A pedestrian accident can be one of the most traumatic experiences a person can endure. If you’ve been injured as a pedestrian in Atlanta due to a motorist’s negligence, you don’t have to face this difficult time without support. At Calvin Smith Law, we understand the challenges you’re facing and are here to help you get the compensation you deserve.
Whether you were hurt near the streets of Downtown Atlanta, while strolling through Midtown’s Piedmont Park area, or on the crosswalks of Virginia-Highland, the reality is that pedestrian accidents can happen anywhere. Despite Atlanta’s efforts to improve walkability, the negligence of a distracted or reckless driver can endanger lives in an instant.
If you’ve been injured by a negligent driver on the streets of Atlanta, contact Calvin Smith Law today to discuss your case for free with our trusted Atlanta pedestrian accident attorney.
Why Choose Calvin Smith Law for Your Atlanta Pedestrian Accident Claim
Choosing the right legal representation after a pedestrian accident can make all the difference in your recovery, both physically and financially. At Calvin Smith Law, we bring experience, compassion, and an unyielding commitment to helping our clients get justice. Here’s why our firm stands out:
- Personalized Attention: We treat every case with care and precision. You’re not just another case number to us—we take the time to understand your unique circumstances and needs.
- Extensive Experience: For years, we’ve been successfully handling pedestrian accident cases in Atlanta, building a strong track record of securing maximum compensation for our clients.
- Fierce Advocacy: Negotiating with insurance companies or going up against big defense firms can feel overwhelming. At Calvin Smith Law, we know how the system works, and we know how to fight for your rights.
- No Upfront Costs: Worried about legal fees? You don’t pay any attorney’s fees unless we recover compensation in your case. This guarantees you can seek justice without added financial stress.
- Compassionate Support: We know how catastrophic pedestrian accidents can be, and our team is dedicated to helping you rebuild your life with dignity and care.
When you choose Calvin Smith Law, you’re not just hiring a lawyer. You’re gaining an ally committed to protecting your rights and advocating for your best interests. Contact us today to learn how we can help.
Do I Have a Pedestrian Accident Case?
If you’ve been struck by a motor vehicle, you may wonder if you have a legal case. Most pedestrian accident claims hinge on negligence, which is the failure to act with reasonable care. A negligent motorist can leave pedestrians seriously injured or worse, and it’s only fair that they’re held accountable for the harm caused.
To have a successful pedestrian accident claim, the following four elements of negligence must be proven:
- Duty of Care
Drivers in Georgia owe everyone on the road, including pedestrians, a duty of care. This means they are legally obligated to operate their vehicles safely to prevent harm. - Breach of Duty
A driver breaches their duty of care when they fail to act responsibly. For example, this could include texting while driving, speeding in a school zone, ignoring traffic lights, or failing to yield at a crosswalk. - Causation
It must be shown that the driver’s breach of duty directly caused the accident. This means proving that had the driver acted competently, your injuries would not have occurred. - Damages
Finally, you need to demonstrate the damages you’ve suffered due to the accident. This could include medical bills, lost wages, pain and suffering, and more.
Establishing negligence can be complicated, which is why working with an experienced Atlanta pedestrian accident attorney is critical. Our legal team will review the details of your case, gather evidence, and build a strong claim to hold the responsible party accountable.
Who Qualifies as a Pedestrian?
To be considered a pedestrian, you don’t have to be out for a walk. When it comes to accident liability law, a pedestrian is an injury victim who wasn’t in a motor vehicle when the accident occurred. It, therefore, means that you qualify as a pedestrian if you sustained injuries while:
- Riding in a wheelchair
- Traveling on foot
- Cleaning the exterior of your windshield
- Changing a tire
What Duty Do Motorists Owe to Pedestrians in Atlanta, Georgia?
Atlanta drivers have a legal responsibility to ensure the safety of pedestrians, no matter where they travel. Unfortunately, drivers don’t always uphold these obligations, leading to devastating accidents.
Motorists’ Responsibilities
Under Georgia law, drivers must:
- Yield the right-of-way to pedestrians at crosswalks, whether marked or unmarked, at intersections.
- Exercise caution when approaching crosswalks, school zones, or areas with heavy foot traffic.
- Adhere to speed limits and slow down when pedestrians are present.
- Avoid distractions such as texting, using handheld devices, or engaging in other activities that take their attention off the road.
Reckless or careless driving increases the risks for everyone, but pedestrians, due to their lack of protection, are the most vulnerable. When motorists disregard laws designed to protect pedestrians, the consequences can be life-altering or even fatal.
Pedestrians’ Responsibilities
Although motorists bear significant responsibility, pedestrians also have a duty to act safely. Pedestrians should:
- Obey traffic signals and always cross at crosswalks whenever possible.
- Avoid stepping into the path of oncoming traffic suddenly.
- Refrain from walking along interstate highways or other high-speed roadways.
- Remain attentive and avoid distractions, such as looking at a phone while crossing streets.
Even if you, as a pedestrian, were not following all traffic rules perfectly, you may still be entitled to compensation under comparative negligence laws. That’s why it’s so important to have a legal team that can analyze your case and advocate for your rights.
What if I’m Partly to Blame for My Injuries?
In Georgia, the law recognizes that fault isn’t always black and white. Georgia follows what’s known as the comparative negligence rule. This means that even if you were partially responsible for the accident, you could still recover compensation for your injuries as long as you weren’t more than 50% at fault. However, the amount of compensation you can receive will be reduced by your percentage of fault. For example, if you’re found to be 20% at fault, you’ll receive 80% of the total damages awarded to you.
It’s essential to remember that even if you think you are partially at fault, it doesn’t automatically mean you are at fault under the law. There might be factors you’re unaware of, such as a driver speeding, being distracted, or failing to yield. That’s why working with an experienced lawyer who can thoroughly investigate your case is so important. A pedestrian accident lawyer can help ensure responsibility is assessed fairly, so you’re not unfairly blamed or denied the compensation you deserve.
The Insurance Company Made Me an Offer. Should I Take It?
If an insurance company has already reached out to you with a settlement offer, you may feel tempted to accept it quickly. After all, the medical bills are piling up, and you just want to move on with your life. However, it’s crucial to understand that insurance adjusters are not on your side. Their goal is to settle claims for as little money as possible, and the initial offer they present is rarely fair.
Insurance companies use various tactics to minimize payouts. They may downplay the severity of your injuries, argue that you were partially at fault, or claim that some of your medical treatments were unnecessary. Without a skilled attorney by your side, you could unknowingly accept an offer far below what your claim is actually worth.
Before making any decisions, consult with the team at Calvin Smith Law. We’ll carefully review the insurance company’s proposal and assess whether it adequately covers your medical expenses, lost wages, pain and suffering, and any long-term needs. If it doesn’t, we’ll negotiate aggressively to secure the compensation you deserve. Don’t sign anything or agree to a settlement without speaking to us first. A quick decision today could cost you much-needed resources in the future.
Compensation Available in a Pedestrian Accident Lawsuit
A pedestrian accident can leave you facing not just physical pain but also significant financial hardship. Fortunately, filing a pedestrian accident case can help you recover compensation for the damages you’ve suffered. Here are some of the types of compensation you may be entitled to in a pedestrian accident lawsuit:
- Medical Expenses: This includes all past, current, and future medical bills related to your injuries, such as emergency room visits, surgeries, physical therapy, and medications.
- Lost Income: If your injuries have forced you to miss work, you can recover the income you lost during your recovery.
- Loss of Earning Capacity: If your injuries prevent you from returning to your job or continuing your career as before, you may be compensated for your reduced earning potential.
- Pain and Suffering: Beyond the physical injuries, pedestrian accidents can cause emotional distress and mental trauma, which should also be accounted for in your claim.
- Property Damage: If personal property like a phone, laptop, or other belongings were damaged in the accident, you can seek compensation for their repair or replacement.
- Wrongful Death Damages: If you’ve lost a loved one in a pedestrian accident, you may be able to recover funeral expenses, loss of companionship, and other damages on behalf of their estate.
Every case is unique, and the total compensation you could receive depends on factors like the severity of your injuries and how they’ve impacted your life. Your legal team will fight to ensure no aspect of your suffering is overlooked, giving you the financial support you need to move forward.
Atlanta Pedestrian Accident FAQs
If you’ve been injured in a pedestrian accident, you likely have questions about your rights and next steps. Here are answers to some of the most common questions we hear from our clients:
How much does an Atlanta pedestrian accident lawyer cost?
At Calvin Smith Law, we work on a contingency fee basis for pedestrian accident cases. This means you don’t have to worry about upfront legal fees. We only get paid attorney’s fees if we win your case. Our fees are a percentage of the compensation we secure for you, so there’s no financial risk in seeking legal representation. During your free consultation, we’ll explain everything in detail, so you understand exactly how the fee structure works. Your focus can remain on healing while we handle the legal side of things.
How long do I have to file a pedestrian accident lawsuit in Georgia?
The statute of limitations in Georgia gives you two years from the date of the accident to file a lawsuit for personal injury. However, certain factors, like claims involving public entities or cases with extenuating circumstances, may shorten or affect this timeline. Waiting too long can jeopardize your ability to seek compensation, so taking action promptly is crucial. Consulting with an experienced pedestrian accident lawyer will ensure your case is filed within the required timeframe. Don’t delay; your ability to recover damages depends on meeting this critical deadline.
How long will it take to settle my case?
The timeline for settling your case depends on several factors, such as the severity of your injuries, the complexity of determining liability, and whether the case is resolved through settlement or goes to trial. Some straightforward cases might be resolved in a matter of months, whereas more complex ones could take a year or longer.
Do I need to see a doctor even if I think I’m OK?
Yes, it’s crucial to see a doctor after a pedestrian accident, even if you feel fine. Some injuries, like internal trauma or concussions, may not show symptoms right away but can become severe later. A medical evaluation not only ensures your health and safety but also creates a record of your injuries, which will be essential if you decide to file a claim. Skipping medical care could give the insurance company a reason to downplay your injuries and reduce your compensation. Always prioritize your well-being by seeking medical attention promptly.
Contact Our Trusted Atlanta Pedestrian Accident Lawyers for Your Free Consultation
After a pedestrian accident, you may feel frustrated, confused, and unsure of where to turn. The pedestrian accident attorneys at Calvin Smith Law are here to shoulder the legal burden so you can focus on healing. When you work with us:
- We’ll investigate your accident thoroughly to determine fault and build a strong case.
- We’ll handle all communication and negotiations with insurance companies on your behalf.
- We’ll fight for the full compensation you deserve, covering both your immediate and long-term needs.
Contact a reputable personal injury law firm in Atlanta, GA today at (404) 842-0999 or through our online form to discuss your case during a free consultation. There’s no risk and no obligation, just the opportunity to understand your options and make an informed decision.
Calvin Smith Law – Atlanta Office
3560 Lenox Road, Suite 3020,
Two Alliance Center,
Atlanta, GA 30326
(404) 842-0999
