why should you have to suffer losses? At Pendergrass Law, we provide a thorough assessment of your claim and gather the necessary evidence to get you the kind of compensation you deserve. When you turn to us, you’re more than just another case — you’re an individual who deserves help. Because we have a bilingual team of lawyers, we are proud to offer legal assistance to the Spanish- and English-speaking communities of Peachtree Corners, GA. Why not turn to compassionate lawyers with experience? Contact The Pendergrass Law Firm right now.

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