People should be able to walk along a street without suffering injuries, but many people are injured in pedestrian accidents each year. If you were injured while walking or suffered the loss of a loved one due to a pedestrian accident, you should speak to an attorney regarding your potential claims. The Gainesville pedestrian accident lawyers at Cook Law Group possess the skills and resources needed to help injured people seek justice in civil lawsuits, and we can advocate aggressively on your behalf.Common Causes of Pedestrian Accidents
Most pedestrian accidents occur when a person driving a motor vehicle fails to notice a person walking on a road or sidewalk or fails to grant the person the right of way, resulting in a collision. Pedestrian accidents also can occur when overgrown bushes or shrubbery forces a person to depart from a sidewalk onto a roadway. Many pedestrian accidents occur when an driver is distracted and strikes a pedestrian crossing the street at a crosswalk. Low visibility at nighttime can lead to pedestrian accidents as well. When a vehicle strikes a pedestrian the injuries are often severe ranging from fractures to traumatic brain injuries, hemorrhaging, paralysis or death.Proving Liability for a Pedestrian Accident
In many instances, multiple factors will combine to bring about a pedestrian accident. A pedestrian accident attorney at our Gainesville firm can investigate the full range of parties that should be brought into the lawsuit. For example, a plaintiff may be able to pursue claims against a reckless driver or their employer. Regardless of whether there are one or several defendants, however, a plaintiff seeking damages for a pedestrian accident will usually allege that his or her harm was caused by negligence. In Georgia, to succeed in a cause of action for negligence, a plaintiff must demonstrate that the defendant had a duty to exercise ordinary care and that the defendant breached the duty. The plaintiff must also prove that he or she suffered injuries and damages and show a causal connection between the defendant’s breach and his or her harm.
It is not uncommon for a defendant in a lawsuit arising out of a pedestrian accident to argue that the pedestrian’s negligence caused the accident, and thus no damages should be awarded. Our Gainesville pedestrian accident attorneys know how to counter these arguments. Moreover, under Georgia’s modified comparative negligence rule, a defendant’s liability will merely be reduced in proportion to the percentage of fault attributed to the plaintiff, as long as the plaintiff is deemed less than 50 percent at fault. If the plaintiff’s fault is 50 percent or greater, he or she cannot recover compensation. A plaintiff who successfully demonstrates liability may be awarded damages for the economic harm caused by the accident, such as the cost of medical treatment and lost earnings, as well as compensation for non-economic harm, such as pain, suffering, and mental anguish.Discuss Your Claim with an Experienced Georgia Attorney
Pedestrian accidents often cause significant injuries, and they may even result in the pedestrian’s death. If you were injured while walking or lost a loved one in a pedestrian accident, it is in your best interest to speak to an attorney about the claims that you may be able to pursue against the party that caused the accident. We have handled many pedestrian accident cases. Gathering all available evidence like cameras from nearby business is critically important and must be done immediately. The capable personal injury lawyers at Cook Law Group are dedicated to helping injured people pursue compensation for their harm, and if you engage our services, we will work tirelessly to help you strive for a fair outcome. We represent victims in lawsuits in cities such as Gainesville, Albany, Columbus, Savannah, Macon, Augusta, Athens, and Valdosta. You can contact a pedestrian accident lawyer at our Gainesville firm by calling 678-928-3899 or using our form online to set up a meeting.