When a vehicle strikes a pedestrian in Duluth, GA, the pedestrian can suffer an injury. If the pedestrian is proven to be at fault for the accident, getting compensation from the driver can be difficult. For this reason, people struck by vehicles should hire a Duluth personal injury lawyer to help them with their personal injury claim.
At Barrios Virgüez, we know how to file a pedestrian collision claim with an at-fault party’s insurance company. Our Duluth pedestrian accident lawyer will make sure that your case is handled quickly and appropriately. For more information, please get in touch with us.
Why Proving Negligence Is Key in Your Duluth Pedestrian Accident Lawsuit
Pedestrian crash claims revolve around the concept of negligence. A person who is negligent in the events leading up to an accident is considered to be responsible for most or all of the associated damages. To prove that a party was negligent in a pedestrian collision claim, the claimant must show that the perceived at-fault party did not act reasonably or carefully and caused the incident.
A pedestrian accident victim may assume that the person who hit you is automatically negligent and responsible for damages. This is not always true. To claim compensation from the person who caused your crash, you must be able to prove that they were actually at fault.
The team at Barrios Virgüez can explain negligence as it relates to your case. Along with this, we can teach you about how health insurance can cover car accident bills and other legal topics. To learn more, please reach out to us.
For a free legal consultation with a pedestrian accidents lawyer serving Duluth, call 678-888-2222
How to Figure Out Who Is at Fault for Your Pedestrian Collision
When a pedestrian crash happens, it may be unclear who caused the accident. If the motorist was driving while distracted or breaking other laws, the chances are high that they are liable for the damages caused by the accident. To get to the bottom of this situation, a Duluth pedestrian accident attorney will assess a wide range of factors relating to your crash, such as:
- The speed of the car
- Whether the driver was distracted
- Whether the accident occurred in a crosswalk
- Whether the area where the collision happened was properly illuminated
- The time of day that the accident occurred
- Whether traffic signals were nearby at the scene of the accident
- Whether any traffic laws were broken leading up to the accident
By reviewing the facts associated with your crash, a pedestrian accident attorney in Duluth can determine who is at fault. This lawyer will look for as much evidence as possible during this process. They may consider medical records, police reports, and other documents that you can use as evidence to support your request for compensation.
Duluth Pedestrian Accident Lawyer Near Me 678-888-2222
How Evidence Can Help You Get Compensation in a Pedestrian Accident Lawsuit
A pedestrian accident lawyer in Duluth can get a police report after your crash. This report provides insights into what happened during your collision. It can be used to show a judge or jury that the driver involved in your crash is fully responsible for the incident.
Footage from surveillance cameras can help you get a fair settlement. For instance, a surveillance camera near the scene of your crash may have captured the entire incident. This footage can paint a clear picture of what events led to your accident and who is at fault.
Whether you are filing an insurance claim or bringing your case to court, having witnesses willing to make a declaration or testify at trial could be valuable in supporting your case. Furthermore, your lawyer can look for experts who can testify on your behalf. Any witnesses who can share information to support your case can help you get the maximum amount of compensation.
How Much Time You Have to File a Pedestrian Accident Claim
Georgia has a two-year statute of limitations for pedestrian injury claims. If you get hurt in a pedestrian collision, you have up to two years from the date you suffer your injury to seek compensation. For those who wait beyond two years, they are 100% responsible for the costs associated with their injuries.
Your pedestrian crash lawyer can discuss the average settlement for a back injury and other types of personal injuries. They will encourage you to ask for both economic and non-economic compensation. You can get economic compensation for quantifiable losses like medical bills and lost wages and non-economic compensation for pain, suffering, and other subjective losses.
Once your lawsuit is submitted, your attorney works with you to build a compelling argument. They will commit as much time as needed to craft an argument that resonates with a judge or jury. Your lawyer will also keep you in the loop if the defendant in your case offers a settlement.
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What to Do if You Get a Pedestrian Collision Settlement Offer
In Georgia, the average settlement for a car accident varies from case to case. You can request any amount of economic and non-economic damages as a result of your pedestrian crash injuries. Regardless, you must present a compelling argument to get the compensation you deserve.
If the defendant in your lawsuit has concerns about the strength of their argument against you, they may propose a settlement. The settlement may fall short of what you want. In this scenario, you can decline the proposal and continue with your litigation.
Even if you want to instantly turn down a settlement offer, it is in your best interests to discuss the proposal with your pedestrian injury lawyer. Then, you and your lawyer can go over the proposal’s pros and cons. Most importantly, you can make a decision about the offer that serves you well long into the future.
How to Choose a Duluth Pedestrian Injury Attorney
Do not rush through the process of hiring a Duluth pedestrian injury lawyer. Keep in mind that you only have two years from the date you suffer your injury to seek damages. At the same time, you should perform an extensive evaluation to find a lawyer who can help you get your desired case result.
It can be beneficial to read an attorney’s client testimonials. Doing so can help you understand how a lawyer has helped their clients in pedestrian injury lawsuits. If you read client testimonials and feel good about a lawyer, you can meet with the attorney.
When you meet with an attorney, ask questions. This allows you to learn about the lawyer and figure out if they can meet your expectations. If so, you can hire this attorney and file your lawsuit.
Partner with a Duluth Pedestrian Accident Lawyer
Barrios Virgüez has plenty of experience with pedestrian accident cases in Duluth. Our attorney is here to help you in any way we can. To find out more or request a free case consultation, please contact us today.