Pedestrian accidents can occur on sidewalks, at crosswalks, as well as in parking lots and garages. These accidents commonly occur when motor vehicle drivers are not paying attention to the roadway in front of them. When a negligent motor vehicle driver collides with a pedestrian, the injured pedestrian may be able to take legal action.
If you sustained injuries in a pedestrian accident, you may be eligible to pursue monetary compensation. An Alpharetta pedestrian accident lawyer can discuss the accident with you and help you explore your options. Call a compassionate personal injury attorney to schedule a consultation.
Proving Driver Negligence in Alpharetta Pedestrian Accidents
All motor vehicle drivers have a duty to operate their vehicles safely and prudently while on the road as well as while driving in parking lots and parking garages. In order to prove that a motor vehicle driver was negligent, the injured pedestrian will need to show:
- The driver failed to operate their vehicle in a reasonable, safe, and careful manner under the circumstances
- This failure directly caused the accident
- The pedestrian sustained injuries in the accident
- The injuries occurred because of the accident
If the driver violates a traffic law, such as by speeding or failing to yield the right-of-way to a pedestrian in a crosswalk, that action alone may constitute negligence per se. In that situation, the pedestrian may only need to prove they sustained injuries in the accident. An Alpharetta pedestrian accident lawyer has experience establishing fault in these types of cases.
When the Pedestrian Was Partially Negligent
An injured pedestrian may cause or contribute to an accident by walking into the roadway or by walking outside the lines of a crosswalk at a traffic intersection. Similarly, in a parking lot or parking garage, a pedestrian may wander into an area that is not designated for pedestrians.
In some jurisdictions, a pedestrian’s contributory negligence is a complete bar to their recovery. In those jurisdictions, if a pedestrian contributes to an accident in any way, they cannot recover any damages.
However, under the Georgia Code, an injured pedestrian’s negligence does not ordinarily prevent them from recovering damages in a personal injury case. This is true so long as the pedestrian’s degree of fault is less than that of the defendant driver. Moreover, the injured pedestrian must not have been able to avoid the consequences by using ordinary care.
Nevertheless, under the law, an injured pedestrian’s available damages will still be reduced according to their percentage of fault. For example, if a jury finds that the driver was 90 percent at fault and the pedestrian was 10 percent at fault for the accident, the pedestrian can only recover 90 percent of the available damages in the case. To learn more about contributory negligence, contact a knowledgeable lawyer.
How an Alpharetta Pedestrian Accident Attorney Could Help
Pedestrian accidents oftentimes occur out of the blue and without any warning. When the pedestrian is caught off guard and sustains a bad impact or fall, serious injuries and damages can occur.
Injured pedestrians may be able to recover monetary compensation for medical treatment, lost wages, emotional distress, mental anguish, pain and suffering, and loss of enjoyment of life. An Alpharetta pedestrian accident lawyer could explore all potential avenues of monetary recovery and help you to maximize your case’s value.