WHAT IS A PEDESTRIAN ACCIDENT?

Pedestrian accidents occur when a motor vehicle (car, truck, or motor cycle) strikes a pedestrian. Unfortunately, pedestrians are struck by motor vehicles every single day. Since there are no fender benders when a motor vehicle strikes a person, pedestrian accidents usually result in catastrophic injuries or death. The permanent injuries that result from pedestrian accidents include traumatic brain injuries, herniated disc injuries, spinal cord injuries, fractured bones and joints, and many other serious and debilitating injuries. No one would trade their health or the health of a loved one for money. However, when you or someone you know has been seriously injured or killed due to the negligence of another, it is vital to fully recover for your personal injury or wrongful death claim so that you have the means to put your life back together. Some of our clients have been truly heroic in how they bounced back from adversity and got their life back on track for themselves and their families.

HOW OFTEN DO PEDESTRIAN ACCIDENTS OCCUR?

The National Highway Traffic Safety Administration and NHTSA reported the following statistics about pedestrian accidents:

1. More than five thousand pedestrians were killed in pedestrian and motor vehicle related collisions in 2005.
2. A pedestrian is struck by a motor vehicle and killed approximately every 109 minutes.
3. A pedestrian is struck by a motor vehicle and injured approximately every 7 minutes.

WHEN DOES A PEDESTRIAN CASE CREATE A PERSONAL INJURY CLAIM?

Pedestrian Accidents result in personal injury claims when the driver of the motor vehicle (car, truck, motorcycle, etc.) negligently strikes the pedestrian. Negligence means that the driver did not exercise due care or was careless in driving their vehicle. When pedestrians are crossing the street at an intersection and are obeying any pedestrian traffic lights, then they usually have the right of way to cross the street. This means that drivers need to yield to these pedestrians. To establish liability it is very important to investigate the claim as soon as possible and to secure any surveillance tapes or witness statements whenever possible. The Griffin Law Firm, P.C. has had great success in handling pedestrian personal injury and wrongful death claims throughout the state of Georgia.

WHAT ARE COMMON DEFENSES TO PEDESTRIAN ACCIDENT PERSONAL INJURY CLAIMS?

Insurance adjusters and their attorneys will often attempt to defend cases by claiming defenses to liability. Some of these common defenses are the following:

1. The pedestrian darted out into traffic;
2. The pedestrian was jay walking (crossing the road not in a cross walk);
3. The pedestrian was a minor that was not being properly supervised by an adult;
4. The pedestrian crossed with the light signaled “Do Not Walk”.

We have received many calls from victims of pedestrian accidents who wait weeks or even months before calling for their free consultation. This delay can make it difficult to obtain all of the evidence needed to properly establish your personal injury or wrongful death claim.

WHY DO I NEED TO HIRE AN ATTORNEY FOR A PEDESTRIAN PERSONAL INJURY CLAIM?

Insurance adjusters and their defense attorneys begin to investigate a personal injury or wrongful death claim as soon as they know an accident occurred. They will often attempt to take recorded statements from the injured parties and any witnesses before the injured party has an attorney. The adjusters and defense attorneys goal is to gather information that will limit, reduce, or remove the personal injury claim value. We strongly recommend that you hire our experienced personal injury lawyers and wrongful death lawyers as soon as possible to protect your rights and to allow us to fully investigate your claim. Many times witnesses may only be available immediately after the accident and often surveillance tapes that may be crucial to your case are destroyed unless an attorney acts quickly to collect and preserve the evidence. Our experienced pedestrian accident lawyers often send spoilation letters (legal letters that create a duty on the negligent party and the adjuster to preserve important evidence or face the consequences at any future trial). Our personal injury attorneys and wrongful death attorneys also take the recorded statements of the witnesses as soon as possible to lock in their testimony while it is still fresh in their minds. These actions can make all the difference in how much you will recover for your injury claim.

Our personal injury law firm also can help you get the medical treatment that you need to recover from your painful injuries. We encourage our clients to use their Med Pay coverage or health insurance coverage if they have it. However, if our clients do not have health coverage, then we can refer them to doctors and MRI centers who will treat on a lien. For clients who need pain management or surgical intervention, we can also assist them in obtaining funding from medical funding companies that will pay the surgeon now and will wait to be repaid from your personal injury settlement.

WHAT IS THE MINIMUM POLICY LIMIT FOR LIABILITY COVERAGE IN GEORGIA?

Drivers can elect to buy higher limits and often do. However, for many drivers trying to save money on their auto insurance, they elect to only buy the minimum the law requires of $25,000 (maximum for any one injured party) / $50,000 (maximum for all injured parties from the same accident) / $25,000 (property damage maximum. Stacking insurance policies can be difficult and if not done correctly can result in the release or waiver of some insurance coverage. Our experienced personal injury and wrongful death lawyers will identify all of the liability policies, umbrella policies, and uninsured motorist policies which may cover your claim and will obtain the policy limits of each. This can make a huge difference in the amount of your recovery since pedestrian accidents worth a great deal due to the serious injury or death that often results from a motor vehicle striking a pedestrian or bicycle rider. Our personal injury and wrongful death law firm has found additional liability and umbrella insurance policies that have increased the insurance coverage from $25,000 to a million dollars or more from our investigation and litigation. This makes all of the difference for people who are catastrophically injured or for wrongful death claims.

HOW DOES IT HELP ME TO HIRE AN ATTORNEY FOR MY PERSONAL INJURY OR WRONGFUL DEATH CLAIM?

I have listed many of the benefits that having good attorney representation will usually provide:

1. Proper investigation of the claim;
2. Proper documentation of your damages;
3. Assistance in getting the medical treatment you need either through your health insurance, med pay, doctor lien, or medical funding company;
4. Strong negotiation of your claim;
5. Strong litigation of your claim if the adjuster and defense attorney do not negotiate in good faith;
6. Negotiations to reduce your medical bills or subrogation claims to make your settlement dollars go farther.
7. Peace of mind that you know what to do and what to expect throughout your case.

CAN I HAVE A WORKER’S COMPENSATION CLAIM IN ADDITION TO A PERSONAL INJURY CLAIM?

Yes you can. If you are on the job when you are injured due to the negligence of another person who is not your employer or a co-worker, then you can have both a worker’s compensation claim against your employer as well as a third party personal injury claim against the negligent person or entity. An example would be someone who is working on the roads for a private employer when a negligent driver strikes them with their vehicle. This would create a worker’s compensation claim for the on the job injury, and a personal injury claim against the negligent driver.

FREE CONSULTATIONS AND SETTLEMENT EVALUATIONS:

If you or someone you know has a personal injury, worker’s compensation, wrongful death, diminished value property damage claim, total loss property damage claim, or social security disability, then we encourage you to contact us through any of the below methods:

1. CALL: Please call us at 866-847-6545 for a free phone consultation;
2. SETTLEMENT EVALUATION FORM: You can click this link to find out what our attorneys believe your case is worth.
3. CONTACT US FORM: You can click this link to submit your legal questions to our attorneys.