Cohen & Sinowski are Cobb County pedestrian accident lawyers. From our office in Marietta we represent clients across the Atlanta-Metro area.
Pedestrian accidents occur far too frequently in the United States. According to data provided by the Georgia Governor’s Office of Highway Safety, more than 5,300 pedestrians were killed in accidents nationwide in 2015, with 193 of those pedestrian fatalities occurring in the state of Georgia alone. In addition, many tens of thousands more Americans suffered devastating injuries in pedestrian collisions.
There can be no question: we must do more to promote safer roadways. At Cohen & Sinowski, P.C., our experienced Marietta pedestrian accidents attorneys are committed to protecting the legal rights and financial interests of injured victims. If you or a family member was hurt or killed in a pedestrian crash in Cobb County, our legal team can help. Please do not hesitate to contact a member of our law firm today for immediate assistance with your case.
Common Pedestrian Accident Injuries
Pedestrians are inherently exposed to dangers from oncoming traffic. Even when an accident occurs at a relatively low rate of speed, a pedestrian can sustain severe injuries. At Cohen & Sinowski, P.C., our Marietta pedestrian accident lawyers have handled cases involving a wide range of different types of injuries. No matter the injuries you have sustained, we are prepared to help you fight for the full compensation that you need to get medical care and move forward with your life. Some of the most common examples of pedestrian accident injuries include:
- Deep bruises;
- Broken bones;
- Nerve damage;
- Back injuries;
- Facial injuries;
- Broken teeth;
- Internal bleeding;
- Organ damage;
- Traumatic brain injuries (TBIs);
- Spinal cord damage;
- Partial or total paralysis;
- Amputations; and
When Do Pedestrian Collisions Occur?
When crossing the street or walking in the vicinity of active traffic, pedestrians must always remain alert. A serious pedestrian accident could occur at any time and on any road. That being said, there are also certain locations and certain times that are high risk spots for pedestrian accidents. More specifically, there are three factors that are well known to raise the risk of a pedestrian accident:
- Nearly three quarters of pedestrian accidents happen in urban settings. If you are walking in a high traffic location, such as in downtown Marietta, you need to keep your guard up.
- More than half of all pedestrian collisions happen at night. This is particularly striking, as there are far fewer pedestrians and far fewer vehicles on the road at night. Yet, accidents still occur more frequently at this time. Pedestrians must be exceptionally careful when walking across or near roadways when visibility is reduced, whether it is by darkness or poor weather.
- A disproportionate number of pedestrian accident occur away from intersections. Many drivers simply do not expect to see people crossing the road away from an intersection. These drivers may allow themselves to become distracted, stealing glances at their phone or failing to watch the road. Whenever possible, Georgia pedestrians should always cross safely at intersections.
How to Establish Liability in Georgia
Georgia is a comparative fault state. In order to hold a driver legally responsible for your pedestrian accident, you will need to prove that they were negligent, and that their negligence, to some degree, contributed to your accident. Negligence is defined as the failure to take adequate care in a given situation. Put another way, you must prove that the defendant did something wrong, unlawful, or otherwise unsafe. Driver negligence comes in many different forms. Some frequently occurring examples include:
- Running red lights;
- Running stop signs;
- Failure to yield;
- Failure to stop at a crosswalk;
- Speeding or going too fast;
- Losing control of a vehicle;
- Distracted driving;
- Texting while driving;
- Talking on a cell phone while driving;
- Drunk driving; and
- Drugged driving.
Notably, as Georgia has comparative fault rules, multiple parties can share the legal liability for the same pedestrian wreck. In these cases, liability is divided proportionally to each party’s degree of blame for the crash. Indeed, a pedestrian might even share partial fault for their own accident.
For example, if a pedestrian ran into the road from behind a parked car, and it was the middle of the night, Georgia court might rule that they were somewhat to blame for the crash. When this happens, the available compensation will be reduced by the pedestrian’s level of fault. If a pedestrian was found to be at fault for 10 percent of the accident, then their settlement will also be reduced by ten percent. Sadly, the big insurance companies often try to unfairly push some of the blame for an accident onto innocent pedestrians. Do not let this happen to you; getting unfairly blamed for a collision could take thousands of dollars out of your settlement.
Compensation Available for Injured Pedestrians
Under Georgia state law, injured victims are entitled to recover financial compensation that is equal to the total value of their losses. Pedestrian accident victims may be entitled to money for direct economic losses, and for their noneconomic damages. However, a full and fair financial recovery can be extremely difficult to obtain.
Pedestrian accident claims are typically handled by large insurance carriers. These companies are notorious for denying and underpaying personal injury claims. At Cohen & Sinowski, P.C., our Marietta, GA pedestrian accident attorneys work aggressively to hold insurers accountable. Depending on the underlying circumstances of your claim, you may be able to recover compensation for:
- Ambulance fees;
- Emergency room costs;
- Long-term medical care;
- Physical therapy;
- Medical health counseling;
- Lost current and future wages;
- Pain and suffering;
- Emotional distress;
- Loss of life enjoyment; and
- The wrongful death of a family member.
Were You Injured in a Pedestrian Accident in Cobb County?
We can help. At Cohen & Sinowski, P.C., our Marietta personal injury attorneys have extensive experience handling complex pedestrian accident claims. If you or a loved one were injured in a pedestrian collision, we are here to for you.
To arrange a free, no obligation legal consultation, please call us today at (404) 351-8888. With an office in Marietta, we represent pedestrian accident victims throughout all of Cobb County, including in Acworth, Austell, Kennesaw, Powder Springs, and Smyrna.