Pedestrian & Bicycle Accidents
Pedestrian Rights & Responsibilities in Georgia
In Title 40, Chapter 6, Article 5 of the Georgia code, the rights and responsibilities of pedestrians are laid out. The law makes reasonable attempts to address as many nuances as possible, given the different situations that cause each accident. The basics of the law are these:
- Pedestrians have the right of way in a marked crosswalk
- Blind pedestrians–identified by the use of a white walking stick or a guard dog, have the right of way.
- Pedestrians may walk on road shoulders, so long as they stay as far from traffic as possible.
- Pedestrians must obey the traffic signals, the same as the driver of an automobile
- Pedestrians may not be in the road or even on road shoulders while intoxicated
- When no marked crosswalk exists, pedestrians must yield the right of way to oncoming traffic
- If a pedestrian has begun to cross under safe conditions, an oncoming vehicle must then yield.
These basics, along with the myriad of detail in Title 40, Chapter 6, Article 5, provide the basis for understanding who is liable when a pedestrian accident occurs.
Proving Liability in Pedestrian Accident Cases
There are four elements of negligence that the victim of a pedestrian accident must prove if they are to collect damages. The question of liability–who breached a duty of care to whom–may be one of the most strongly contested. An insurance company for the defendant may well seek to shift responsibility for the accident onto the injured plaintiff. It’s important for the Duluth pedestrian accidents lawyer representing the plaintiff to have gathered the necessary evidence to blunt this effort from the defense.
The sources of evidence in a pedestrian accidents case–as with other personal injury lawsuits–can range from cell phone pictures taken at the scene to eyewitness testimony. The plaintiff–presuming they are physically able–can help their own cause by taking photos and getting contact information for witnesses, which can then be turned over to their lawyer for follow-up.
An attorney can reach out to the police department to get a copy of the report that was filed. If the accident was on a main city street, it’s possible there may be video footage that the lawyer can request. If the police photos include skid marks or other telltale signs, a lawyer can summon expert witnesses who will offer testimony as to what those signs indicate regarding the speed of the other driver .
All of this evidence adds up to create a picture for the court that will tell what really happened and who is at fault. Little details can prove exceptionally significant. Securing a fair pedestrian accidents settlement calls for diligent legal preparation followed by determined advocacy with insurance companies and in the courts.
Our attorneys knows all about the importance of both negotiation and litigation. Their past experience and vast backgrounds have given them an astute understanding of both. Parsons Law, LLC was founded to make those skills available to those in need of strong representation after an accident.
Reach Out to Us Today
Call Parsons Law, LLC today at 678-314-1553 or contact us online. We offer free consultations, and from our Duluth office, we serve Lawrenceville, Norcross, all of Gwinnett County and north into Hall County.
Duluth Pedestrian Accident Lawyer
Accidents involving pedestrians are far too common. It’s estimated that in the state of Georgia alone, the costs of hospitalization and emergency room care for pedestrian accidents exceeds $170 million each year. There are cases when the person was injured not through any fault of their own, but by the negligence of someone else. In those cases, it’s appropriate for the financial burden to be put on the insurance company of the negligent party. A Duluth pedestrian accidents lawyer from Parsons Law, LLC can help injured pedestrians seek justice.
Attorneys from Parsons Law, LLC are tough negotiators, experienced litigators, and vigorous advocates on behalf of their clients. Let them fight to get you a fair settlement. Parsons Law, LLC can be reached at 678-314-1553 or here online to set up a free consultation. From our Duluth office, we serve Lawrenceville, Norcross, across Gwinnett County and north into Hall County.
What To Do After a Bike Accident
The immediate aftermath of a bike accident should be handled much like a car accident would be. The police should be called. The reason is that if a lawsuit is filed, the police report can be a valuable source of information. It’s a report of the facts coming from an unbiased source in a position of authority.
Then information should be exchanged with the other person involved, from insurance info to phone numbers. If there are witnesses, get their contact information as well. Take cell phone pictures of the scene. Little things can prove important–for example, skid marks on the road can offer a hint of how fast someone was going.
All of this presumes a cyclist that is conscious and perhaps able to leave the scene when all the appropriate actions described here have been done. The next step is to go see a doctor. The cyclist needs to find out as soon as possible if there are any injuries or concussions that might not have been readily apparent.
All of the information gathered can be turned over to a Duluth bicycle accidents lawyer for follow-up.
What Not To Do After a Bike Accident
Let’s presume the cyclist was able to leave the scene. When they return home from the doctor, they find out that word has spread about their accident. They want to provide reassurances to family and friends. But the cyclist needs to be very careful about who they say “I’m okay” too.
One place “I’m okay” should not be said is on social media. Yes, it’s an easy way to get the word out fast to a lot of people. It’s also something that lawyers for the defendant’s insurance company can access. And the reality is, there are injuries–especially to the head and back–that may not manifest themselves until days after the incident. The cyclist really doesn’t know yet that they’re okay and public proclamations can undermine future efforts at a fair settlement.
If the cyclist had to be hospitalized and the fault of the other party was obvious, the insurance company may approach the injured cyclist with a settlement offer. Do not talk to the insurance carrier–at least not yet. That’s what lawyers are for. Even if the adjuster that comes to see the cyclist seems upstanding and honest, they still represent a client who is trying to settle this accident as quickly–and cheaply–as possible. A Duluth bicycle accident lawyer, by contrast, wants a settlement that accurately reflects the cost of recovery and rehab.
Parsons Law, LLC is in the business of fighting for fair settlements. Our cooperating attorneys are experienced negotiators and litigators who understand what it takes to give an injured cyclist the diligent and zealous representation they deserve. From our Duluth office, we serve Norcross, Lawrenceville, all of Gwinnett County and north into Hall County.
Reach Out to Us Today
Call today at 678-314-1553 or contact us online to set up a free consultation.
Duluth Bicycle Accidents Lawyer
Bike accidents are often severe, with damage that can be long-lasting. The realities of physics and motion are the reason why. The bike may have hit something–such as a car–which is significantly larger. High speed is often involved. All of this is serious enough, but the very nature of bicycling also means that it’s almost impossible for a rider to control their fall. That means spinal cord or head injuries may be more likely.
When these tragedies happen, the injured plaintiff depends on their Duluth bicycle accidents lawyer to secure the kind of settlement that will pay for medical bills, rehab, lost wages and provide some level of compensation for pain and suffering.
The unique backgrounds of our attorneys in are vast and have given them experience in the twin skills of negotiation and litigation. That’s what you need in the fight with insurance companies for a fair settlement. From our Duluth office, Parsons Law, LLC serves Lawrenceville, Norcross, all of Gwinnett County and north into Hall County. Call today at 678-314-1553 or contact us online to set up a free consultation.
Every case is different, but the prospects of getting a personal injury settlement might well depend on the actions a biker takes in the aftermath of their accident. There are things an injured cyclist should do–presuming they are physically able–and things they should not do.