Pedestrian Injuries
Atlanta, Georgia Personal Injury Lawyer

Even if you look both ways, crossing the street can be dangerous. Especially in Atlanta, when the traffic seems to never stop. According to the National Safety Council, approximately 5,900 pedestrians died in 1998. In nearly 30 percent of those cases, the victims were crossing the street. In addition to those who were killed, thousands more were seriously injured.

Determining who is at fault in a pedestrian cases can be hotly disputed. Many factors must be taken into account: Was the pedestrian paying attention to traffic when he crossed the street? Did the pedestrian jaywalk or did he cross in a designated crosswalk? Did the car run a red light? Was there alcohol or drugs involved? If possible, you should try to get witnesses who can verify your account of the accident.

In general, pedestrians have the right of way, unless they cross the street in non-designated areas or against crossing signals. Typically an insurance company may deny responsibility if a child runs out into the street. However, if there is a school or playground nearby, perhaps the driver should have been aware that children were in the area. This evidence can be used to show the driver wasn't taking proper precautions to avoid an accident. In addition, it may be possible to show that the child wasn't properly supervised or that adequate crossing assistance was not provided.