When we hear that a pedestrian is hit by a car, we automatically assume that they were an innocent victim. We’ve all seen people try to cross the street in a crosswalk, only to have a car speed through with no regard for their safety. We’ve also seen cars speeding down local roads, nearly running pedestrians over. It’s hard to imagine that the driver in these situations wouldn’t be responsible for any injuries that ensure. And, while it may sound unlikely, there are times when a pedestrian can actually be held liable for a car accident.
It’s no secret that a person on foot doesn’t stand a chance against a two-ton vehicle. If a car comes cruising down the street and strikes a pedestrian, the results are going to be disastrous. There’s nothing there to protect the pedestrian. They don’t even have a helmet like a bicycle rider or motorcycle rider. They are an innocent victim with no way to protect themselves. So, how could someone argue that the person on foot was actually the person at fault?
Believe it or not, there are times when this is the case. If you’re the pedestrian, you’re going to need to talk to an experienced car accident lawyer. They can review your case and let you know if they think you have a valid claim. If they think you may be held liable, they can let you know this too. It’s a good idea to sit down with them and tell them what happened. They can answer your questions and give you an idea of what you might be up against.
How Could a Pedestrian Possibly Be at Fault?
It’s hard to imagine that a pedestrian would ever be considered at fault for a car accident. Surely, the person driving the car would have the last chance to avoid a collision, right? Well, usually, this is the case. However, there are times when the pedestrian may be found to be at fault. Some of these include:
- The pedestrian was intoxicated at the time of the crash and stumbled in front of the vehicle
- The person on foot was actually trying to get hit by a car
- The pedestrian was grossly negligent and was not following the local traffic rules
- The person on foot was walking where there was no crosswalk
- The light said “Do Not Walk” at the time of the crash
If your case involves any of these things, there is a chance the defendant will claim you were at fault. If so, your Atlanta injury lawyer will do their best to shoot these arguments down. They’ll fight to get you the compensation you deserve.
What Sorts of Damages Can You Demand?
If you are involved in a pedestrian accident, you can demand certain damages. Your attorney will be able to recover these damages if they can prove the defendant was at fault. Some of the damages you may recover include:
- Medical bills and future medical bills
- Lost wages
- Lost future income
- Emotional distress
- Property damage
- Pain and suffering
Remember – it’s not enough that you were hit by a car. Your Atlanta personal injury lawyer will still have to prove that you were hurt. This can be done using your medical records. Your attorney will also introduce other evidence to prove your damages.
Contact a Local Personal Injury Lawyer in Atlanta, Georgia
If you’ve been injured in a pedestrian accident, you should call an experienced injury lawyer in Atlanta. You’re going to want to sit down with someone who’s handled cases just like yours in the past. If the defendant is claiming that you were responsible for the crash, you will actually have to defend this claim. And, if you’re found to be partially at fault, it will impact your claim.
Meeting with a skilled injury lawyer will give you a chance to tell your story and get legal advice. While your lawyer can’t guarantee what will happen if you go to court, they can give you a good idea. They know what sorts of questions a mediator or judge will ask. They can also review the evidence the defendant has to back up their claim. If they truly feel you were at fault, they’ll let you know. However, if they believe you have a valid claim, they’ll tell you that too.
Call today and schedule your free initial consultation. It’s absolutely free and you don’t pay a penny until you settle your case.
