Something as common as crossing a street or walking the shoulder of a road can leave you, the pedestrian, vulnerable, as a pedestrian struck by a moving motor vehicle often leads to severe injuries. Commonly, such damages could cause a tremendous financial burden due to the inability to work as you navigate getting better. You may need an Augusta pedestrian accident lawyer to help you.
If you or someone you love has been struck by a moving motor vehicle, you will want to seek legal representation as soon as possible. An experienced personal injury attorney at our firm can handle many personal injury cases, including car crashes, bicycle wrecks, and pedestrian accidents. At Barrios Virgüez, our attorneys will do what is necessary to protect your rights, and this will allow you to focus on what is most important: getting better.
A Pedestrian Accident Involving Motor Vehicles
It is inevitable that some pedestrians will be involved in accidents with moving motor vehicles. Augusta streets are saturated with moving motor vehicles and pedestrians. Due to this fact, countless interactions between people and vehicles occur daily, and these interactions can, unfortunately, lead to pedestrian accidents involving motor vehicles.
Such car accidents can leave you with severe injuries, leading to extensive medical costs due to hospitalizations, medications, and rehabilitation. It would be best if you did not have to worry about such expenses while trying to recover. A dedicated pedestrian accident lawyer in Augusta, GA, at Barrios Virgüez, could greatly help you if you were involved in a pedestrian accident.
Even if you are not sure if you want to hire an attorney just yet, we encourage you to reach out to us for a free consultation. There is no risk to you, and there are a lot of opportunities available to help you recover the losses you have. Our consultations are completely free, and there is no obligation to work with us either.
Seek Medical Attention
After a pedestrian accident, you may be high on adrenaline brought on by the accident. This adrenaline rush may keep you from feeling any initial pain at all. However, you should not turn down medical attention if this is the case.
You should seek medical attention immediately following an accident. An injury could be present without you even realizing it. Let a doctor examine you to rule out or diagnose injuries if found.
A doctor’s documentation on your condition following the accident will also be helpful during litigation. It may also help to prove that the injuries you have sustained are life-threatening and serious. A pedestrian accident attorney in Augusta, GA, will use this documentation when determining damages.
Compile Evidence
Following any accident you are involved in, you want to collect evidence immediately, as this evidence will be necessary for your case. If you can, take pictures of the scene and the vehicle that hit you (including the license plate). Take photos of yourself to capture any injuries you have as a result of the accident.
Speak to any witnesses and get statements when possible. Collect witness information if needed later, and collect the personal information of the driver behind the wheel (including the name and number of their insurer). Lastly, you want to keep a copy of the police report.
You will want to keep all this information on hand because when you reach out to an Augusta pedestrian accident attorney. They will ask you for this critical information to assist with their research. Even if you do not have this information, any details you have about the case will help your attorney fight for your right to compensation.
As a Pedestrian, You Have Rights
As a pedestrian, you have the right of way when utilizing a crosswalk properly. Motor vehicle drivers are entrusted with obeying traffic rules and operating their vehicles with care and safety. It is the driver’s responsibility to adhere to the laws of the road.
They should be operating with caution when pedestrians are present. They must display total caution when approaching or crossing intersections. Drivers should be especially careful when driving at marked crosswalks, in residential neighborhoods, and near schools.
Motorists also should not be operating their vehicles while distracted, nor should they be speeding or breaking other traffic laws. They will be found negligent if they breached their duty of care when the accident occurred. These are just some of the potential causes of pedestrian accidents, as there are many reasons why drivers put other drivers at risk.
If you have been injured while walking, contacting an Augusta pedestrian injury attorney can help you protect your rights and pursue compensation for your injuries.
Pedestrians and Shared Fault
A pedestrian is expected to adhere to safety protocol as well. Like the driver, the pedestrian must act with caution. This could include:
- Crossing the road properly at an intersection or road
- Wearing reflective gear when wearing dark clothing at night
- Looking both ways before crossing and proceeding with caution
- Refraining from being intoxicated by drugs or alcohol while on the road
- Refraining from crossing outside of crosswalk without yielding to motor vehicles
An Augusta pedestrian injury lawyer can further outline the duties of the pedestrian and the motorist. However, even if you may have made some mistakes that led to the incident occurring, our attorneys still want to help you navigate the legal rights you have. You may still be able to file a claim for the losses you have incurred when the driver hits you.
Liability for Pedestrian Injuries and Damages
Your pedestrian accident lawyer in Augusta, GA, will need to evaluate the cause of your injuries carefully and the accident to determine who is liable for your damages. Although pedestrian accidents happen in multiple ways, some parties are sued for losses more often than others. These include:
- Reckless drivers
- Auto parts manufacturers
- Government agencies and the city of Augusta
In some situations, it is not always clear who is to blame for the losses you have. Our attorneys will do our best to investigate this information and clearly determine who could be held responsible. This allows us to know how to proceed in obtaining damages for your losses.
Reckless Drivers
One of the most tragic causes is a reckless driver, a person who makes the decision to engage in some activity that puts others at risk. Reckless driving could include speeding, driving erratically, or even using substances. Reckless and negligent drivers often crash into pedestrians, causing debilitating injuries such as:
The injuries you have are often dependent on the speed and force of the accident. In some cases, even a slow-moving accident can result in long-term complications. As difficult as that is, it is our job to help you obtain compensation.
Common Types of Negligence Acts
Why did this happen? There are various reasons reckless driving occurs. Negligent driving can include any unsafe driving behavior, including:
- Driving under the influence of alcohol or drugs
- Distracted driving (cognitive, visual, manual)
- Aggressive driving, including road rage
- Operating a vehicle while fatigued
- Failure to yield to the right of ways
- Making illegal turns and turning without a turn signal
- Failure to stop at traffic lights or stop signs
These are just some examples of what could occur. Our team will work to gather as much information as possible in your case to determine what occurred so we can seek out fair compensation. Sometimes, we do not know why a person caused an accident like this.
Auto Parts Manufacturers
Auto parts designers, manufacturers, distributors, suppliers, and anyone involved in the chain of distribution of these parts can be held accountable when defective parts cause pedestrian accident injuries and damages. This is not that uncommon. Examples of parts that often malfunction include:
- Airbag inflators
- Seat belts
- Steering columns
- Braking systems
- Tire blowouts
- Coolant leaks
- Ignition systems
- Fuel tank systems
- Door latch mechanisms
- Body and frames
- Emergency brakes
Do you believe that the car caused the accident? If so, we can gather evidence of what went wrong and then try to determine why. This can allow us to assign blame to the right party.
Safe Roads and Highways
Government agencies, including the Georgia Department of Transportation (GDOT) and municipalities like Augusta, are obligated to maintain the safety of the roads and highways. Failure to do so could mean these parties are responsible for compensating you for your losses. Examples of such negligence in pedestrian accidents could include:
- Lack of street signs
- Failure to replace damaged traffic lights
- Failure to fill potholes
- Unsecured road construction work
With help from your pedestrian accident attorney in Augusta, GA, you can find out who to sue for your damages and recover maximum compensation for your suffering. There is a lot of work to be done to prove that these types of accidents caused your loss. We encourage you not to settle your case without speaking to your attorney first.
Proving Negligence After a Pedestrian Accident
It is imperative to prove negligence in an accident to recover monetary compensation. A strong case needs to be built to prove negligence to recover financial compensation after your accident. A pedestrian accident attorney in Augusta can assist with this.
The evidence that you collected will be essential to aid in this process. It will be analyzed by experts who will help to support your case. We work with some of the best professionals in the field.
Our goal is always to analyze all available information. This allows us to ensure that there are no possible questions from the insurance company. That protects your right to compensation.
Protecting Yourself from Shared Fault Accusations
It is common for pedestrian accident victims to be accused of sharing liability for the accident. It is one of the top ways defense attorneys attempt to help their clients avoid their financial obligations. However, you do not need to worry.
Georgia follows modified comparative negligence laws with a 50% bar threshold. In layman’s terms, this means you can share as much as 50% of the liability for the accident and still recover compensation for your losses. However, you will still need to be held accountable for your portion of the blame. For example, the judge might determine you are 35% liable for the injuries you sustained, and your pedestrian accident settlement would then be reduced by 35% to account for your portion of the blame.
However, with an experienced Augusta pedestrian injury lawyer on your side, you do not need to be concerned that you will be taken advantage of or that fault will be unfairly placed on you. Our team will work tirelessly to identify the at-fault party accurately so you do not suffer additional losses due to someone else’s recklessness. Count on us to help support your claims.
Types of Damages Awarded in a Pedestrian Accident
As with most vehicle accidents, there is an array of possible damages. Compensation for these damages can be recovered after an accident occurs. Once our lawyers in Augusta review your specific pedestrian accident case, we can provide more details about the specific amount of compensation you might be able to recover and we can also provide insight into the types of damages that can be recovered:
- Medical expenses
- Wage losses
- Pain and suffering
- Negative impact on earning ability
- Personal property damage
- Wrongful death action (if fatalities occurred)
Do you have other damages? Who you choose to take on your case is vital to the outcome of your case. You want to be represented by well-equipped attorneys who will get you the most for your injuries and troubles.
Get the Advice of an Augusta Pedestrian Accident Attorney
Refrain from taking a chance at handling your case on your own and hire an experienced Augusta pedestrian accident lawyer to represent you. Barrios Virgüez has tried dozens of cases while being in practice for the last eight years. Call us today to schedule a free consultation.
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