Embraced And Celebrated By Gwinnett’s Local Community
Helping The Injured Protect Their Rights
When it comes to traffic accidents, you are never more vulnerable to serious injuries than when you are walking, and pedestrian accidents are far too common. As a pedestrian, you have no buffer to protect you from the impact of an accident, and all too often, motorists fail to pay adequate attention to your walking and take the necessary precautions to help ensure your safe passage.
Pedestrian accidents are often very serious, which makes working closely with an experienced pedestrian accident lawyer from Spaulding Injury Law in your best interests if you are in the Suwanee area.
Voted Among the Best Personal Injury Firms in Gwinnett County 6 Years in a Row
Why Choose Us?
- Voted Among the Best Personal Injury Firms in Gwinnett County 6 Years in a Row by Gwinnett Magazine.
- Founder and lead trial attorney, Theodore Spaulding, and the entire team at Spaulding Injury law provide the utmost in customer service to and relentless effort for each of their clients which is why Mr. Spaulding and his team are considered among the best lawyers in Gwinnett County.
- As one of the top law firms in the area, we provide honest and aggressive legal representation and work to get you the maximum amount of compensation.
- Our award-winning law firm does not charge you for our legal services unless you are awarded compensation.
- A Lawrenceville GA personal injury attorney from our team reviews your case during a free consultation and then provides you with sound legal advice
How Can We Help?
Our pedestrian accident attorneys in Suwanee handle a wide range of tasks that protect your rights to rightful compensation, including:
- Communicating with the insurance company to shield you from any strong-arm tactics
- Building your strongest claim
- Helping you understand your rights, make well-informed decisions along the way, and successfully navigate the legal process while avoiding the common pitfalls
- Skillfully negotiating with the insurance company for a fair settlement that covers your losses in their entirety
- Being well-prepared to take the matter to court if the insurance company decides to make things difficult
We do what it takes to fight for the full compensation you deserve. Seek a free case evaluation to learn how we can help you today.
Considering the Insurance Company
The insurance companies that handle pedestrian accident claims are paid to do so, but their focus is always their bottom line, which motivates them to limit settlements by whatever means possible. Common tactics to be on the lookout for include:
- Insurance companies sometimes make early settlement offers in attempts to entice desperate claimants to accept less than the amounts to which they’re entitled and that they need to recover.
- Some insurance companies are not above dragging out the claims process or making it even more complicated than it needs to be – hoping to scare off reticent claimants.
- Insurance companies often try to shut things down before they even get started by denying viable claims outright and hoping the claimants will give up in response.
- It’s not unusual for insurance companies to deny the extent of a claimant’s legal damages or to deny their policyholder’s fault in the matter.
Evidence Gathering
The strongest pedestrian accident claims include strong evidence, which can take all the following forms:
- Photos, videos, and dashcam footage captured at the scene of the accident
- The testimony of those who witnessed the pedestrian accident
- The police report
- The injured pedestrian’s pertinent medical records and their doctor’s report
- Accident recreation models that capture the circumstances of the accident
- Expert witnesses
- Physical evidence collected at the scene of the accident
Pedestrian Accident Statistics
The National Highway Traffic Safety Administration’s (NHTSA’s) most recent ranking of state pedestrian fatality rates puts Georgia in the top 10. In fact, its 279 pedestrian fatalities make the state the eighth most dangerous. Georgia averages 2.61 pedestrian deaths per 100,000 population, while the national average is 1.98, and more than 30 states remain well below an average of 2.00.
According to the Centers for Disease Control and Prevention (CDC), all the following statistics apply to pedestrian accidents in this country:
- There were more than 7,000 pedestrian accident fatalities.
- A pedestrian dies every 75 minutes in the United States.
- Out of all the traffic fatalities, one in six were pedestrians.
- Pedestrian accidents led to 104,000 emergency room visits.
With these numbers, it is clear that a pedestrian accident can happen to anyone, and you should know where to turn if you suffer injuries.
The Legal Elements of Pedestrian Accident Claims
In order to bring a successful pedestrian accident claim, there are four specific elements that must be present and accounted for, including:
- The motorist in question must have owed you a duty of care – or had a responsibility to your safety. In pedestrian claims, this is generally true unless the pedestrian dashed into traffic out of nowhere and without warning.
- The motorist in question breached this duty of care, which means they engaged in some form of negligence that was not in keeping with their responsibility to your safety. For example, when a speeding motorist runs a red light and, in the process, plows into a crosswalk full of pedestrians, the motorist fails to live up to the duty of care owed to you.
- The motorist’s breached duty of care was the direct cause of your pedestrian accident and injuries.
- You suffered damages that are eligible for compensation under the law due to your injuries.
Driver Negligence
Every form of driver negligence is especially dangerous to pedestrians, but some play a pivotal role in pedestrian accident statistics.
Impairment
The CDC shares that alcohol played a role in almost half of all pedestrian fatalities in a recent year. Drunk drivers experience dangerous deficits related to staying in their lanes, controlling their vehicles, focusing on multiple tasks simultaneously, and more – all of which put pedestrians at increased risk.
Speed
The CDC also cites excess speed as playing an outsize role in pedestrian accidents. The faster the driver’s speed, the greater the likelihood that a pedestrian will be struck in the first place and the more severe their injuries are likely to be.
Distraction
Distracted drivers, such as those who are engrossed by their phones – fail to pay attention to what is happening on the road around them, and pedestrians often get lost in the shuffle. When traffic and pedestrians converge, drivers are responsible for employing a strict duty of care that takes the immense vulnerability of pedestrians into careful consideration.
Exhaustion
Drowsy drivers are less-alert drivers who suffer some of the same impairments that drunk drivers do. In order to safely accommodate pedestrians, motorists need to be on top of their game – not drifting in and out of wakefulness.
Pedestrian Laws in Georgia
Every state has its own laws when it comes to the safety of pedestrians, and Georgia’s include the following:
- Motorists are required to yield the right of way – by stopping and remaining stopped – to pedestrians in marked crosswalks whenever the pedestrians are on – or are approaching – the same side of the road as the motorists.
- Motorists are always required to yield the right of way to a blind pedestrian who is using either a white walking stick or who is accompanied by a guide dog.
- Pedestrians always have the right of way on sidewalks, which means that motorists must yield when they pull in or back out across these walkways.
Although there are also laws that determine a pedestrian’s legal responsibilities, motorists need to keep in mind that they have a responsibility to the safety of everyone on the road, and this includes exercising caution when driving near people walking. In other words, if a motorist can avoid harming a pedestrian, they must do so.
Associated Damages
The damages you might suffer in a pedestrian accident can be immense, and they can generally be classified into several basic categories.
Medical Expenses
A pedestrian who is injured by a motorist stands almost no chance of walking away unscathed, and their associated medical costs are likely to be ongoing. To begin, you likely needed immediate medical treatment for the injuries you sustained. Further, serious injuries often lead to secondary health concerns and complications that require future and ongoing medical interventions. Some of the most common medical expenses include:
- Emergency treatment and transportation
- Surgery and follow-up care
- Treatment and care in the hospital
- Prescription medications
- Pain management
- Medical tests, treatments, and procedures
- Appointments with doctors and specialists
- Physical therapy
- Occupational therapy
- Rehabilitation
- Adaptive physical devices
Lost Income
A pedestrian accident can require you to rest for a considerable amount of time, and during this time, you might expect decreased earnings. When the injuries are serious, it can lead to a diminished ability to earn over time. Career setbacks such as these often come with emotional consequences that only serve to exacerbate the financial consequences.
Pain and Suffering
The emotional pain and suffering you can endure as a result of a driver’s negligence can be difficult to overstate – and you deserve compensation for these non-economic losses in addition to economic damages. Common emotional effects include:
- Physical pain that might require debilitating pain medication
- Emotional distress due to the pain and limitations of your injuries
- Loss of enjoyment of life
- Post-traumatic stress disorder (PTSD) from the trauma of the accident
- Permanent disabilities, impairments, or disfigurement
An important task that our pedestrian accident lawyers in Suwanee ably take on is ensuring that your complete range of losses – or legal damages – is well accounted for. We seek full compensation for both your tangible and intangible losses.
Reach Out for the Help You Need from an Experienced Suwanee Pedestrian Accident Lawyer
The skilled Suwanee pedestrian accident attorneys at Spaulding Injury Law focus their imposing practice on fiercely defending the legal rights of their valued clients, and we welcome all inquiries. Pedestrian accidents are often quite serious, and just compensation can significantly improve a claimant’s ability to fully regain their health and well-being. Learn more by contacting us online or calling today.
Visit Our Pedestrian Accident Office in Suwanee
We help victims inside the Gwinnett County Area and our firm is conveniently located near Suwanee. We have an office in Lawrenceville at 223 Scenic Hwy S #202 Lawrenceville, GA