Pedestrian Accidents Attorney in Atlanta, Georgia
Any type of car accident has the potential to result in significant physical injuries. On top of that, it can add many financial obstacles. When there is a pedestrian involved, however, the physical ramifications become far more severe. If you or a loved one has been involved in an accident as a pedestrian, you need the help of a skilled personal injury attorney to seek the compensation you deserve.
At Kyle H. Jarzmik Law, I help people take legal action to hold the parties responsible for their accidents accountable. I am ready to hear about your situation, explain the legal options that may be available to you, and guide you through the process as we work together to pursue the outcome you want. Contact me to schedule a consultation to get started. I proudly serve clients in the greater Atlanta, Georgia area, as well as the surrounding communities throughout Fulton County, Cobb County, Dekalb County, Gwinnett County, Forsyth County, Douglas County, Paulding County, and Cherokee County.
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One of the most important factors in any personal injury case, including pedestrian cases, is the determination of liability. Establishing who was at fault for the accident involves having a basic understanding of the laws of the state and how such accidents are handled.
Right of Way Laws in Georgia
Under Georgia law, a pedestrian has the right of way if they are in a crosswalk or legally crossing an intersection. Otherwise, the pedestrian must yield to all vehicles.
Pedestrians are required by law to yield to oncoming traffic unless the individual has a legal right to be where they are in the road. As stated above, pedestrians must cross roadways by using designated crosswalks at all intersections. Additionally, pedestrians are not allowed to cross intersections diagonally.
Though drivers generally have the right of way in traffic, a driver still owes a basic duty of care to others on the roadway — including pedestrians. If a pedestrian has already entered the road, the driver must stop and allow the pedestrian to cross. Even if the pedestrian is in the road illegally, the driver must make an effort to stop or slow down.
Other factors could potentially come into play in a pedestrian accident, such as weather or road conditions, making it difficult for drivers or pedestrians to see one another or for vehicles to safely stop. If such factors were involved in your accident, your attorney will provide you with guidance about how to address them.
Understanding fault in Georgia requires learning the fundamental aspects of how fault is determined and how compensation is awarded related to fault. Georgia is what is known as an “at-fault” state, meaning the party determined to be at fault for the accident bears the legal liability for any injuries or damage caused.
Georgia also adheres to a “modified comparative negligence” system. Under this system, fault can be shared by multiple parties. If one party is found to have been 25% at fault for an accident, that party will only be eligible to receive 75% of the total compensation awarded. For example, if you are awarded a total of $100,000 in compensation for your accident, but you are found to have been 25% at fault, you will only be entitled to $75,000 of that amount. If you are, however, more at fault than the party for which you are seeking damages against, you cannot recover against them.
Statute of Limitations
Under Georgia law, legal action for a pedestrian accident must be filed within two years of the date of the accident. Failure to take action within this allotted time will result in losing the ability to seek compensation from the responsible party.
Knowing what to do next is crucial. Depending on your specific situation, you can file either a personal injury claim or a wrongful death claim (if your loved one was killed in a pedestrian accident).
Though a successful claim cannot erase the damage you have suffered from your accident (or bring back the loved one you lost in the case of a wrongful death claim), you can still benefit from obtaining financial compensation that can pay medical bills (or funeral expenses), cover for lost wages, and provide you with the resources you need to pick up the pieces of your life and move forward.
How an Attorney Can Help
When you or a loved one has been in a pedestrian accident, you have more than enough to deal with in terms of physical injuries and the effects the accident has had on your day-to-day life. Working with a knowledgeable attorney will allow some of the pressure to be taken off of you. Your attorney will be able to handle the legal aspects of your claim and give you the opportunity to focus on healing while your case is in strong and capable hands.
Pedestrian Accidents Attorney Serving Atlanta, Georgia
Get the strong legal representation you need after the damage you have experienced in a pedestrian accident. If you are in Atlanta, Georgia, or anywhere throughout the areas of Douglas County, Forsyth County, Gwinnett County, Dekalb County, Cobb County, Cherokee County, Paulding County, or Fulton County, reach out to me at Kyle H. Jarzmik Law right away to schedule a consultation to discuss the specifics of your situation.