Tucker Pedestrian Accident Lawyer
Accidents involving pedestrians are unfortunately common. Often, these incidents involving a motorist who fails to operate their vehicle safely and strikes a pedestrian. Due to a jogger, walker, or other pedestrian’s lack of safety, these collisions can lead to severe and even fatal injuries.
If you or a loved one was struck by a vehicle, you might benefit from contacting a Tucker pedestrian accident lawyer to discuss your legal rights and options. After an injury, you might be suffering from trauma and a pile of medical bills, despite an inability to return to work.
However, depending on the circumstances of your injuries, you might be able to file a civil claim against the person, business, or other entity responsible. By retaining a skilled attorney, you could have help to gather evidence and pursue compensation for your losses.
How is Fault Determined for a Pedestrian Injury Case?
In accordance with the Official Code of Georgia Annotated §40-6-93, drivers have a duty to exercise care behind the wheel—naturally, this includes an obligation to avoid any reckless behavior that could cause a collision with a pedestrian on a roadway, sidewalk, crosswalk, or other paths. Unfortunately, some drivers operate their vehicle while distracted, fatigued, under the influence of drugs or alcohol, or under other unsafe conditions.
This neglect of their duty might, therefore, be the basis of a claim for compensation when a pedestrian is injured as a result. However, proving negligence is often complex, especially for underprepared or underrepresented claimants. A Tucker pedestrian accident lawyer could help a person injured by a negligent motorist to gather evidence and pursue compensation by working tirelessly to file a thorough civil claim.
For example, accident reports might be an important source of information for establishing fault. When the authorities investigate the scene of an accident, they may take photographs, obtain contact information for witnesses, and take statements from the individuals involved in the collision—if they are able to provide a statement. Therefore, if an injured pedestrian can obtain a copy of an accident report, it might be crucial to the success of a claim.
What Happens if the Pedestrian is Partially At Fault?
Not all pedestrian accidents are solely the fault of a motorist, however. In some cases, a driver who faces liability for damages might make an argument that the pedestrian contributed to their injuries.
In Tucker, even if the injured claimant is determined to be partially at fault, they are not automatically barred from recovering compensation. Instead, under O.C.G.A §51-12-33, an injured claimant can recover damages if they are under 50 percent liable for their injuries.
However, the amount of compensation they can receive would be reduced to match their proportionate percentage of fault. Therefore, if a claimant was 25 percent at fault, they could recover 75 percent of the awarded damages.
Recoverable Damages in Tucker
Depending on the nature of a claimant’s injuries, they might face months or even years of required medical treatment, as well as a possible inability to return to work—or to work in the same capacity as before. Therefore, the costs of emergency medical services, rehabilitation, physical therapy, and other associated costs stemming from the accident might be recoverable through a claim.
Similarly, lost wages and a decreased earning capacity might also be recovered. Furthermore, in cases involving severe permanent injuries, an injured party may seek compensation for future medical expenses, as well.
Additionally, non-economic damages might be awarded to recover a plaintiff’s pain & suffering, emotional distress, and loss of enjoyment of life, among others. A compassionate Tucker attorney work with an injured pedestrian to calculate the extent of their losses following an injury, in order to request full and fair compensation.
Call a Tucker Pedestrian Accident Attorney for Help
If you or a loved one was injured after being struck by a vehicle, you are likely to be traumatized and have numerous questions about how to best proceed. If the negligence of another person caused your injuries, you should not have to shoulder the subsequent costs alone.
A Tucker pedestrian accident lawyer could explain your legal rights and options and work tirelessly to guide you through each step of the claims process. To begin working on a claim, as well as to learn more about the continuous communication 770-GOOD-LAW could provide you throughout your case, call today to schedule a consultation.