Dalton Pedestrian Accident Lawyer

Crosswalks and sidewalks are common places for pedestrians. However, vehicles are present near these locations as well. When a pedestrian is hit by a moving vehicle, he or she may suffer severe injuries that can be classified as catastrophic. In some cases, these injuries result in a fatality.

Someone who was in an accident as a pedestrian may significantly benefit from a consultation with a dedicated personal injury attorney. Most medical care following such an accident can quickly become costly. Compensation could possibly help reduce stress surrounding a person’s financial situation during recovery. Contact a Dalton pedestrian accident lawyer to discuss your rights to recovery against the owner and operator of the motor vehicle that struck you, as well as the burden placed upon the pedestrian when trying to prove the motor vehicle at fault.

Duties Owed by Dalton Motorists

The operator of a motor vehicle typically has a duty of care to pedestrians on the roadway just as they have a duty to other motorists. Generally, a motorist’s duty may include the following:

  • Keeping a proper lookout for pedestrians in the roadway
  • Maintaining a safe speed while driving
  • Avoiding distractions on the roadway
  • Driving sober

When a motorist notices a pedestrian crossing the street within a crosswalk, the motorist has a duty to stop and wait for him or her to finish crossing the street. Motorists also typically have an obligation to sound their horn when necessary to warn a pedestrian about the presence of their vehicle. Questions about whether a motorist breached any of these duties in a particular pedestrian accident should be posed to a Dalton pedestrian accident lawyer.

The Burden of Proof and Deadline for Filing Pedestrian Accident Claims

When duty of care is breached by a motorist, an injured pedestrian has the option to file a lawsuit against the driver. An injured person seeks compensation for any damages suffered resulting from the breach. In most cases, the breaches of an owed duty is considered a civil wrong under Georgia tort laws. In Dalton, the statute of limitations for filing such a lawsuit is typically a two-year period according to Georgia statute §9-3-33.

To file a claim, an injured pedestrian must be able to prove before a judge or jury that a duty existed, and the motorist’s actions were a breach of that duty. Any breach caused by a lack of care on the roadways may expose a motorist to liability.

Seeking medical attention directly after an accident may significantly help a person’s case in court. A doctor can typically document any sustained injuries which potentially could be used as evidence to a support an injury claim. The services of a Dalton pedestrian accident lawyer can be invaluable in ensuring the pedestrian has met their burden of proof before a claim is filed against the motorist in court.

Speaking with a Dalton Pedestrian Accident Attorney

There may be caps established to the damages a person could receive in a successful claim. However, some injuries and circumstances reveal exceptions and a cap on compensation could be removed. A personal injury lawyer could help examine different legal options.

To obtain support in your claim for damages, or to clarify any questions you may have about your obligations, talk to a Dalton pedestrian accident lawyer today and ensure your claim is in the best possible position to achieve a financial recovery. Call now.