When a vehicle strikes a pedestrian on or off the road, the pedestrian is usually the party that sustains the most injuries. If the pedestrian is proven to be at fault for causing the accident, getting compensation from the driver may not be a simple process. For this reason, people struck by vehicles should try to hire a Duluth pedestrian accident lawyer if they want to file a personal injury claim.
At Barrios & Virgüez, we understand the legal processes of filing a claim with an at-fault party’s insurance. With our help, you can ensure your case is handled quickly and appropriately. Our team will bring your case to trial and participate in that process on your behalf when necessary.
Proving Negligence in Your Duluth Pedestrian Accident
Pedestrian accident claims revolve around the concept of negligence. The person proven to be negligent in the events leading up to the accident will be deemed responsible for most or all of the associated damages. To prove that a party was negligent, the claimant must show that the perceived at-fault party did not act reasonably or carefully, causing the accident.
As the pedestrian accident victim, you 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 hit you, you must be able to prove that they were actually at fault.
Doing this requires significant evidence, which must be presented throughout lengthy negotiations with the driver’s insurance company.
For a free legal consultation with a pedestrian accidents lawyer serving Duluth, call 678-888-2222
Determining Fault for Pedestrian Accidents in Duluth
When pedestrian accidents occur, it may be unclear who caused the accident. If the driver was distracted or breaking the law, chances are high that they are liable for the damages caused by the accident. To get to the bottom of this situation, your lawyer will assess the following:
- The speed of the car
- Whether the driver was distracted
- Whether the accident occurred in a crosswalk
- Whether the area was well-lit
- 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 figuring out the facts behind the accident, your lawyer can assess fault to strengthen your claim against the driver who hit you. They will look for as much evidence as possible during this process. This includes key documents, such as medical records and police reports.
Eyewitnesses and Surveillance Footage
In the police report, there may be additional context provided by the officers or eyewitnesses. Depending on what they say, their statements could be beneficial during settlement negotiations.
Pedestrian accident lawyers in Duluth may also collect footage from nearby surveillance cameras that could have captured the accident on camera. Using this footage, they can paint a clearer picture of what events led to the accident and who was at fault.
Witness Statements and Expert Testimony
In addition to police and crash reports, other types of evidence also can be used to prove the defendant’s liability and negligence. Two of the top types of evidence are expert testimony and witness statements.
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. Your personal injury lawyer will also gather compelling evidence from expert witnesses.
They will hire witnesses to review the evidence and determine whether their testimony could help prove the defendant is responsible for causing your injuries. After a pedestrian accident, accident reconstructionists should be called, and their reports should be used to establish the defendant’s liability and negligence.
Photos and Video of the Accident
If you can do so at the accident scene, be sure to take as many photos and videos as possible. Pictures of your injuries can help prove how severe your injuries are. At the same time, accident reconstructionists could use photographs of the accident scene to determine who is responsible for causing pedestrian accident injuries.
By taking video footage of the accident scene, you can also help experts re-create traffic conditions and identify any nearby property damages. Video can also provide clearer insight into who caused your pedestrian accident and how your injuries happened.
Duluth Pedestrian Accident Lawyer Near Me 678-888-2222
Are Pedestrian Accident Cases Time-Sensitive?
Pedestrian accident cases are time-sensitive because every state has a statute of limitations on filing personal injury claims. In Georgia, the statute of limitations is two years from the date of the injurious accident. If you wait until after this timeframe ends, you will likely be unable to file a claim.
The statute of limitations is one of many reasons to file your pedestrian accident claim quickly. As a pedestrian accident lawyer would tell you, valuable evidence is likely only available if you recover it quickly.
To increase your chances of successfully recovering the maximum possible compensation, have a pedestrian accident lawyer in Duluth, GA, review your case immediately so they can find out what evidence to collect.
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Pedestrian Accidents Are Often Caused by Drunk or Drugged Drivers
Maybe the driver who hit you was intoxicated when the accident injured you. If this is the case, your chances of winning fair compensation increase dramatically. However, there is no guarantee that you will be able to recover the maximum amount without a pedestrian accident attorney.
While drunk driving is illegal, illegality typically only results in criminal penalties like jail time and fines. To recover compensation in civil court, you must present a valid case against the driver and potentially their insurance provider. Unfortunately, many insurance companies refuse to pay claims related to drunk drivers because their policies do not cover their actions.
If the insurance is unwilling to pay, the only option is to file a lawsuit against the at-fault driver. While they may not have the funds needed to pay your damages immediately, trying to collect as much as possible from them is the best way to ensure that some of your losses are still covered.
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Pedestrian Right of Way in Duluth
In Georgia, pedestrians have the right-of-way. Therefore, pedestrians using crosswalks have the right to cross the street before vehicles can pass through. If the driver of a car does not yield to a pedestrian in a crosswalk, their actions are technically negligent and illegal.
Still, this is not a catch-all law, and some limitations exist. For example, a pedestrian may choose to rush in front of a moving car without offering the driver enough time to react. That pedestrian has made an unreasonable choice that could be called negligent in court proceedings. If there is evidence that this is what happened, the pedestrian could be found at least partially liable for their damages.
Duluth Pedestrian Accident Damages and Compensation
If you suffered due to a pedestrian accident, you might be entitled to compensation from the driver who hit you. The level of compensation you can recover depends on the specific nature of the accident and its outcomes.
Here are some losses that can be claimed as damages in a pedestrian accident claim:
- Past, present, and future medical bills
- Lost wages associated with the accident
- Lost career or business opportunities
- Emotional distress
- Pain and suffering
- Loss of consortium
- Loss of companionship
- Wrongful death
Contact a Pedestrian Accident Attorney in Duluth Today
A pedestrian accident attorney in Duluth, GA, will evaluate the circumstances of your claim to give you a reasonable estimate of what your settlement or jury award could be for your claim. To find out more, get in touch with a Duluth pedestrian accident lawyer from Barrios & Virgüez. You can reach us using the contact form featured here on this page or call our office today.
Call or text 678-888-2222 or complete a Free Case Evaluation form