Kennesaw Pedestrian Injury Lawyer
Pedestrian accidents in Kennesaw can have devastating consequences. With limited protection, pedestrians are at an increased risk of severe injuries or even death when involved in a crash. Whether you were crossing the street at a crosswalk or walking down the sidewalk, a careless driver can cause injuries that change your life in an instant.
At Atlanta Accident Lawyers, we understand the physical, emotional, and financial hardships that come with being hit by a car. A skilled Kennesaw pedestrian accident lawyer will fight for the compensation you deserve while you focus on your recovery.
Contact our Kennesaw car accident law firm today for a free case review!
What Compensation Can Pedestrian Accident Victims Recover?
Victims of pedestrian accidents in Kennesaw may be entitled to a wide range of compensation, depending on the severity of their injuries and other factors. Georgia law allows you to recover money for the financial losses and suffering caused by the accident.
Medical Expenses
The medical costs after a pedestrian accident can add up quickly. From emergency room visits to long-term rehabilitation, the expenses can be overwhelming. If you are injured, compensation can help cover the costs of your treatment, including surgeries, physical therapy, prescriptions, and any ongoing medical care. A Kennesaw pedestrian accident lawyer can work with your doctors to document all your medical expenses.
Lost Wages and Future Income
Injuries from pedestrian accidents often lead to missed work and, in some cases, long-term or permanent disability. You can recover money for lost income during your recovery. If you are unable to return to your job or your earning ability is reduced, you can seek damages for projected future lost income.
Pain and Suffering
Pain and suffering damages compensate for the physical pain, emotional distress, anxiety, and trauma caused by the accident. These damages can significantly increase the value of your claim, especially if the injuries are severe or long-lasting.
Punitive Damages
In cases where the driver’s actions were particularly reckless, such as driving under the influence of alcohol or drugs, punitive damages may be awarded. These damages are not intended to punish the wrongdoer and discourage similar behavior in the future. Your Kennesaw pedestrian accident attorney can help determine if punitive damages are appropriate in your case.
How Much Does a Kennesaw Pedestrian Accident Attorney Cost?
At Atlanta Accident Lawyers, we work on a contingency fee basis. This means that you do not have to pay any upfront legal fees. Instead, we only take a fee if we successfully win your case or secure a settlement. Our fees are a percentage of the compensation we recover for you, so you don’t have to worry about paying out-of-pocket for legal services.
This arrangement ensures that all victims, regardless of their financial situation, can access quality legal representation. If we don’t win, you don’t pay, so there is no financial risk to hiring a Kennesaw pedestrian accident lawyer.
How Can a Kennesaw Pedestrian Accident Lawyer Help?
A pedestrian accident lawyer can provide invaluable help during what is often a difficult and confusing time. Insurance companies may pressure you to settle quickly, often offering far less than what you’re truly entitled to. By hiring an experienced Kennesaw pedestrian accident lawyer, you gain a dedicated advocate who will fight to secure the compensation you deserve.
Building a Strong Case
The strength of your case depends on the evidence you have. Your lawyer will gather police reports, medical records, witness statements, and any available surveillance footage from nearby businesses or traffic cameras. By collecting and organizing this evidence, your lawyer will help prove liability and support your claim for compensation.
Calculating Damages
Properly calculating the damages in a pedestrian accident case is essential to ensuring you receive the full compensation you are entitled to. Beyond just your medical bills, a Kennesaw pedestrian accident lawyer will work with medical and financial experts to estimate future treatment needs, lost wages, and the overall impact of your injuries on your life.
Negotiations With Insurance Companies
Insurance companies will often try to minimize the value of your claim or delay your settlement. Your lawyer will handle all communications with the insurer, negotiating on your behalf for a fair settlement. A pedestrian accident attorney in Kennesaw knows how to deal with insurance adjusters and can advocate for your best interests.
Representation in a Trial
While many pedestrian accident claims are settled out of court, some cases require litigation. If the insurance company refuses to offer a fair settlement or if liability is disputed, your attorney will be prepared to take your case to trial. A Georgia pedestrian injury lawyer will present the evidence in your favor and argue for the full compensation you deserve.
How Long Do You Have to File a Pedestrian Accident Lawsuit in Georgia?
Under Georgia Code § 9-3-33, you typically have two years from the date of the pedestrian accident to file a personal injury lawsuit. This time limit is known as the statute of limitations, and it is strictly enforced. If you fail to file your case within this timeframe, you may lose your right to seek compensation for your injuries.
However, there are some exceptions, and it’s important to contact a Kennesaw pedestrian accident lawyer as soon as possible to ensure your case is filed on time. Additionally, evidence can disappear quickly, so acting fast can also help preserve crucial information that supports your claim.
What Should You Do If You’re Hit by a Car in Kennesaw, GA?
Being struck by a vehicle is a traumatic experience, and knowing what steps to take afterward can help protect your health, your safety, and your legal rights. In the moments following a pedestrian accident, it’s important to stay calm and take certain actions that can benefit you later, whether you plan to file an insurance claim or pursue a lawsuit.
Call 911 and Report the Crash to the Police
The first step after being hit by a car is to call 911 and report the accident. This ensures emergency services, including police and paramedics, are sent to the scene. The police report will be crucial for any future legal claims or insurance disputes.
Exchange Information and Collect Evidence
Exchange contact and insurance information with the driver. This includes their name, phone number, license plate number, insurance company, and driver’s license number. If there are any witnesses, ask for their names and contact details. Take photographs of the accident scene, including your injuries, the vehicle involved, and any relevant traffic signs, crosswalks, or signals. This evidence will play a key role in proving who was at fault in the accident.
Seek Medical Attention
Even if you feel okay, it’s important to seek medical attention. Some injuries, such as whiplash, internal bleeding, or traumatic brain injuries, may not show symptoms immediately. A medical professional can identify these issues and provide proper treatment. Make sure to follow your doctor’s instructions and keep track of all medical visits, prescriptions, and any ongoing treatments.
Contact a Pedestrian Accident Attorney
Once you’ve received medical attention, the next step is to contact a Kennesaw pedestrian accident attorney. Your attorney will guide you through the legal process and fight for the compensation you need to cover your medical bills, lost wages, pain and suffering, and more.
Common Causes of Pedestrian Accidents in Kennesaw, Georgia
Pedestrian accidents in Kennesaw can happen for a variety of reasons, but they are often the result of driver negligence. Whether a driver is distracted, speeding, or driving under the influence, these actions put pedestrians at risk of serious injury or death.
Distracted Driving
Distracted driving is one of the most common causes of pedestrian accidents in Kennesaw. Drivers who are texting, talking on the phone, eating, or using in-car entertainment systems may not notice pedestrians in crosswalks or on the road. Pedestrians in busy areas like downtown Kennesaw or near local schools are especially vulnerable to drivers who are not paying attention.
Speeding
Speeding makes it more difficult for drivers to react quickly enough to avoid a collision. Driving over the speed limit also increases the severity of accidents.
DUI/Drunk Driving
Driving under the influence of alcohol or drugs (DUI) is another leading cause of pedestrian accidents. Impaired drivers have slower reaction times, poor judgment, and diminished coordination, making them less able to avoid pedestrians or stop for red lights and stop signs.
Failure to Yield Right of Way
In Georgia, drivers are required to yield the right of way to pedestrians in marked crosswalks. When drivers don’t yield, pedestrians are at risk of being hit while attempting to cross the street safely. This is particularly common in areas like intersections or crosswalks in Kennesaw.
Backover Accidents
Backover accidents happen when drivers are reversing out of driveways or parking spaces and fail to notice pedestrians behind them. These accidents are especially common in parking lots or residential areas where visibility is limited.
Frequently Asked Questions
How Does a Kennesaw Pedestrian Accident Lawyer Prove Negligence?
To prove negligence, a Kennesaw pedestrian accident lawyer must demonstrate that the driver failed to meet the standard of care required on the road. This generally involves showing that the driver was acting carelessly or recklessly and caused the pedestrian’s injuries. The elements of negligence include:
- Duty of Care: Drivers are obligated to drive safely and avoid hitting pedestrians, especially in marked crosswalks or school zones.
- Breach of Duty: The driver’s actions, such as speeding, distracted driving, or running a red light, were careless or reckless.
- Causation: The lawyer must prove that the driver caused the accident and the pedestrian’s injuries.
- Damages: The pedestrian must have sustained measurable harm, such as physical injuries, medical expenses, lost wages, and pain and suffering.
A Kennesaw pedestrian accident attorney will gather evidence such as police reports, witness statements, and video footage to demonstrate that the driver acted negligently and should be held accountable for the victim’s damages.
How Long Does a Pedestrian Accident Settlement Take?
The timeline for settling a pedestrian accident case can vary depending on several factors. In simpler cases, where liability is clear and the injuries are not severe, a settlement may be reached in a few months. However, if the case involves serious injuries, complex liability issues, or disputes with the insurance company, the settlement process can take longer—sometimes over a year.
A Kennesaw pedestrian accident lawyer will work to resolve your case as quickly as possible, but the priority will always be to secure fair compensation.
What If I Share Fault for a Pedestrian Accident in Kennesaw, Georgia?
Under Georgia’s comparative negligence law, you can still recover compensation even if you share some of the responsibility for the pedestrian accident. However, your compensation will be reduced based on your percentage of fault. For example, if the court determines you were 30% responsible for the crash, your award will be reduced by 30%.
If you are found to be more than 50% at fault, you are not entitled to any compensation. An experienced Kennesaw pedestrian accident lawyer can protect your rights if the at-fault driver or insurance company tries to blame you unfairly.
Can I File a Wrongful Death Case If My Loved One Died in a Pedestrian Accident?
Yes, if a loved one dies as a result of a pedestrian accident in Kennesaw, certain family members can file a wrongful death lawsuit. In Georgia, the surviving spouse, children, or parents may file a wrongful death claim. This type of lawsuit seeks compensation for financial support, emotional anguish, funeral expenses, and loss of companionship.
Although no amount of money can replace the life of a loved one, a wrongful death case can provide financial relief during a difficult time and help hold the at-fault driver accountable.
Contact a Pedestrian Accident Lawyer in Kennesaw Today
If you or a loved one has been involved in a pedestrian accident in Kennesaw, it’s important to take immediate action. At Atlanta Accident Lawyers, we are committed to helping victims navigate the challenges of recovery, both physically and financially. Our team is ready to stand by your side and fight for the compensation you deserve.
Don’t wait to seek legal help. Call 864-444-2062 or contact us online for a free consultation. You pay nothing unless we win your case. Let us help you through this difficult time so you can focus on healing and moving forward.
