Thousands of pedestrian accidents happen in the United States every year, causing tens of thousands of serious injuries and thousands of fatalities. Pedestrians have little to no protection from an oncoming vehicle, so pedestrian accidents often involve serious injuries and other extensive damages to victims. When these accidents happen in the Roswell, GA, area, injured pedestrians can reach out to Kaufman Law, P.C. for legal representation. Our attorneys have a 40-year history of successful cases in the area, and we have helped secure more than $100 million in compensation for our clients.
Like any other personal injury lawsuit, a case for a pedestrian accident will hinge on the plaintiff’s ability to prove the defendant was negligent in the given situation. It is vital to consider the four elements of negligence a plaintiff must prove in court:
- The plaintiff must establish that the defendant owed the plaintiff a duty of care at the time of the accident. For example, drivers have a duty of care to follow the traffic laws and yield the right of way to pedestrians.
- The plaintiff needs to show the court how the defendant breached this duty of care. This could be through a specific action, such as speeding or running a red light, or inaction when another reasonable person would have taken appropriate action, such as engaging a vehicle’s headlights while travelling at night.
- The plaintiff must prove that his or her damages were the direct result of the defendant’s negligence and not some other cause.
- The plaintiff can only sue if he or she suffered measurable injury or other loss. If the plaintiff suffered no damages, he or she has no claim, even if the defendant acted negligently during the situation in question.
Damages and Compensation
Pedestrians who suffer injuries from vehicles often suffer broken bones, spinal injuries, traumatic brain injuries, crushing wounds, and more. Plaintiffs in pedestrian injury lawsuits can sue for the results of negligent defendants’ actions, including:
- Medical expenses, for immediate treatment after an accident and the costs of long-term care. Defendants who cause permanent injury will likely absorb liability for victim’s long-term medical care and the associated expenses. This type of compensation may also include emergency transportation fees for ambulance rides or airlifting, medical device costs, prescription costs, and any other expenses for necessary ongoing medical care.
- Pain and suffering. The experience of suffering an injury is often worse for victims than the results of the injury itself, and the justice system allows plaintiffs to sue for the physical pain, emotional trauma, and mental distress caused by a defendant’s negligence.
- Lost income. If a pedestrian accident leaves a victim unable to work for an extended time, the victim can sue for the wages lost in that time.
- Property damage. Victims in pedestrian accident cases can sue for the costs of repairing or replacing personal property damaged or destroyed in an accident.
- Punitive damages. If a defendant’s actions leading to the accident were grossly negligent, intentionally harmful, or otherwise egregious, the jury may award punitive damages to discourage similar behavior in the future. The amount of punitive damages a plaintiff may receive depends on the defendant’s financial situation and the severity of the defendant’s negligence.
Reach out to Kaufman Law, P.C. today to schedule a free case evaluation with one of our attorneys. We can meet wherever is most convenient for you following a pedestrian accident to let you know your options for legal recourse and what to expect from filing a lawsuit. Our firm has more than 40 years of successful cases, and we’ve helped clients in Roswell and throughout Georgia secure more than $100 million in compensation. Put this experience to work for you by calling Kaufman Law, P.C.