Atlanta’s Premier Pedestrian Accident Attorney for Serious Injuries & Wrongful Death
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Not all accidents involve two vehicles. Unfortunately, when you are a pedestrian, the injuries can be far worse, even though you are not on the road. Without the protection of a vehicle, minor injuries can become severe, and unfortunately, severe injuries can result in death.
It is reported that crashes involving pedestrians are on the rise, meaning that victims need to choose the right attorney to best represent their interests.
What is a Pedestrian Injury Accident in Georgia?
Crashes that injure or even kill pedestrians are almost always preventable. The vast majority occur because the driver in the situation failed to use reasonable care in operating their vehicle safely. This type of negligence kills 17 people per day in the U.S. Atlanta ranks among the top 10 most perilous places for pedestrians nationally, according to pedestrian safety advocates and researchers at Smart Growth America.
Georgia has a pedestrian fatality rate of 2.5 deaths per 100,000 people, well above the national average. An experienced personal injury attorney will be able to review the facts of your Georgia pedestrian accident injury case and fight for your fair and just compensation to amend the damages incurred.
Further Reading: Understanding Proximate Cause in Negligence & Personal Injury
Proving Negligence & Liability in Georgia Pedestrian Accident Injury Cases
In order to establish negligence, you will need to establish that:
- A duty of care existed, and the defendant owed you a level of responsibility.
- The defendant breached the duty of care and responsibility.
- That breach directly caused your injuries.
- You suffered damages that resulted from the breach of care.
Who Can Be Held Liable for Pedestrian Injuries in Georgia?
The most obvious answer for liability will be the driver of the vehicle that struck the pedestrian. However, there are numerous scenarios in which third-party defendants may also find themselves legally responsible for a pedestrian accident.
As Atlanta injury lawyers can explain, civil claims and litigation for crash injuries aren’t limited to a single defendant, and sometimes those injured in these crashes may claim damages from more than one defendant.
Some examples of those who may be held liable include:
- Employer of the driver. Under the doctrine of respondeat superior (Latin for “let the master answer”), an employer is responsible for the negligent conduct of an employee who was acting in the course and scope of employment. This crops up a lot in cases involving truck drivers (though many carriers nowadays insist their drivers are independent contractors). There is also the possibility that an employer may be not just vicariously negligent but directly negligent if, for instance, the company failed to properly vet its employees or required workers to be in constant contact via their smartphones, even while driving.
- Vehicle owner or family member. Owners of vehicles can be liable for a crash even if they weren’t the one driving. There’s the family purpose doctrine, which, as noted in 2007 by the Georgia Court of Appeals in Hicks v. Newman, imposes liability for the negligence of an immediate family member using the vehicle for a family purpose when a vehicle is maintained by the owner for the use and convenience of his/her family. Vehicle owners can also be held liable when they give permission for others to use their car (permissive use doctrine), and when they negligently entrust the vehicle to another, knowing they may be a danger on the road (negligent entrustment). They could even assume liability in some cases if they fail to take steps to prevent reasonably foreseeable theft, as the Georgia Court of Appeals established in the 1958 case of Roach v. Dozier.
- Bar, Restaurant, Nightclub Owner, Social Host. If an alcohol vendor or social host serves drinks to a person who is either underage or visibly intoxicated, knowing that person is likely to drive from that location, that person/business could be held liable for a single-vehicle crash under Georgia’s dram shop law.
These are just a few examples of cases where a third-party besides the driver could be liable for your crash injuries for a pedestrian accident. There may well be others, like auto part manufacturers (defective parts), cities/municipalities (negligent road maintenance), and the pedestrian’s own uninsured/underinsured motorist policy (which can kick in for pedestrians even though they weren’t driving at the time they were hurt).
An injury lawyer can advise you one-on-one of your legal options based on the unique circumstances of your case. Do not hesitate to reach out for a consultation with the attorneys at Apolinsky & Associates, LLC.
Compensation and Damages Recoverable in Georgia Pedestrian Accident Cases
Serious injuries can and do occur in pedestrian accidents. You may need extensive medical care, or even long-term care after an accident. Fortunately, you may be able to recover some of those losses, including:
- Medical expenses, including emergency care and ongoing treatments.
- Lost wages.
- Reduced or loss of earning capacity.
- Long-term disability.
- Property damage.
- Pain and suffering, including emotional injuries.
- Diminished quality of life.
If you or a loved one has been badly injured due to a driver’s negligence and would like to discuss what possible damages you could recover, contact Apolinsky & Associates, LLC, for a case evaluation.
Further Reading: What is Pain and Suffering and How Is Compensation Value Calculated?
