Pedestrian Injuries in Car Accidents: Legal Rights and Remedies

Pedestrian Injuries in Car Accidents: Legal Rights and Remedies

Car accidents involving pedestrians can result in severe and sometimes fatal injuries. In such scenarios, it is vital to understand the legal rights and remedies available to pedestrians. This blog post will explore the key aspects of pedestrian injuries in car accidents and the legal avenues available for seeking justice and compensation.

Table of Contents

1. Determining Liability

Determining who is at fault is a crucial first step in any personal injury claim. While drivers must exercise care to avoid hitting pedestrians, pedestrians also have a duty to use reasonable care for their safety.

Driver’s Responsibilities

  • Obeying traffic laws

  • Yielding to pedestrians at crosswalks

  • Being alert to pedestrian presence

Pedestrian’s Responsibilities

  • Using marked crosswalks

  • Following pedestrian signals

  • Not entering the flow of traffic recklessly

2. Legal Rights of Injured Pedestrians

Injured pedestrians have legal rights that may include:

Seeking Compensation

Compensation for medical expenses, lost wages, pain and suffering, and other damages may be pursued.

Filing a Personal Injury Lawsuit

If insurance claims are insufficient or denied, a personal injury lawsuit against the at-fault driver may be an option.

Wrongful Death Claim

If a pedestrian is fatally injured, surviving family members may pursue a wrongful death claim.

3. Remedies and Compensation

The compensation received can cover various damages, including:

  • Medical Expenses: Both current and future medical costs.

  • Lost Wages: Compensation for lost earnings due to injury.

  • Pain and Suffering: Monetary compensation for physical pain and emotional distress.

  • Punitive Damages: In cases of gross negligence or intentional misconduct, punitive damages may be awarded.

4. Statute of Limitations

Each jurisdiction has a time limit within which a personal injury lawsuit must be filed. Failure to act within this period could result in losing the right to sue.

5. Legal Assistance

Given the complexity of pedestrian injury cases, seeking legal representation is often advised. An experienced personal injury lawyer can:

  • Investigate the accident

  • Negotiate with insurance companies

  • Represent you in court if necessary

  • Advocate for fair compensation

Conclusion

Pedestrian injuries in car accidents can have life-altering consequences. Understanding your legal rights and remedies is essential in navigating the aftermath. Whether seeking compensation through insurance claims or pursuing a personal injury lawsuit, having knowledgeable legal representation can be invaluable in achieving the best possible outcome.

If you find yourself in such an unfortunate situation, take immediate steps to protect your rights, seek medical attention, and consult with an experienced attorney who specializes in pedestrian injuries. They can guide you through the legal process, ensuring that justice is served, and proper compensation is attained.

Written By:
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Nathan Whittenburg

Owner & Attorney - Atlanta Personal Injury Law Firm

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About Atlanta Personal Injury Law Firm

Atlanta Personal Injury Law Firm specializes in personal injury cases across Georgia, including motor vehicle accidents, premises liability, catastrophic injuries, and wrongful death claims. Our experienced Georgia injury attorney works on a contingency fee basis, ensuring you only pay legal fees once we secure your settlement or verdict.

Contact our experienced legal team by phone or visit our website for a instant case evaluation. Trust Atlanta Personal Injury Law Firm for dedicated legal representation in Georgia.

Do You
Have A Case?

Our firm specializes in personal injury cases across the state of Georgia, working on a contingency fee basis to ensure the best possible service for each client.

Click below to get a free, instant case evaluation and find out if you qualify for legal action immediately.

Would you like our help?

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