Atlanta Pedestrian Accident Attorney: Know Your Legal Rights

Serious injuries can sometimes prevent a victim from going back to work for an extended time. Some victims return to work, but only for limited hours or with restricted work duties due to their physical limitations. In the most serious cases, an injury victim might never return to any gainful employment.

In all of these cases, the victim loses wages as a result of their injuries. Negligent defendants must compensate injury victims for the difference in their income before and after the accident. This includes bonuses, overtime, commissions, and other forms of employee compensation. It also includes the value of any lost employment benefits (such as health insurance sponsored by your employer or retirement contributions from your employer).

Defense lawyers will often challenge the value of lost wages - especially if the victim’s doctors say that he or she never returns to work again. In these cases, it is common for the defense to hire a vocational expert to assess the victim’s ability to perform some type of work. The defense might also ask for an Independent Medical Examination (IME) and/or a Compulsory Medical Examination (CME) by their own doctor. The IME and/or CME is a second medical opinion about the victim’s injuries.

Though it can feel inconvenient and invasive to undergo an assessment by defense experts, they do have a right to have their experts assess your injuries and losses. You want to make sure your own attorney is ready to stand up for the damages you deserve.

Sadly, not all pedestrians make a full recovery from their injuries. Some accidents can leave a victim with injuries that will last a lifetime. If you suffer permanent injuries, you will have permanent losses. Your medical bills and lost wages can accrue for the rest of your life. You will likely endure physical pain and emotional suffering for the rest of your life, as well, and these are also losses that are compensable in an Atlanta pedestrian accident lawsuit. But how can you prove the value of your losses that have not yet accrued?

Our Atlanta pedestrian accident lawyers can work with expert witnesses to project the future costs of your injuries. A life care planner can testify about the estimated cost of the medical treatment you will need for the rest of your life. An economic expert can make calculations to project the value of your lost wages and employment benefits and adjust these figures for inflation.

Claims adjusters and juries use these estimates to project the future value of your claim. Juries can also determine awards for your future pain and suffering. Your exact costs may turn out a little differently than the projections, but these experts have experience in making estimates that are as accurate as possible.

There are many ways, large and small, that a pedestrian accident injury can affect your life. Many victims suffer from pain for the rest of their lives. Even if this pain is only minor or intermittent, you still have the legal right to receive compensation for it.

Some people can’t participate in hobbies, such as sports, that are a big part of their lives. This is a significant decrease in the enjoyment of your life. This, too, is a compensable loss.

Further, imagine if you can’t return to work for an extended time. Not only are you missing out on wages and employment benefits, but you are also missing the sense of pride and accomplishment that comes with a job well done. If you are out of work for a long time, you will likely worry about your family’s future.

All of these losses are very real - even if they might be difficult to value. Injury victims often deserve a pain and suffering award that fairly compensates them for all of these intangible losses. In many cases, pain and suffering is the largest component of an Atlanta pedestrian accident award. This is only one reason why you need to work with an experienced injury lawyer who knows how to prove the value of intangible losses.

The type of medical treatment you need will depend on the injuries you suffered. Some injuries, like concussions and whiplash, might need diagnostic testing and monitoring. Other injuries require expensive surgeries and lengthy hospital stays. Follow your doctor’s advice and get all the medical treatment that they recommend. Injuries that do not receive proper treatment tend to become worse.

More importantly, the driver’s insurance company can say that you made your own injuries worse by not following your doctor’s recommendations and refuse to compensate you for this added pain and suffering. Following your doctor’s recommendations will give you the best possible chance of recovery and protect your legal rights. If you do not have medical insurance or have concerns about the cost of your medical bills, talk with your injury lawyer about your situation. There are many financial options to get the treatment you need.

There are many types of injuries a person can sustain in a pedestrian accident. Pedestrians do not have seat belts, airbags, or even a helmet to protect them in a collision. Their injuries are often far more serious than those of drivers or passengers—who have protections like the metal frame of the vehicle. Almost any area of the body can sustain serious injuries when a car hits a pedestrian.

Some of the most serious injuries involve the head and brain. Your brain has protection from both the skull and a bath of cerebrospinal fluid, but these protections are often not enough to prevent brain injuries when a car hits you (or causes you to hit the road, trees, or other nearby objects). Serious brain injuries can lead to speech impediments, cognitive defects, and behavioral changes. Even seemingly minor concussions can have serious and lasting effects. Permanent brain injuries can leave a victim unable to walk or speak, and the most serious brain injuries can be fatal.

Other less severe injuries are common in pedestrian accidents. Broken bones and orthopedic injuries can occur due to trauma to your bones in a crash. Soft tissue injuries involving the muscles, tendons, and ligaments can hurt incredibly. Insurance companies like to downplay the value of these injuries because there is no dramatic bleeding or other outward signs of injuries, but injury victims should not accept a lowball settlement offer. Some of these injuries will result in a lifetime of pain and discomfort.

Your immediate priority after any traffic accident should be the health and safety of everyone on the scene. Call for an ambulance if anyone suffers injuries. Even if you don't know whether anyone will need to go to the hospital, get medical professionals on the scene to evaluate your injuries. Emergency medical technicians know how to move patients safely without exacerbating their injuries. This is a critical step in ensuring that you have the best possible chance of making the best possible recovery.

You should also move out of the path of oncoming traffic. Find a safe place on the side of the road, away from traffic, where you can wait for the police to arrive. If you don't know whether your injuries will allow you to move safely, ask the 911 dispatcher whether you should wait for the ambulance to arrive.

Once you address your immediate medical needs, the law enforcement officers who respond to the scene will ask for your statement about how the accident occurred. Feel free to share all the information you have with the police, but never apologize or accept liability. Never discuss the accident with the other driver. The police will help facilitate the exchange of insurance information as well.

If you do not leave the accident scene in an ambulance, you should still see a doctor as soon as possible. Find an emergency department or urgent care facility in your local area. You might get an appointment with your primary care provider but do not wait for an appointment.

You could have injuries that you do not know about. Internal bleeding, concussions, and other injuries may not show up right away, but they can quickly create a life-threatening situation if you do not receive timely treatment. Only a qualified medical professional can determine whether you suffered injuries in the accident and what type of medical treatment you need.

In Atlanta, pedestrian accidents are likely to occur when lots of people try to cross the road among traffic. Be especially careful in shopping centers - especially around busy seasons. There will be lots of cars and pedestrians trying to navigate their way in the same area, and confusion and frustration can often cause collisions.

Lenox Square, Ponce City Market, Atlantic Station, Edgewood Retail District, Phipps Plaza, Cumberland Mall, Southlake Mall, and Greenbriar Mall can congest with heavy traffic and pedestrians. In these busy areas, make sure to use extra caution when walking.

Pedestrians should also take care of parking lots. Drivers are trying to back up and watch traffic in several different directions. This can make it difficult to see pedestrians in the area. Never assume a driver can see you. Always wait to make eye contact with the driver, and give cars plenty of space while they are in reverse.