Pedestrian Wrongful Death Lawyers in Atlanta
In recent years, the number of pedestrian fatalities in the Peach State has risen, and many families are grieving the loss of a loved one. Metro Atlanta sees nearly half of all pedestrian fatalities in Georgia, and the majority of them happen in the heart of Downtown. Collisions with bikes, motorcycles, and trains have declined, while collisions with large trucks have increased.
In many cases, the fault lies with the driver who failed to yield to a pedestrian, and the family of the victim may be able to file a Georgia wrongful death claim.
In a vehicle-centric city like Atlanta, there are bound to be casualties. Pedestrians are more likely to be killed on arterial roads; wide roads like Buford Highway, Cobb Parkway, or Jonesboro Road where vehicles travel fast. Streets with dense traffic that connect subdivisions, workplaces, schools, and shopping centers are also dangerous places for pedestrians.
People are even struck when they pull over to the shoulder after a highway collision. Some are attempting to lawfully cross at an intersection. Bicyclists are also at risk when vehicles try to pass them without enough room to spare. Alcohol, marijuana use, and cell phone distractions have all been blamed for the rise in pedestrian fatalities throughout Georgia. Statistically, children and the elderly are more at risk, but anyone can be struck by a distracted or careless driver.
In Georgia, a wrongful death claim can be brought when a person's death has been caused by a negligent or reckless action. For example, if a driver is texting on his smartphone and doesn’t stop for a pedestrian in a crosswalk, he would be considered negligent because he didn’t take reasonable care to ensure no one else was hurt by his actions. If a pedestrian is killed by that negligent driver, the pedestrian’s family can receive economic damages (lost income, lost earning potential, funeral costs, and more) as well as noneconomic damages (emotional distress, loss of companionship, and more).
Recklessness is a step above negligence, and would include behavior like aggressive driving, speeding significantly over the limit, or drunk driving. It is “wanton disregard for the safety of persons or property,” and it can be punished both criminally and civilly. If recklessness was involved in your loved one’s accident, the at-fault drive may be punished with punitive damages—additional compensation given to the victim’s family, to deter other drivers from the same behavior.
In Georgia, there is a legal concept called “comparative negligence.” If a person is judged to be more than 50% responsible for his own injury, his family cannot recover any money through a lawsuit. But if the person was less than 50% responsible, they still can. The damages will be reduced proportionate to the percentage of blame a jury lays on the victim. For example, if a jury awards $100,000 to the victim’s spouse, but decides the pedestrian was 10% at fault for the accident, the spouse would receive $90,000. An experienced wrongful death lawyer should be able to review and present the strongest case to a jury.
If your loved one was killed in a traffic accident, please call Grant Law Office. Our compassionate Atlanta personal injury attorneys can investigate and try to determine what ultimately caused the fatal crash. If another person’s negligence contributed to your loved one’s death, we can help you file a wrongful death claim for compensation. It will not make up for your loss, but it will help take care of your family’s future.
Call (404) 995-3955 to set up a free, confidential consultation. Wayne and Kimberly Grant are a husband and wife pair and believe in treating clients like family. We will do whatever we can to take this burden off your shoulders and allow you to focus on grieving and moving on at this difficult time.
- Pedestrian Traffic Fatalities by State - Governors Highway Safety Association
- Pedestrians Fatality Facts 2018 - IIHS
- Pedestrian Traffic Safety Facts - NHTSA
Contact us today for a free and comprehensive case evaluation.
We require no legal retainer or upfront fees,
and you pay nothing unless we prevail.
Phone: (404) 995-3955
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