Pedestrian Injury Lawyers in Johns Creek
When people think about collisions, they usually think of two vehicles, but sometimes they happen between a car and a person. The state has implemented additional safety practices and laws to keep pedestrians safe. Even with these actions, pedestrian accidents still occur across Johns Creek. Many factors can lead to a pedestrian accident, and you must discuss your options with a Johns Creek pedestrian injury lawyer from Spaulding Injury Law.
Common causes of pedestrian accidents
Sometimes pedestrians are struck directly, and others happen through a secondary incident. Truck accidents are an example of a secondary incident leading to a pedestrian injury. Trucks can hit a motor vehicle that collides with a pedestrian. These cases are becoming more prevalent but are not the only ones. The other two common causes of pedestrian accidents are drunk or distanced driving.
Distractions can take a driver’s eyes off the road for an extended period leaving them unable to see pedestrians, motorcycles, vehicles, or anything else. One second can alter the course of everyone’s life. Mobile phone use is the most common distraction, but talking with passengers, tending to children, and personal grooming are also common. Alcohol and drugs will impact how a person reacts to the road and can lead to them swerving out of their lane.
Injuries will vary
Pedestrians and drivers can suffer a range of injuries after an accident. Often the pedestrian will suffer worse injuries than the driver because of the difference in protection. The pedestrian does not have any protection while the driver has a vehicle. No one is exempt from suffering injuries, and there is no guarantee that you will suffer an injury. It is a coin toss, as some people walk away unscathed. Injuries you might suffer include:
- Spinal cord trauma
- Broken bones
- Traumatic brain injury
- Internal injuries
Getting a medical evaluation is imperative since it will help uncover your injuries and help with the healing process. Another benefit is the paper trail it leaves, tying your injuries to the pedestrian accident. Your pedestrian injury lawyer in Johns Creek will use your medical documents to prove your claim and seek compensation.
Establishing liability with proof
Police reports are the basis of your pedestrian injury claim, but it is not the only evidence you will need when seeking compensation. If you file a lawsuit, you will need substantial evidence. A Johns Creek pedestrian injury lawyer will investigate the scene and find other evidence to show liability. Once we gather enough evidence, we will present it to the insurance company. The insurance company is also seeking evidence to support their viewpoint and pay you less.
Unfortunately, many Johns Creek drivers leave the accident scene when they hit a pedestrian. They often do that when there are no witnesses or the road is secluded. They rarely consider the injured victim and leave them for dead. Drivers leave the scene because they are intoxicated, want to avoid criminal prosecution, or are unaware they hit a person. If you suffer an injury, focusing on finding the driver and the legal repercussions is challenging.
The biggest hurdle is finding the driver so you can seek compensation from the appropriate insurance carrier. Establishing fault is necessary for all car accidents, and it is challenging when the driver leaves. If the driver is found, a compensation claim can become more manageable.
Sometimes the driver who hits you is uninsured, which can complicate your claim, but you still have options. Your Johns Creek pedestrian injury attorney can look for other ways to pay for your losses, like using your car insurance policy. You can also use your health insurance to cover some of your expenses. Still, it is best for a Johns Creek personal injury lawyer to review all insurance policies and determine where to seek compensation.
Types of Compensation
When seeking compensation, your Johns Creek pedestrian injury lawyer can guide you on what applies to your case and calculate your losses. You can request economic payment to cover tangible losses like medical expenses, job loss, etc. Sometimes subjective factors are considered when tabulating your economic losses. Non-economic damages are challenging to prove and calculate because they are based on subjective losses. Examples of both include:
- Medical equipment
- Lost wages
- Funeral expenses
- Pain and suffering
- Reduction in earning power
Compensation is supposed to make the person whole again, but that is not always possible. Many pedestrian injuries are catastrophic, and the payment will not help the person get better physically but can help them have a financial foundation. Conversely, when awarded, punitive damages are meant to punish the negligent driver.
Settling an insurance claim
The first legal process you can use to seek compensation is to file an insurance claim. There are different outcomes of the claim depending on the accident details. Settling insurance claims requires collecting evidence, calculating losses, reviewing future prognosis, and negotiating a settlement. The insurance company will send an offer soon after the accident, which is too low to cover your losses. Working with a pedestrian injury lawyer in Johns Creek to review an offer’s merit is beneficial.
Filing a lawsuit
You can file a lawsuit when the insurance company is unwilling to negotiate or offer a fair settlement. Depending on your injuries and losses, a lawsuit might be your best route. Civil lawsuits require extensive evidence and discovery actions. Some benefits of filing a lawsuit are getting a higher award from the court, and the defendant can pay for your legal fees. You and your Johns Creek personal injury lawyer can also recommend criminal charges and punitive damages.
Before you get to trial, the insurance company will continue negotiating, and filing a lawsuit can encourage them to offer better payment. Each avenue has pros and cons, but working with your pedestrian injury attorney in Johns Creek is best for either.
Call Spaulding Injury Law Today
Drivers should take steps to drive safely and follow the law. They must respect pedestrians on crosswalks and sidewalks. When they breach their duty, they can cause severe injuries and lifelong changes for victims. Spaulding Injury Law prioritizes helping pedestrians to seek fair compensation. Call or use our contact form to schedule a consultation today.
Speak to a Johns Creek Pedestrian Injury Lawyer today
The loss of a loved one is overwhelming and requires families to make many decisions in a short period. Reach out to a wrongful death lawyer in Johns Creek to help with the legal process so you can focus on other decisions with burying your loved one after a tragedy. You can bring a wrongful death claim for any cause, from car accidents to apartment shootings to bicycle accidents. Contact Spaulding Injury Law to get started.
Practice Areas We Serve
Brain Injury Lawyer Johns Creek GA
Johns Creek Back And Neck Injury
Johns Creek Car Accident Lawyer
Johns Creek Drunk Driving Accident
Johns Creek MARTA Accident
Johns Creek Motorcycle Accident
Johns Creek Pedestrian Injury Lawyer
Johns Creek Personal Injury
Johns Creek Truck Accidents
Johns Creek Uber & Lyft Accident
Johns Creek Wrongful Death Lawyer
WE ARE CONVENIENTLY LOCATED NEAR JOHNS CREEK
If you or a loved one find yourselves injured while walking on a crosswalk, sidewalk or in a parking lot, we are conveniently located near Johns Creek:
Spaulding Injury Law: Alpharetta Personal Injury Lawyers
44 Milton Ave #132
Alpharetta, GA 30009