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Carrollton Pedestrian Accident Lawyer

Were you injured by a motor vehicle while on the side of the road?  Worse, did you lose a loved one in an accident involving a car or truck?  Our Carrollton pedestrian accident lawyers are experienced with these types of cases and could help you take legal action against the at-fault party. Our job as personal injury attorneys is to make sure that you move forward.

Determining the Cause a Pedestrian Accident

Crucial to pedestrian accident cases is the initial investigation into possible contributing causes of the accident. Was the road adequately striped? Did the accident occur on a blind hill? Was the driver of the vehicle distracted with texting or playing with something inside their car when the accident occurred?  What time of day did the accident occur? A proper investigation could help address these unresolved questions, and our Carrollton pedestrian accident lawyers could work to get these answers.

The Duties of Motorists in Carrollton

Getting behind the wheel of a car places a driver into a social contract. In exchange for the right to use public roads, these drivers must take care not to cause any undue harm to other parties. This duty extends to everyone on the road, including pedestrians.

Many laws exist for the specific benefit of these individuals. For instance, drivers must yield to pedestrians who are crossing the street at an intersection. In more general terms, drivers have a duty to keep their attention on the road to prevent collisions. A Carrollton attorney could provide more information about how a failure to uphold these duties could make a motorist liable for a pedestrian accident.

What is Comparative Negligence?

The mere fact that a collision involves a car and a pedestrian does not automatically place blame for the incident on the driver. Most civil claims place the burden on an injured plaintiff to prove defendant fault. In addition, defendants can allege that an injured party did not take sufficient steps to prevent the collision.

According to Official Code of Georgia Annotated §51-11-7, defendants can argue that a plaintiff’s failure to exercise ordinary care led to their injuries. If a court determines that a pedestrian is 50 percent or more to blame for their accident, then they may not be able to recover any compensation. Additionally, a court may reduce a claimant’s award by their percentage of fault if they do not meet the 50 percent threshold. Comparative fault may apply to these cases if a pedestrian was not crossing in a crosswalk at the time of the collision.

What is the Statute of Limitations for a Pedestrian Accident Case?

Under O.C.G.A. §9-3-33, the statute of limitations for these cases is two years from the date of injury. Even if a person is still seeking medical care or feeling the effects of the collision, they must act to demand payments within this time frame. If a potential claimant fails to meet this statutory deadline, a court may dismiss their case. A Carrollton attorney could help an injured pedestrian meet these legal deadlines following their accident.

Contacting a Carrollton Pedestrian Accident Attorney

If you were hit by a motor vehicle, you should contact our Carrollton pedestrian accident lawyer as soon as possible. Our dedicated attorneys know how to build these cases and handle any potential legal challenges that may arise. To get started on your case, call today.