Pedestrian Accident Lawyer in Smyrna, Georgia
Pedestrian accidents are among the most serious and traumatic types of traffic accidents in Smyrna, GA. Medical bills, lost income, physical pain, and emotional trauma can take an immense toll on victims and their families. Insurance companies may try to minimize your claim or deny it altogether.
That’s why having an experienced Smyrna pedestrian accident lawyer on your side can make a critical difference. At Horst Shewmaker, we fight to hold negligent drivers accountable and help our clients get the compensation they deserve.
Contact us today for a free consultation!
Common Causes of Pedestrian Accidents in Smyrna, GA
Pedestrians in Smyrna may be injured in parking lots, at crosswalks, on residential streets, or along busy intersections. Most often, pedestrian accidents are caused by driver negligence.
Understanding the most common causes can help pedestrians remain vigilant and help victims identify what may have gone wrong in their own cases.
Distracted Driving
Drivers who are texting, talking on the phone, eating, or using GPS are not fully focused on the road. This distraction can lead to missed stop signs, ignored crosswalks, or failure to yield to pedestrians.
Speeding
Excessive speed reduces a driver’s reaction time and increases the severity of injuries in a collision. Speeding through residential areas or near schools significantly raises the risk of hitting a pedestrian.
Failure to Yield Right-of-Way
Georgia law requires drivers to yield to pedestrians in crosswalks and at intersections. Many pedestrian accidents occur because drivers disregard this rule.
Driving Under the Influence
Alcohol or drug impairment affects judgment, coordination, and reaction time. Drunk drivers are more likely to overlook pedestrians, especially in low-visibility conditions.
Poor Visibility and Low Lighting
Many pedestrian accidents happen at night or during early morning hours. If drivers don’t use headlights properly or fail to slow down in low-light conditions, they may not see pedestrians in time.
Left Turns at Intersections
Drivers turning left often focus on oncoming traffic and may not see a pedestrian crossing the street, even when the pedestrian has the right of way.
Backing Up Without Looking
Accidents can also occur in parking lots or driveways when a driver backs up without checking for pedestrians behind the vehicle.
What to Do After a Pedestrian Accident in Smyrna
Being hit by a car is a traumatic experience. The shock and pain can make it hard to think clearly, but the steps you take immediately after the accident can make a big difference in your recovery and your legal case.
If you’ve been involved in a pedestrian accident in Smyrna, knowing what to do can help protect your health, your rights, and your ability to seek compensation.
Call 911 and Report the Accident
Call 911 as soon as you’re able, or ask someone nearby to call for you. Reporting the accident to law enforcement is crucial, as the responding officers will create an official police report. This report can be a key piece of evidence in your injury claim. Make sure to describe the accident clearly, but avoid speculating or admitting fault, even if you feel unsure about what happened.
Exchange Information
If you’re physically able, try to get the driver’s name, phone number, license plate number, and insurance information. If there are witnesses nearby, ask for their contact information too. Witnesses can provide critical third-party accounts of the accident, which can help verify your version of events later on. If the driver tries to leave the scene or refuses to cooperate, inform the police immediately.
Gather Evidence at the Scene
Photos and videos can be powerful tools in a pedestrian injury case. If possible, take pictures of the scene, including your injuries, the vehicle involved, traffic signs, crosswalks, and anything else that could be relevant (such as skid marks or road debris).
If you’re too injured to collect this evidence, ask a friend, family member, or bystander to help. You should also make notes about the time, date, weather, traffic conditions, and anything you remember about how the accident happened.
Seek Medical Attention Right Away
It’s essential to see a doctor as soon as possible after the accident. Some injuries, like concussions or internal bleeding, may not be immediately obvious. Getting medical treatment not only protects your health but also creates a record linking your injuries to the accident. Insurance companies often look for any excuse to deny or downplay claims, and delaying medical care can be used against you.
Contact a Personal Injury Attorney
Once your immediate health concerns have been addressed, it’s wise to contact a Smyrna pedestrian accident lawyer. At Horst Shewmaker, we can help you understand your legal options and ensure you don’t make mistakes that could hurt your case.
We’ll communicate with the insurance companies on your behalf, investigate the accident, and work to secure full and fair compensation for your injuries. The sooner you get legal representation, the better your chances of building a strong claim.
How a Smyrna Pedestrian Accident Lawyer Can Help
At Horst Shewmaker, our Smyrna pedestrian accident attorneys have the experience, resources, and dedication needed to guide you through the legal process and fight for the compensation you deserve.
Building a Strong Case
One of the first things we do is launch a thorough investigation into your accident. This includes reviewing the police report, interviewing witnesses, gathering surveillance footage (from nearby businesses, traffic cameras, or home security systems), and analyzing photos of the scene.
We may also consult accident reconstruction experts or medical professionals to help strengthen your case. The goal is to build a comprehensive, fact-based claim that clearly demonstrates the driver’s negligence and the full impact of your injuries.
Settlement Negotiation
Most pedestrian accident claims are resolved through settlements rather than trials. But insurance companies often try to settle quickly and for as little money as possible. They may offer a lowball amount that doesn’t even begin to cover your medical bills, let alone your pain and suffering or lost wages.
At Horst Shewmaker, we negotiate aggressively on your behalf. We know the tactics insurers use, and we won’t let them take advantage of you. Our priority is securing a fair settlement that reflects the true value of your claim.
Trial Representation
While many cases settle, going to court may be necessary when the insurance company refuses to make a fair offer. Our Smyrna pedestrian accident lawyers will present a compelling case to the jury, using evidence, expert testimony, and legal strategy to pursue the justice you deserve. We’re not afraid to take on big insurance companies or stubborn defendants.
Compensation in a Pedestrian Injury Case
If you’ve been injured in a pedestrian accident, you may be entitled to recover financial compensation for a wide range of damages. The amount and types of compensation you can pursue depend on the specific facts of your case, but a knowledgeable Smyrna pedestrian accident lawyer at Horst Shewmaker can help ensure nothing is overlooked.
Medical Expenses
Medical bills often represent the largest portion of a pedestrian accident claim. Compensation can cover both current and future medical costs, including emergency room care, surgeries, hospital stays, follow-up doctor visits, physical therapy, prescription medications, assistive devices (like crutches or wheelchairs), and in-home care.
Lost Wages
If your injuries prevent you from working, even temporarily, you can seek compensation for lost income. This includes not only wages you’ve already lost but also future earnings if your ability to work has been reduced or eliminated. For example, suppose you’re unable to return to your previous job or have to take a lower-paying position because of your injuries. In that case, your claim can include the difference in future income. A vocational expert or economist may help quantify these losses as part of your case.
Pain and Suffering
Physical pain and emotional distress are very real consequences of pedestrian accidents. Unlike medical bills, there’s no receipt for pain and suffering. This category can include physical pain, anxiety, depression, loss of enjoyment of life, PTSD, and other psychological effects.
Our attorneys will work to demonstrate the full extent of your suffering so you can receive the compensation you deserve for your non-economic damages.
Punitive Damages
In cases of intentional wrongdoing or reckless behavior, you may be eligible to recover punitive damages. These are awarded not to compensate you for losses, but to punish the defendant and deter similar behavior in the future.
For example, if the driver was drunk, fleeing the police, or acting with extreme recklessness when they hit you, punitive damages may be available. Georgia law sets a high standard for awarding punitive damages, but our legal team will assess whether this might apply in your case.
Wrongful Death Claim After a Fatal Pedestrian Accident
Losing a loved one in a pedestrian accident is heartbreaking, especially when the tragedy could have been prevented. If someone else’s negligence caused the fatal accident, the surviving family may have the right to file a wrongful death lawsuit in Georgia. This type of legal claim allows certain family members to seek justice and financial support for the many losses they’ve suffered, including lost companionship, future income, and funeral expenses.
At Horst Shewmaker, we understand that no amount of money can make up for the pain of losing someone you love. However, holding the responsible party accountable can provide a sense of closure and help ease the financial burden that often follows a sudden loss. Our Smyrna pedestrian accident lawyers are here to guide you through every step of the legal process with care and respect. We will handle the legal work so you can focus on grieving and healing with your family.
Smyrna Pedestrian Accident Attorney Frequently Asked Questions
Can I recover money if I’m partially at fault for a pedestrian accident?
Under Georgia’s modified comparative negligence rule, you can recover damages if you are found to be less than 50% at fault in a pedestrian accident. However, your compensation will be reduced by your percentage of fault. For example, if you are deemed 20% at fault, your total compensation will be reduced by 20%.
What if I am injured as a pedestrian while jaywalking?
If you were jaywalking at the time of the accident, it might affect the determination of fault. However, it does not automatically prevent you from recovering damages. Georgia’s comparative negligence laws allow for compensation as long as you are less than 50% at fault. A Smyrna pedestrian accident attorney can assess the specifics of your case and help you understand your legal options.
How much does a Smyrna pedestrian accident lawyer cost?
At Horst Shewmaker, we believe that everyone deserves access to quality legal help, regardless of their financial situation. That’s why our Smyrna pedestrian accident lawyers work on a contingency fee basis. This means you don’t pay us anything upfront. We only get paid if we win your case.
With a contingency fee agreement, our payment is a percentage of the compensation we recover for you through a settlement or court award. If we don’t secure compensation, you owe us nothing.
How long do you have to file a pedestrian accident lawsuit in Georgia?
In Georgia, the statute of limitations for most personal injury cases, including pedestrian accidents, is two years from the date of the accident. This means you have two years to file a lawsuit against the responsible party. If you miss this deadline, you could lose your right to pursue compensation, no matter how strong your case may be.
However, some exceptions could shorten or extend this deadline. For example, if the injured pedestrian is a minor, the statute of limitations may be paused until the victim turns 18. It’s important to speak with a Smyrna pedestrian accident lawyer as soon as possible. At Horst Shewmaker, we ensure that all deadlines are met and that your case is filed properly and on time.
Contact Horst Shewmaker for a Free Consultation
If you or someone you love has been injured in a pedestrian accident in Smyrna, don’t face the aftermath alone. The legal system can be confusing, and insurance companies are not on your side. At Horst Shewmaker, our experienced Smyrna pedestrian accident lawyers are here to help you navigate the process, protect your rights, and pursue the full compensation you deserve.
We offer free, no-obligation consultations, so there’s no risk in reaching out to learn about your options. During your consultation, we’ll listen to your story, answer your questions, and explain the next steps in your case. There are no upfront costs, and you pay nothing unless we win.
Call (404) 400-1175 or fill out our contact form today and let us fight for the justice and peace of mind you need after a life-changing pedestrian accident.
