Catoosa County Pedestrian Accident Lawyer

The inherent dangers of automobiles are perhaps realized most by pedestrians who are injured by them. As a pedestrian, you do not have a car yourself to protect you from the impact, often resulting in more significant injuries than in car collisions.

If you were a pedestrian that was injured, you might benefit from the legal support of a personal injury attorney near you. Dealing with insurance carriers and legal procedures could be overwhelming to handle for anyone on their own. A committed Catoosa County pedestrian accident lawyer could review your circumstances and provide guidance along your journey to recovery. Contact one of our attorneys today.

Comparative Fault and the 50 Percent Bar Rule

Each state follows a comparative fault system that helps courts determine whether or not a plaintiff is entitled to recovery. There four well-known methods that different states follow:

  • The pure contributory fault rule
  • The pure comparative fault rule
  • The 50 percent bar rule
  • The 51 percent bar rule

The 50 & 51 Percent Bar Rules

Pedestrian accident victims in Catoosa County are subject to the 50 percent bar rule. The only difference between the 50 and 51 percent bar rule is their numbers, and both rules operate the same. Under the 50 percent bar rule, plaintiffs would be barred from recovery if they were found 50 percent or more at fault. If they are determined to be 49 percent or less at fault, they could still recover, but their percentage of fault would reduce their damages.

Negligence Doctrine

For a pedestrian accident plaintiff in Catoosa County, to bring a successful personal injury lawsuit based on the theory of negligence, they must prove four elements:

  • Duty
  • Breach
  • Causation
  • Harm

Everyone, including drivers and pedestrians, owes a duty of reasonable care to prevent unreasonable risk of harm to others. People are in breach of their duty when they fail to exercise reasonable care. For example, a driver is in breach if he or she drives over the speed limit. The defendant’s breach must also cause the plaintiff’s injuries. It is insufficient if the defendant’s negligence did not cause loss or harm to the plaintiff in the form of damages that could be compensated in court.

Time Limits for Pedestrian Accident Cases in Catoosa County

Injured pedestrians in Catoosa County finding themselves filing a personal injury lawsuit should be aware of Georgia’s statute of limitations. A statute of limitations is a time limit that places a deadline on a plaintiff’s ability to file a cause of action. For personal injury lawsuits in Georgia, plaintiffs have two years from the date of the accident to file their case according to Georgia Code §9-3-33. Failing to file the case on time would result in losing the right to sue in court.

How a Catoosa County Pedestrian Accident Attorney Could Help

The pain and suffering you may have endured should not go unpunished. Drivers should be held accountable when their carelessness causes senseless harm to vulnerable pedestrians. One of our knowledgeable Catoosa County pedestrian accident lawyers might be able to help you hold them responsible and seek just compensation for your injuries. Call now, get started on your case today and see what options you might have for your future legal recovery.