Pedestrians may have far less protection than individuals traveling via buses, cars, and other vehicles. Accidents involving pedestrians could subject them to painful and expensive injuries. If you or a loved one suffered injury due to an accident you endured as a pedestrian, contact a Marietta pedestrian accident lawyer today.
Following such an accident, you may likely be in contact with law enforcement and legal representatives representing the defense. To maximize your odds of a positive outcome to your case, it may be important to approach these situations with professional guidance. With the help of a skilled personal injury attorney, you may be able to craft a case that connects your injury to the negligence of the defending counsel.
Compiling Evidence After a Pedestrian Accident
After seeking initial medical attention immediately following the accident, you may benefit from meeting with a pedestrian accident lawyer in Marietta to discuss the case. During this period, the attorney may need certain information, which may include:
- Contact information
- Witness information
- Copy of police report
Attorneys could craft a case that proves fault by the defendant and argues for a specific amount of compensation for the plaintiff. The cause and nature of the injuries may determine compensation and other details of the case.
Common factors in pedestrian accident cases may include:
- SUVs and other high horsepower vehicles
- Low visibility
- Busy roads
- Distracted driving
- Driving under the influence of alcohol or drugs
Proving Fault in an Injury Case
To receive compensation for an injury, pedestrians must prove that the defendant was 51 percent or more at fault as per The Official Code of Georgia §51-11-7. If they fail to do so, they may lose the right to compensation and their case would likely be thrown out of court.
If a plaintiff bears partial fault themselves, their damage award may be reduced accordingly. If a court deems a plaintiff to be 20 percent at fault for their injuries, they may only be eligible to receive 80 percent of their total damages. If they are deemed 50 percent at fault or more, they might receive no compensation at all.
Statute of Limitations
As detailed in O.C.G.A. §9-3-33, personal injury lawsuits—which may include those dealing with pedestrian injuries—must be filed within the two-year time period following the injury, as must lawsuits filed formally against the state. For claims filed against a court or city, the statute of limitations is six months.
Consulting with Insurance Companies
A Marietta pedestrian accident lawyer might suggest consulting with the defendant’s insurance company prior to bringing the matter to court. Using this tactic could help bypass court fees and, in many cases, earn an accident plaintiff a settlement without the stress of fighting in court.
Since Marietta follows at-fault rules, insurance companies often bring up the topic of shared fault and use it to mitigate compensation they may owe to a policyholder. Depending on the flexibility of insurance agents, potential plaintiffs may be better off taking the claim to court.
Hire a Marietta Pedestrian Accident Attorney
While pedestrian accidents could cause a great deal of suffering, it may be possible to overcome this pain and begin paving the way to a new future. If you are suffering due to someone else’s negligence, contact a Marietta pedestrian accident lawyer today to begin constructing your case. Let a skilled attorney help you recover compensation.