Author: Jay Howard
When most people think about car accidents, they think about collisions between two or more drivers. But another, often more dangerous category of accident occurs when a person is struck by a driver while walking through a crosswalk. Data from the Governor’s Highway Safety Administration showed that there were 116 pedestrian fatalities in the state of Georgia in 2019. Because of the variables involved, injuries and effects from these accidents are much more impactful to the injured party.
If you have been injured in a crosswalk accident, attorney Sami Tabbaa of Tabbaa Law is here to help. No matter how careful a pedestrian is, they are still at the mercy of negligent drivers. In these situations, serious injuries are likely to occur. And when a negligent driver is at fault, our firm will fight for your compensation.
How Is Fault Determined in a Georgia Crosswalk Accident?
When there is an accident involving a pedestrian, whether it be in a crosswalk or a sidewalk, there is usually a clear procedure for establishing fault. A vast majority of the time, the driver will be at fault when they strike a pedestrian because they are required by law to yield to pedestrians using a crosswalk.
In most cases, proving fault will require you to show that the driver was negligent in operating their vehicle when they hit you. The elements of negligence are as follows:
- Duty of Care: the driver that caused the accident has the duty to avoid causing an injury.
- Breach of Duty: the driver breached their duty of care by causing the accident.
- Causation: When the driver breached their duty, it caused the accident.
- Damages: The injuries and losses suffered (damages) were the direct results of the driver’s actions.
Every driver, when they get behind the wheel, has the legal duty to follow traffic laws and use common sense when operating their vehicle. The legal standard for common sense centers around how a “reasonable” person would operate in a similar situation.
Can a Pedestrian Be at Fault in a Car Accident?
Even though it’s unlikely, there are still instances where you, as a pedestrian, could be at fault in an accident. Some examples include:
- Not following the traffic lights/signals
- Darting or running out into the street
- Crossing the street while under the influence of alcohol or drugs
Even if found to be at fault, pedestrians in Georgia can still pursue damages because of our state’s “comparative negligence” statute. Comparative negligence means that the injured party’s recovery is limited to their percentage of fault for the accident.
Typical Injuries in a Crosswalk Accident
The nature of pedestrian accidents, with little protection available and being hit by a massive, moving vehicle, means that injuries are often very serious. Typically, injuries in these types of accidents include:
- Road burn and other skin injuries
- Broken bones and fractures
- Traumatic brain injuries
- Spinal injuries
- Bruises, scrapes, and sprains
Obviously, if you can show that the driver was at-fault for your injuries, you can pursue damages in a personal injury case. As such, it is extremely important to document your injuries and keep up with your required medical treatments and their related costs. These can all be used to substantiate your claims in your lawsuit.
Contact a Skilled Georgia Car Accident Attorney
Being injured in a pedestrian accident is a frightening experience that likely caused you serious long-term injuries. Tabbaa Law knows how damaging such an incident can be for you and your family. That’s why our Georgia car accident attorney will work diligently to get to the bottom of what happened to determine who was at fault and hold them accountable.
At Tabbaa Law, we have established a reputation for getting the best possible results for our clients. If you have been injured in a pedestrian accident, don’t hesitate to call us today at (770) 370-7881 or fill out our contact form to schedule your free consultation.Personal Injury