Weaver Law Injury Attorneys can guide you through the claims process when you’re injured as a pedestrian in Gainesville. It might be easy to understand why these types of accidents are so troubling for you and your family, but it’s an entirely different prospect once you actually have to face it. Our firm will be there to stand up for your rights and help you get the financial support you need to get better. Contact us today for a free consultation.
Why Would You Need a Lawyer?
You aren’t required to get a lawyer if you’re injured in a pedestrian accident in Gainesville, but that doesn’t mean you don’t need one. While some minor injuries might not require legal help, most pedestrian accidents involve serious injuries, and that’s when you’ll need support.
Our team has years of experience handling pedestrian accident cases and can help you by:
- Investigating the cause of the accident and figuring out who’s at fault
- Explaining your rights and legal options
- Helping you gather evidence and insurance details
- Negotiating with insurance companies to get a fair settlement
Handling the legal side of things on your own can be overwhelming, especially when you’re recovering from your injuries–which will probably be pretty serious in the event of a pedestrian accident. Our team manages all communication, paperwork, and legal tasks so you can focus on getting better.
What Legal Options Do You Have After a Pedestrian Accident?
The first thing you need to know after you’re injured as a pedestrian in Gainesville is that you have legal options. From there, it’s a lot like any other accident where you’re hurt. You file a claim and potentially get damages. Generally, you do this by filing:
- An insurance claim – This is a quicker option, where you file an insurance claim out of court. At the same time, it’s totally controlled by the insurance company, and their overall goal is to save money by offering you the least amount of money possible.
- A personal injury lawsuit – This takes more time and effort, as it’s a formal court process under a judge. That said, it’s also a fairer option, which means you can potentially recover more in damages.
Regardless of which option you choose, you can potentially recover financial support based on your:
- Medical expenses – This covers your hospital bills, doctor visits, medications, physical therapy, and rehabilitation costs.
- Lost income – This covers wages you’ve lost due to missing work because of your injuries, including future earnings if necessary.
- Property damage – This gives you repair or replacement costs for personal items that were damaged in the accident, such as clothing or other belongings.
- Pain and suffering – This covers costs for the pain and mental anguish you go through because of the accident.
- Emotional distress – Similarly, this relates to costs for your anxiety, stress, or PTSD resulting from the accident.
- Reduced quality of life – This covers costs associated with any loss of enjoyment in activities or relationships that were affected by the accident.
- Wrongful death expenses – This allows surviving family members to recover costs for funeral expenses, grief, and loss of financial support if the accident results in your death.
The amount of damages you get will depend on factors like how serious your injuries are and the strength of your overall evidence. Remember, you only have two years from the date of the accident to file your claim, so it’s important to act quickly. But it’s equally as important to understand who pays for your damages.
Who Pays For Your Damages After a Pedestrian Accident?
Another hugely important aspect of the legal process following a pedestrian accident is figuring out who exactly has to pay for your damages. Fortunately, the law makes this fairly simple: it falls on whoever was:
- Negligent and caused the accident.
In legal terms, this means showing that someone had a duty to act in a safe way, but failed to do so. While that might be relatively simple, the reality is that liability in a pedestrian accident isn’t always straightforward. So, it’s going to really depend on the circumstances and what happened. Most of the time, though, this liability is going to land on:
- Drivers or passengers
- Other pedestrians
- Government agencies
- Construction companies
- Vehicle or parts manufacturers
Georgia follows a comparative negligence rule, meaning if you’re partially at fault, your damages may be reduced based on your share of fault. What’s more, if you’re deemed to be more than 50% at-fault, you can’t file a claim at all.
What Usually Causes Pedestrian Accidents in Gainesville?
It’s true that pedestrian accidents can happen virtually anywhere in Gainesville, but there are certain areas–UNGA campus, Jesse Jewell Parkway–where it’s more likely that you could be struck by a car. At the same time, though, the underlying causes of these accidents usually involve things like:
- Failure to yield – Drivers who fail to yield at crosswalks or intersections, such as those near downtown Gainesville or schools, can cause accidents.
- Distracted driving – Drivers who are texting, talking on the phone, or otherwise distracted may not notice pedestrians, leading to accidents.
- Speeding – Drivers who ignore speed limits, especially in busy areas or near pedestrian zones, have less time to react to pedestrians.
- Low visibility – Pedestrians may be harder to see, especially at night or during inclement weather, increasing the risk of accidents.
- Driving under the influence – Drivers impaired by alcohol or drugs have poor judgment and slower reaction times, increasing the chance of pedestrian accidents.
- Road design – Some areas of Gainesville may have poorly designed intersections or crosswalks, making it harder for drivers to see pedestrians or for pedestrians to cross safely.
Even with these factors in mind, it’s important for pedestrians to use crosswalks and stay alert, especially in busy areas of Gainesville. While safety precautions can reduce risk, accidents can still happen and lead to serious injuries. So, you need to know what you should do in the aftermath.
How Can You Protect Your Pedestrian Accident Claim?
Whether you’re walking on a busy street or through your own neighborhood in Gainesville, you always run the risk of being involved in a pedestrian accident. While working with our team is crucial for your recovery, the actions you take right after the accident can significantly impact how you claim plays out. So then, here’s what you should do to protect your claim:
- Call 911 – Move to a safe place and call 911. This will alert the Gainesville PD and get you medical help from an ambulance.
- Get important details – Get the driver’s contact and insurance information, and give them yours. If others are involved, get their information too.
- Talk to witnesses – Ask for contact information from anyone who saw the accident. Their statements can help back up your story.
- Take photos and videos – Use your phone to take pictures of the scene, the car, your injuries, and the road.
- Be careful with what you say – When you talk to police or insurance reps, be careful. Don’t admit fault, and stick to the facts. Also, don’t post about the accident on social media.
- Save evidence – Keep records of medical treatments, bills, and any costs from the accident.
- Track how the accident affects you – Write down how the accident has changed your life, like missed work or emotional stress. Also, follow your doctor’s treatment plan to show you’re working on recovering.
Frequently Asked Questions
Is there a deadline to file a pedestrian accident claim?
Yes, you have two years from the date of the accident to file a claim in Gainesville. If you miss this deadline, you could lose your right to seek damages.
Can I be partially at-fault for my own pedestrian accident?
Unfortunately, yes. If you weren’t paying attention or for some reason darted out into the street, you could be deemed as being partially at-fault for the accident and your damages might be reduced.
Do I need to report the accident to the police?
Yes. Georgia law requires you to report any accident that causes injuries or over $500 in property damage. That said, it’s always a good idea to report any pedestrian accident to the police, no matter what, so there’s an official record of what happened.
Reach Out for Help with Your Gainesville Pedestrian Accident Claim
If you’ve been injured in a pedestrian accident, you’re likely facing serious injuries and other losses you have to deal with. However, you don’t have to go through it alone. Weaver Law Injury Attorneys and our team of experienced Gainesville pedestrian accident lawyers will be there to give you the support you need to move forward with your claim. Contact us today for a free consultation to get the process started.
