Even when they obey the relevant laws and exercise due care, pedestrians are still at extreme risk of suffering life-altering harm if a motor vehicle driver acts recklessly or carelessly around them. To make matters worse, proving another party responsible for an accident can sometimes be a much more complicated process than you might expect, especially if you try to fight your case alone.
Guidance from a knowledgeable Kennesaw pedestrian accident lawyer can be vital throughout every stage of a civil lawsuit like this. From building the strongest possible case to complying with all applicable state laws and restrictions, a seasoned personal injury attorney’s guidance could make all the difference in how efficiently your case proceeds. A compassionate professional from the Gunn Law Group is ready to get to work for you—call today to learn more.
Holding a Negligent Driver Accountable for Damages
Every licensed driver in Georgia assumes the same duty when they get behind the wheel—namely, to obey the law, watch out for nearby vehicles and obstacles, and in general, behave reasonably at all times. Any behavior that runs contrary to this duty, from a blatant traffic violation to a momentary lapse in concentration, constitutes a “breach” of this duty.
If that breach is then the primary and direct cause of an accident resulting in physical injury, that person is legally negligent. Establishing negligence is the centerpiece of virtually every successful pedestrian accident claim in Kennesaw, as a knowledgeable attorney could affirm.
A negligent driver could be held responsible to pay for every economic and non-economic loss that an injured pedestrian faces, including:
- Emergency medical bills and future care expenses
- Lost work income and/or ability to work
- Personal property damage
- Lost enjoyment of life
- Physical and psychological suffering
- Lost consortium
Although the damages associated with the accident may last for years or decades afterwards, the injured party generally must file suit no more than two years after actually sustaining harm, as per Official Code of Georgia §9-3-33.
What Impact Could Comparative Fault Have?
Another possible legal obstacle that pedestrian crash victims in Georgia should know about is the state’s modified comparative fault system. Under O.C.G.A. §51-11-7, any plaintiff who bears an equal or majority share of the total fault for their personal injury with all defendants named in their lawsuit combined is prohibited from recovering any compensation for that injury, even if partial blame still lies with one or more defendants.
Furthermore, under O.C.G.A. §51-12-33, any percentage of total fault less than 50 percent assigned to a plaintiff allows a court to proportionately reduce the value of whatever damage award they ultimately receive. A pedestrian wreck lawyer in Kennesaw could explain this system in more detail as needed and fight back against any unfair accusations of fault.
Consider Working with a Kennesaw Pedestrian Accident Attorney
Collisions between motor vehicles and pedestrians often cause catastrophic harm to the latter, even at relatively low speeds. No matter the circumstances of your specific accident, having professional legal help could be crucial to proactively pursuing financial recovery afterwards.
A conversation with a Kennesaw pedestrian accident lawyer could provide the clarity you need to effectively enforce your rights. Schedule your free consultation by calling the Gunn Law Group today.