It is important to think about what you are going to do when there is a pedestrian accident. It is easy to get confused by the nature of the incident and all that is going to come along with it. A lot of people struggle with this and end up not getting the lawsuit to move forward in Gwinnett, Georgia.
If you are thinking about moving towards a lawsuit such as this, you will want a competent Gwinnett pedestrian accident lawyer by your side. This is where you are going to want to look at what we can do at The Herro Law Firm. We have experience managing these types of cases and will do the same for you.
When it comes to doing things the right way, you will know we are the right law firm for you. We are resourceful, passionate, and all about working on finding a solution that will work for you.
Main Causes of Pedestrian Accidents
As you are thinking about what took place during the accident, it’s important to understand the nuances of each cause and how it plays out when you are trying to find a solution moving forward. It can be confusing in a situation such as this and you are going to want to do things properly.
This includes understanding the most common causes of pedestrian accidents. These include:
- Failure to Yield Right of Way
- Driving Under the Influence
- Bad Lighting
- Distracted Driving, including Texting and Driving
Look at these details and figure out which one applies to your accident. To learn more about what you can do with this information, give our law firm a call at (404) 433-6876.
What Should You Do After a Pedestrian Accident?
After you have been in an accident, you are going to be unsure about what to do next and that is going to create a series of mistakes that could have been avoided. This is all about staying calm and making sure the right decisions are made at the most important time during the process.
The information you are going to collect here will go a long way when you are dealing with an accident.
- Ask for medical help right away.
- Keep records of your injuries.
- Call the police.
- Do not mention fault on the scene or with the other party’s insurance company.
- Reach out to your insurance company.
- Ask for professional legal assistance.
Look at these steps and make sure to follow them to a tee. You are not going to want to skip past one as this is the type of information you are going to want to have for your legal claim. The more information you have, the stronger your case is going to be.
This will make a real difference and is going to ensure things work out as you want them to. If the goal is to find out more about the process, please take the time to reach out to us at (404) 433-6876.
How Is Fault Proven in a Gwinnett Pedestrian Accident?
In order to prove fault and win your case, your Gwinnett pedestrian accident lawyer needs to prove negligence. There are four main elements to proving negligence.
Duty of Care
The first step is to focus on the duty of care. You are going to want to pinpoint what the other party’s responsibility was at the time of the accident. For example, all drivers have a duty of care to follow traffic rules and drive safely. This includes following the speed limit and obeying any road signs.
Breach of Duty of Care
Your attorney will also need to prove the defendant breached or violated the duty of care. In other words, they did not fulfill their responsibility to drive safely. A good example is a driver who was speeding or did not yield the right of way to pedestrians in a crosswalk.
Proving causation means proving that the defendant’s careless or reckless behavior was the reason for the accident. It is important for there to be a direct connection in a situation such as this.
For example, if the person was speeding, there has to be a clear situation where the accident took place due to that over-speeding.
If there was another reason (i.e. someone running into the middle of the road) then this doesn’t prove causation. It’s possible that a driver was speeding but they were not at fault because the pedestrian sprinted into the middle of a road.
It is not enough to prove the other driver caused the accident, your lawyer also needs to provide evidence of the losses or harm you suffered. This can include medical expenses, lost income from missing work, and pain and suffering. If you can’t prove you suffered damages, you won’t have a legal claim.
At The Herro Law Firm, we are here to help and will fight to ensure you get the result that you want.
How Can a Pedestrian Accident Lawyer Help My Case?
Here are some of the ways our pedestrian accident lawyers in Gwinnett can help with your case.
Your attorney will examine several documents, including police reports, medical records, and other forms of evidence. If there are any witnesses, your lawyer will interview them. Your lawyer will know where to look for evidence of fault on the defendant’s part.
Filing the Claim
When looking to file a claim following a pedestrian accident, there’s a lot of paperwork that needs to be filed correctly and on time. Failure to do this appropriately might compromise your ability to recover financial compensation. Your attorney will ensure that your claim is filed appropriately.
Pedestrian accident lawyers are experienced in negotiating with insurance companies to obtain a favorable settlement for victims. We can build a strong case on your behalf to prove why you deserve the full compensation amount.
The insurance company may sometimes be unwilling to negotiate a fair settlement. In such a situation, your lawyer will be prepared to take your case to court. Our team has secured many legal victories for clients like you.
What Types of Compensation Can I Receive?
Pedestrian accident victims may be able to recover three types of damages.
These are damages that can be calculated to an objective dollar amount. They include the following:
- Medical bills
- Lost income from time spent away from work
- Cost for rehabilitation
These are the intangible damages you suffer that cannot be assigned an exact dollar amount. Examples include:
- Pain and suffering
- Anxiety, depression, and PTSD
- Disfigurement and scarring
- Loss of enjoyment of life
The court may decide to award punitive damages when the defendant is proven to be guilty of gross negligence, willful misconduct, intentional malice, or indifference to human life. While rarely awarded, punitive damages are meant to punish the defendant and discourage others from such behavior.
What Is the a Deadline for a Pedestrian Injury Claim in Georgia?
There is going to be a time limit for filing a personal injury lawsuit after a pedestrian accident. Under Georgia’s statute of limitations, you must file your claim within two years of the time of the accident. You lose the ability to claim compensation if you miss the deadline.
This is why you have to be quick to move forward with the legal claim. Let us help you with this part of the process and know you are going to get the results that you want.
How Much Will a Gwinnett Pedestrian Accident Lawyer Cost?
Pedestrian accident lawyers in Gwinnett and throughout Georgia use a contingency fee arrangement. This means we are only going to take a fee when the case is won. This is going to ensure you don’t have to fret about any upfront fees. You pay us nothing if we don’t win compensation for you.
Call Us Today for the Best Legal Help!
Pedestrian accidents often cause severe injuries, leaving victims facing costly medical bills and a lengthy recovery. It’s not fair for you to shoulder the financial burden if a careless driver is to blame for your injuries. This is where a skilled lawyer is going to make all the difference.
At The Herro Law Firm, we have the experience and skills to help you recover the full compensation you deserve. We will investigate the accident to build a strong case, negotiate for a favorable settlement, and represent you in court if the insurance company won’t offer a fair settlement.
If you want to do things the right way, reach out to our Gwinnett law firm at (404) 433-6876. We are going to go through the various details with you and make sure to pinpoint what the right legal strategy is in a case such as this one. You are going to want a qualified lawyer to help with each step in the legal process.
Call us today to schedule a free consultation and case review.