Unlike vehicle occupants, pedestrians do not benefit from seatbelts, airbags, or steel car frames in the event of an accident. This means they are especially vulnerable to severe, even fatal, injuries. While all states have laws on the books that specify pedestrians’ rights and attempt to reduce injuries and fatalities, pedestrian accidents are still an all-too-common tragedy. The Centers for Disease Control and Prevention (CDC) recently reported that a pedestrian fatality occurs somewhere in the United States every 75 minutes. Additionally, pedestrians are 150 percent more likely (on a per-trip basis) than vehicle occupants to be killed in a traffic collision. Unfortunately, Georgia is no exception to this alarming reality. Another recent study of pedestrian safety by Smart Growth America ranked Georgia nationally as the 9th most dangerous state for pedestrians. But if you’ve been injured because of a careless or otherwise negligent driver in Georgia, you should know that you could be entitled to significant compensation for your losses. At Butler Kahn, we’re committed to helping people in your position get the money and justice they deserve. Contact us today for a free consultation with a Roswell, GA, pedestrian accident lawyer and find out what we can do for you.
If you or a loved one was struck by a vehicle in Roswell, Georgia, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. Pedestrian accidents often cause severe injuries because people on foot have no protection against the force of a moving vehicle. The Roswell personal injury law firm of Butler Kahn represents families throughout North Fulton County who have been seriously hurt in pedestrian collisions caused by negligent drivers. Contact us at (770) 766-1056 for a free consultation.
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What Are the Most Common Causes of Pedestrian Accidents in Roswell, GA?
Most pedestrian accidents are caused by some form of driver negligence. Pedestrian collisions frequently result in traumatic brain injuries, spinal cord damage, and other catastrophic harm because the human body cannot withstand the impact of a multi-ton vehicle. Common contributing factors in Roswell pedestrian accidents include:
Distracted driving – When drivers are absorbed in cellphones or other distractions, they are more likely to overlook nearby pedestrians and cause devastating collisions. Georgia’s Hands-Free Law prohibits holding a phone while driving, yet distracted driving remains a leading cause of pedestrian crashes along busy corridors like Alpharetta Highway and Holcomb Bridge Road.
Driver impairment – Drivers who are intoxicated or severely tired tend to struggle with depth perception, reaction time, and good judgment, all of which are essential for safe driving around pedestrians. Drunk driving accidents frequently cause catastrophic pedestrian injuries.
Speeding – When drivers exceed posted speed limits or drive too fast for conditions, they have less room for error and are more likely to cause high-speed collisions with catastrophic results. Research shows that pedestrian fatality risk increases dramatically at speeds above 30 mph.
Failure to yield – Drivers and pedestrians must yield the right of way to one another in certain circumstances. When drivers fail to yield to pedestrians on marked or unmarked crosswalks, the results can be devastating for those on foot.
Driving errors – Common driving errors such as disobeying traffic signals, failing to signal before turning, and going the wrong way down a one-way street can all contribute to serious pedestrian collisions.
Pedestrian accidents along GA 400, Canton Street, and near shopping centers like Roswell Town Center often involve drivers who are rushing, distracted, or unfamiliar with the area. These collisions can cause permanent disabilities that affect every aspect of a victim’s life.
Can Pedestrian Accidents Be Prevented?
While some pedestrian collisions are genuine accidents, many others are entirely preventable. They are often caused by a combination of urban design that favors vehicle traffic over foot traffic and negligence on the part of motorists. Drivers can do their part in preventing pedestrian accidents by practicing safe driving behaviors, including:
Never speeding
Slowing down when pedestrians are present
Yielding the right of way to pedestrians in designated crosswalks
Making eye contact with pedestrians to let them know they’re seen
Following all posted traffic signs
Never getting behind the wheel while intoxicated
Never texting while driving
Moreover, those who have been hurt in pedestrian accidents can help make our roads safer by holding negligent motorists responsible for the collisions and injuries they’ve caused. When drivers face real consequences for careless behavior, it creates an incentive for safer driving throughout the community.
What Should I Do If I Am Hit?
If you’ve been hit by a negligent motorist in Roswell, GA, you could be left with painful, life-altering injuries. Your top priority should be to seek prompt medical care as soon as possible. Some injuries, particularly head and brain injuries, may not show obvious symptoms immediately but can become serious if left untreated. Once you’ve received medical attention, you can protect your legal rights by taking the following steps:
Exchange contact information with the driver
Gather evidence from the scene by taking photographs and collecting witness statements
Write down everything you remember about the accident as soon as you can while your memory is still fresh
Keep medical bills, expense receipts, pay stubs, and other documentation of your crash-related expenses in a single, organized file
Avoid discussing the accident with others or posting about it online without first speaking with a knowledgeable attorney
Do not give a recorded statement to any insurance company before consulting with a lawyer
How Soon After My Pedestrian Accident Should I Contact a Lawyer?
If you wish to file a personal injury lawsuit after a pedestrian accident in Roswell, GA, state law gives you two years from the date of the accident to do so under O.C.G.A. § 9-3-33. However, it is in your best interest to contact a lawyer immediately. Waiting can make collecting evidence and building your case much more difficult because surveillance footage gets deleted, witness memories fade, and physical evidence disappears.
Pedestrian accidents often result in severe injuries and extensive losses, making matters complicated and time-consuming. When you’re still healing from severe trauma, the last thing you need is the added stress of trying to collect evidence, build your case, and get a fair deal out of the insurance company. The Roswell, GA pedestrian accident lawyers of Butler Kahn have the knowledge and resources to handle every aspect of your claim. The sooner we get started, the more time we will have to investigate the incident and negotiate with insurers.
Many pedestrian accident cases involve catastrophic injuries, expensive medical bills, and considerable related expenses. Pedestrian collisions frequently cause traumatic brain injuries, spinal cord damage, multiple fractures, and internal organ injuries that require extensive medical treatment and long-term rehabilitation. As a result, the value of a given pedestrian accident claim can be significant. Depending upon the circumstances, you could be entitled to compensation for:
Accident-related medical expenses, including the cost of surgeries and other procedures, ambulance rides, hospital stays, doctor’s visits, and prescription medications
Future medical care, including rehabilitation, physical therapy, and ongoing treatment for permanent injuries
Out-of-pocket costs, such as mileage expenses for medical appointments
Lost wages from missed hours or days at work
The projected loss in your future earning capacity if your injuries prevent you from returning to your previous occupation
The intangible cost of the pain and suffering you endured due to the crash
Loss of enjoyment of life and diminished quality of life
Disfigurement and permanent scarring
In cases involving gross negligence, such as drunk driving, you may also be entitled to punitive damages designed to punish the at-fault driver and deter similar conduct. View our case results to see examples of compensation we have recovered for injury victims.
How Is Fault Proven in a Roswell Pedestrian Accident?
Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33, which means you can recover compensation as long as you are less than 50% at fault for the accident. However, your recovery will be reduced by your percentage of fault. Insurance companies often try to shift blame onto pedestrians, claiming they were jaywalking or not paying attention.
Proving fault in a pedestrian accident typically requires gathering and preserving evidence such as:
Police accident reports documenting the officer’s observations and any citations issued
Surveillance footage from nearby businesses or traffic cameras
Witness statements from people who saw the collision
Photographs of the accident scene, vehicle damage, and your injuries
Cell phone records that may show the driver was texting at the time of the crash
Expert accident reconstruction testimony
Medical records linking your injuries to the pedestrian collision
Butler Kahn conducts thorough investigations to identify all evidence that supports your claim and counters any attempts by insurance companies to blame you for the accident.
Common Injuries from Pedestrian Accidents
Pedestrian accidents frequently cause severe and life-changing injuries because people on foot have no protection against vehicles. Common injuries include:
Traumatic brain injuries (TBI) – Even a “minor” concussion can cause lasting cognitive problems, while severe TBIs can result in permanent disability. Learn more about brain injury claims in Roswell.
Spinal cord injuries – Damage to the spinal cord can cause partial or complete paralysis, requiring lifelong medical care and assistance.
Broken bones and fractures – Pedestrians commonly suffer multiple fractures to legs, arms, hips, and pelvis when struck by vehicles.
Internal organ damage – The force of impact can cause internal bleeding and damage to organs that may not be immediately apparent.
Soft tissue injuries – Torn ligaments, tendons, and muscles can cause chronic pain and limit mobility.
Psychological trauma – Survivors often experience PTSD, anxiety, and depression following a serious pedestrian accident.
If a pedestrian accident causes the death of a loved one, surviving family members may be entitled to pursue a wrongful death claim to recover compensation for funeral expenses, loss of financial support, and loss of companionship.
Areas We Serve in North Fulton County
Butler Kahn’s Roswell office represents pedestrian accident victims throughout North Fulton County and surrounding communities, including:
Roswell – Including Historic Roswell, Canton Street, Horseshoe Bend, Edenwilde, Willow Springs, and areas near Roswell Area Park and East Roswell Park
Alpharetta – Including Downtown Alpharetta, Windward, and the North Point Mall area
Johns Creek – Including Ocee, Newtown, and Johns Creek Town Center
Milton – Including Crabapple, Birmingham, and areas along GA 400
Mountain Park
Sandy Springs – Including Perimeter Center and areas near the Chattahoochee River
We handle pedestrian accident cases involving collisions on major roads throughout the region, including GA 400, Holcomb Bridge Road, Alpharetta Highway, Canton Street, Old Alabama Road, and Mansell Road. Our attorneys are familiar with dangerous intersections and high-traffic areas where pedestrian accidents commonly occur in North Fulton County.
Our Roswell Office
Butler Kahn – Roswell Personal Injury Lawyers
1255 Canton St, Unit E
Roswell, GA 30075
Phone: (770) 766-1056
Our Roswell office is conveniently located on historic Canton Street with easy access from GA 400 and Holcomb Bridge Road. We serve clients throughout Fulton County and the surrounding North Atlanta suburbs.
Frequently Asked Questions About Pedestrian Accidents in Roswell
Do I have a case if I was jaywalking when I was hit?
You may still have a case even if you were jaywalking. Georgia’s comparative negligence law allows you to recover compensation as long as you are less than 50% at fault for the accident. However, your award may be reduced by your percentage of responsibility. Drivers still have a duty to watch for pedestrians, even those not in crosswalks.
What if the driver who hit me doesn’t have insurance?
If the at-fault driver is uninsured, you may be able to recover compensation through your own uninsured motorist coverage if you have it. Georgia law requires drivers to carry at least $25,000 in liability coverage, but some drivers ignore this requirement. An attorney can help you identify all available sources of compensation.
Should I talk to the driver’s insurance company?
You should avoid giving a recorded statement to any insurance company before consulting with an attorney. Insurance adjusters are trained to ask questions designed to get you to say something that can be used to reduce or deny your claim. Let your lawyer handle all communications with insurers.
How much does it cost to hire Butler Kahn?
We handle pedestrian accident cases on a contingency fee basis, which means you pay nothing upfront and we only get paid if we recover compensation for you. Our fee is a percentage of your recovery, so you never have to pay out of pocket for legal representation.
How long will my pedestrian accident case take to resolve?
The timeline varies depending on the complexity of your case, the severity of your injuries, and whether the insurance company is willing to offer fair compensation. Some cases settle within months, while others require filing a lawsuit and may take one to two years or longer if they go to trial.
What if my injuries don’t appear serious at first?
Some serious injuries, particularly brain injuries and internal injuries, may not show obvious symptoms immediately after an accident. You should always seek medical attention after a pedestrian accident, even if you feel fine. Delayed symptoms are common, and early documentation of your injuries is important for your claim.
Can I sue if a family member was killed in a pedestrian accident?
Yes. Georgia law allows certain family members to file a wrongful death lawsuit when a loved one is killed due to someone else’s negligence. Eligible parties typically include the spouse, children, or parents of the deceased. A wrongful death claim can recover funeral expenses, loss of financial support, and loss of companionship.
What if the driver fled the scene after hitting me?
Hit-and-run pedestrian accidents are unfortunately common. If the driver cannot be identified, you may be able to recover compensation through your own uninsured motorist coverage. An attorney can also help investigate the accident to try to identify the at-fault driver through surveillance footage, witness statements, and other evidence.
Do I need a police report for my pedestrian accident claim?
While a police report is not legally required to file a claim, it provides valuable documentation of the accident and the officer’s observations. If police were not called to the scene, you can often file a report later. Your attorney can help you obtain a copy of the police report and any other official documentation.
What if I was partially at fault for the accident?
Under Georgia’s modified comparative negligence rule, you can still recover compensation if you were less than 50% at fault. However, your award will be reduced by your percentage of fault. For example, if you are found 20% at fault and your damages total $100,000, you would receive $80,000.
Can I sue the city if poor road design contributed to my accident?
In some cases, municipalities can be held liable for dangerous road conditions, inadequate crosswalk markings, or malfunctioning traffic signals that contribute to pedestrian accidents. However, claims against government entities involve special rules and shorter deadlines under Georgia’s ante litem notice requirements.
What evidence should I gather after a pedestrian accident?
Important evidence includes photographs of the accident scene, your injuries, and any vehicle damage; contact information for witnesses; the driver’s insurance and license information; and documentation of your medical treatment and expenses. The more evidence you can preserve, the stronger your claim will be.
Will my pedestrian accident case go to trial?
Most pedestrian accident cases settle before trial, but some cases require litigation when insurance companies refuse to offer fair compensation. At Butler Kahn, we prepare every case as if it’s going to trial, which often motivates insurers to offer better settlements. If your case does go to trial, we have extensive courtroom experience.
What if I can’t afford medical treatment after my pedestrian accident?
There are several options for getting medical treatment even if you don’t have health insurance or can’t afford your medical bills. Some doctors will treat injury victims on a lien basis, meaning they agree to be paid from your eventual settlement. Your attorney can help connect you with appropriate medical providers.
Contact a Roswell, GA Pedestrian Accident Lawyer Today
If you’ve been injured in a pedestrian accident caused by a negligent motorist or unsafe road design, you could be owed compensation. Let Butler Kahn help you pursue it. We take fewer cases on purpose so we can provide more personal attention to each client, and we prepare every case as if it’s going to trial.
We offer free consultations and work on a contingency fee basis, which means there are no upfront costs to demand justice and accountability from the person who hurt you. Contact us today by calling (770) 766-1056 or reaching out online to schedule your free case evaluation.
Past results do not guarantee future outcomes. Every case is different.
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