When a pedestrian is struck by a car, the resulting harm could be devastating. Because these individuals have little protection from the impact of a motor vehicle, the resulting injuries could be permanent, if not fatal.
Fortunately, people hit by cars have the right to seek legal recourse. With the help of a dedicated personal injury attorney, these individuals could recover monetary damages from the reckless driver.
If a reckless motorist hits you with their car, the potential for monetary damages could be significant. By working closely with a Gainesville pedestrian accident lawyer, you could obtain compensation for your injuries through a settlement or a trial verdict.
Recognizing the risks that pedestrians face near roadways, the state legislature has adopted specific protections for anyone traveling on foot. These laws require drivers to actively avoid colliding with pedestrians and create a substantial duty for each driver to keep a careful watch.
According to Official Code of Georgia Annotated §40-6-93, motorists must take active measures to avoid individuals while driving. When a driver fails to uphold this duty, they could face liability through a civil suit.
Breaching this duty of care could happen in a variety of ways. For example, drivers that are speeding or under the influence of alcohol may be more likely to collide with someone. Additionally, motorists distracted by their phones could unknowingly hit a person with their car.
One of the most important laws protecting pedestrians relates to their rights at a crosswalk. According to O.C.G.A §40-6-91, drivers must yield to pedestrians in or about to enter a roadway at a crosswalk. In addition to civil liability, a driver that strikes someone in a crosswalk also could face criminal charges.
It should be noted that there are some restrictions for pedestrians as well. The statute prevents people from suddenly stepping into the path of an oncoming vehicle, and giving a motorist a limited amount of time to stop and avoid hitting them.
When a driver violates their duty, serious injuries can occur. A Gainesville attorney could assist a pedestrian injured in an accident seek compensation from the driver that caused the crash.
While state law primarily protects pedestrians, they also are expected to avoid placing themselves in unnecessary harm. If an individual fails to uphold their duties, they could be partially at fault for an accident, impacting their ability to recover compensation.
Under state law, a plaintiff may not seek compensation when they are 50 percent or more at fault for the accident. If a jury finds a pedestrian’s degree of fault is less than 50 percent, they could recover monetary damages. However, a court may reduce the damage award by the injured person’s percentage of fault. A Gainsville lawyer could review a pedestrian accident case and determine if an injured party may be partially to blame for their injuries.
One of the primary benefits of hiring a Gainesville pedestrian accident lawyer is their depth of knowledge. The experience of handling similar cases in the past could provide your attorney with the insight needed to prevail in your case.
A well-practiced attorney could carefully review your case to determine your eligibility for financial compensation. Call today to set up your free consultation.