We are always told to “share the road,” but it is far too common that pedestrians and cyclists are hit by irresponsible and careless drivers. While pedestrians must follow certain laws, so must drivers; either party can be held liable for damages depending on the circumstances surrounding the incident.
When pedestrians are hit or killed due to the negligence of the driver, a personal injury or wrongful death claim may result. Drivers are often held liable if a negligent act has harmed or killed a pedestrian. These negligent acts may include:
- Running red lights
- Driving under the influence
- Making turns without yielding
- Texting while driving (and other distracted driving)
Georgia law states that drivers must stop and remain stopped to allow pedestrians to cross when they are in a crosswalk. “Within a crosswalk” means anywhere in crosswalk on the driver’s side of the road or within one lane of entering driver’s side of the road. Drivers are expected to remain alert and use precautions when driving near pedestrians.
Compensation for Damages
When pedestrians are injured or killed by careless drivers, their families may incur financial losses and emotional trauma. These damages can be compensated for by the driver and/or their insurance company. Compensation for damages (both economical and non-economical) may cover:
- Funeral expenses
- Past and future medical expenses of the deceased
- Loss of earning potential
- Loss of companionship
- Emotional distress
- Punitive damages
Motorists should be held accountable for their mistakes; don’t ever let an insurance company try to shift fault after an accident. Kaplan & Lukowski, LLP will investigate and gather evidence regarding the liability of the driver. Our attorneys dedicate themselves to representing you during all legal proceedings.
Contact Kaplan & Lukowski, LLP
Pedestrians are protected by state laws that drivers must follow. If you have lost someone you loved due to the negligence of a driver, you deserve compensation for any financial loss, and pain and suffering endured.
Kaplan & Lukowski, LLP is Atlanta’s leading pedestrian accident legal team. Get a free consultation from our law office, call (404) 845-0012.