Weaver Law Injury Attorneys helps people when they’re injured in an accident in Cumming. There’s a lot of different kinds of accidents you could be in, even if you’re simply walking around the city. As a pedestrian, you always have to stay alert and aware of your surroundings, but even that sometimes isn’t enough. Our Cumming personal injury lawyers will be there to help you through the claims process. Contact us today for a free consultation.
Should You Get a Lawyer?
You might just be walking across Market Place Boulevard or heading to a nearby restaurant off GA-400–most people don’t expect to get hit by a car while walking. But when a pedestrian accident happens, the injuries can be life-changing. With no protection from a moving vehicle, the risks are serious.
On top of the physical and emotional strain, there’s the legal process–something most people aren’t prepared for. While you’re not required to have a lawyer in Georgia, having one can make the process much smoother and more effective. Our team at Weaver Law Injury Attorneys can:
- Talk you through what happened and explain your options in plain terms.
- Investigate, gather evidence, and deal with the insurance company, so you don’t have to.
- Stand up for your rights, push back against lowball offers, and aim to get you what you need to get better.
While you focus on healing, we handle the legal side from start to finish. Every accident is different, but if you’ve been hurt as a pedestrian in Cumming, you have legal options.
What Legal Options Do You Have After a Pedestrian Accident?
After a pedestrian accident, you have a couple of ways to get financial support for your injuries and losses. Your options are usually:
- Filing an insurance claim
- Filing a personal injury lawsuit
An insurance claim happens outside of court, so it’s much quicker. The tradeoff, though, is that it’s totally controlled by the insurance company. They get to decide how much to offer you in a settlement, and their overall goal is to save money by offering you as little as possible–no matter how strong your claim is.
A lawsuit, on the other hand, takes much more time and effort, but it’s a fairer process because it’s a formal court action overseen by a judge. Still, the point of either option is to recover your “damages” from the accident, which include things like:
- Medical expenses and ongoing care needs
- Lost wages or a loss of earning potential
- Repair/replacement costs for damaged property, like your glasses or phone
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses, if your accident is fatal
Keep in mind, Georgia gives you two years from the date of the accident to file a personal injury claim. Acting sooner helps protect your rights–and the quality of your evidence.
Who’s Legally Responsible After a Pedestrian Accident?
When you’re injured as a pedestrian, one of your first questions will probably be simple: Who’s at fault? In legal terms, fault is known as “liability” and it’s a key part of the entire process because the person (or people) responsible are typically the ones who have to pay for your damages.
In most cases, liability is based on negligence–basically, someone not doing what they were supposed to do to keep you and others safe. That could include:
- The driver who hit you
- Another driver who caused a chain-reaction crash
- A motorcyclist or bicyclist
- Another pedestrian
- A construction company (if a site was left unsafe)
- The city or county (if the road was poorly maintained)
- A vehicle or parts maker (in case of a defect)
While drivers are most often at fault, other issues like bad road conditions–or even your own actions—can come into play. For example, if you were jaywalking or crossed outside of a crosswalk, you could share some of the blame. But in Georgia, you can still file a claim even if you were partly at fault–as long as you were less than 50% responsible.
What Causes Pedestrian Accidents in Cumming?
While pedestrian accidents are more common in higher traffic areas of Cumming like Veterans Memorial Boulevard, Canton Highway, and near shopping centers along Market Place Boulevard, many share similar causes–especially when negligence is involved. Looking deeper can help if you’re hurt in one, and it’ll make it easier to figure out liability. With that, many pedestrian accidents in the city are caused by:
- Distracted driving – Drivers who are texting, checking GPS, or not paying attention may not see someone crossing the road.
- Failure to yield – Some drivers don’t stop for pedestrians at crosswalks or intersections as required by law.
- Speeding – The faster someone drives, the harder it is to react in time to avoid a crash.
- Poor visibility – Nighttime or bad weather makes it harder for drivers to spot pedestrians, especially if roads aren’t well lit.
- Impaired driving – Alcohol or drug use slows reaction times and affects judgment.
- Unsafe road design – Missing sidewalks, poorly marked crossings, or limited lighting can all create dangerous conditions.
No matter what the cause is, your next steps after an accident matter. Once you’re safe and stable, you need to take the right steps to get the evidence and information you’re going to need for a strong claim.
What Do I Need to Do After I’m in a Pedestrian Accident?
Getting hit by a car–even at lower speeds–can cause serious injuries. Since pedestrians have no protection in these types of accidents, it’s crucial to know what to do if it happens to you:
- Call 911 – Always call 911 and request medical help, even if your injuries don’t seem severe at first. Some injuries take time to show symptoms. EMTs can look you over at the scene, and 911 will also dispatch the local police to the scene.
- Get medical attention – If EMTs recommend going to the hospital, follow their advice. Medical records also help support your case later on.
- Exchange information – Do what you can to get the driver’s name, contact details, and insurance info. If there are other parties involved, collect their information too. If the driver doesn’t stop, try to remember everything you can about their vehicle to help police track them down.
- Get visual evidence – Document the accident scene, your injuries, and any visible damage by using your phone to take pictures and videos. This will be important evidence in your claim, because it shows what happened.
- Don’t admit fault – It’s natural to say “sorry” after a stressful event, but even casual comments can be used against you later. Don’t admit fault and just stick to the facts when talking to police, the other people involved, and especially an insurance rep.
Again, you’re probably looking at fairly serious injuries in these types of accidents, so taking these steps might be difficult–or even impossible in some cases. Still, you need to do what you can to get evidence and information to strengthen your claim. And remember, you can also reach out to our experienced team for guidance and support.
Frequently Asked Questions
Can I still file a claim if I’m hit in a parking lot?
Yes. No matter where you are, you have the right of way as a pedestrian, even in a parking lot. While you always need to be aware, if a person hits you while driving through a parking lot, you can file a claim against them.
Should I report the accident to the police?
Yes. In fact, if there are any injuries or damage exceeding $500, Georgia law requires that you report the accident to the police. Even if your accident is minor, it’s always a good idea to call the police and file a report. This creates an official record that can help with your claim later on.
How long do I have to file a claim after my accident?
In Georgia, you have two years from the date of the accident to file a claim for a pedestrian accident. This is the statute of limitations for personal injury claims in Cumming and throughout the state of Georgia.
Free Consultations for Cumming Pedestrian Accident Victims
Being involved in a pedestrian accident in Cumming can be overwhelming, especially when facing injuries and damages on your own. At Weaver Law Injury Attorneys, we understand how tough this time can be, and we’re here to help. Our experienced Cumming pedestrian accident lawyers will guide you through the process, explain your legal options, and provide the support you need. Contact us today to schedule your free consultation.
