Augusta Premier Personal
Injury Attorneys

Augusta Pedestrian Accident Attorney

Pedestrian-vehicle accidents can cause catastrophic injuries, including bone fractures and traumatic brain injuries. These injuries can stay with you for life as a victim. If you are facing medical bills, pain and suffering, and other losses after a pedestrian accident in Augusta, Georgia, contact us for help. The lawyers at Nicholson Revell LLP can guide you through the legal process in pursuit of the results you deserve.

Why Choose Us

  • We provide personal, one-on-one care to our clients.
  • Our law firm takes only a few cases at a time to give each our full attention.
  • We have recovered more than $140 million for our clients.
  • Our attorneys have earned an excellent reputation in the legal community.

Common Pedestrian Accident Injuries

The average passenger car weighs between 3,000 and 4,000 pounds. When a vehicle strikes a vulnerable pedestrian, the results can be catastrophic. Pedestrians do not have anything protecting them from injuries in collisions. Pedestrians can suffer many life-threatening injuries when struck by a vehicle, including:

If you or a loved one has any of these serious injuries from a pedestrian-vehicle accident in Augusta, you can seek financial recovery for related costs from the driver, including medical expenses and therapy. You could be eligible for compensation for both past and future damages.

For information regarding accidents involving trucks or tractor-trailers please visit our Augusta truck accident lawyers page.

Is Georgia a Fault or No-Fault State?

Georgia is a fault state when it comes to automobile accidents. The insurance law in Georgia allows injured accident victims to seek financial compensation from the at-fault party. After a pedestrian-vehicle accident, therefore, you or your Augusta accident attorney will need to determine who is to blame for the crash. Then, you will seek financial compensation through that party’s insurance provider. If you get into an accident in a no-fault state, on the other hand, all injured parties will seek compensation from their own insurers, regardless of fault.

Common Causes of Pedestrian Collisions in Augusta

One of the first tasks your attorney can complete for you during a pedestrian-vehicle accident case is identifying the cause of the collision. This will allow your attorney to determine the defendant and collect evidence against the driver as proof of fault. Three main hazards cause the majority of pedestrian collisions in Augusta and throughout Georgia:

  • Driver errors, such as speeding, failing to yield the right-of-way, distracted driving, and drunk driving.
  • Pedestrian errors, such as crossing the road when it is illegal or unsafe to do so (e.g., jaywalking).
  • Road defects, such as a dangerous design, cracked sidewalk, lack of crosswalks, and broken traffic signals.

At Nicholson Revell LLP, we don’t like to use the word accident. We know almost every pedestrian-vehicle collision is a preventable incident that is a direct result of negligence. If you believe another party is to blame for your collision, he or she may be legally responsible for your injuries.

How to Prove an Augusta Car Accident Claim

As an injured pedestrian, you have the right to pursue an insurance claim or civil lawsuit against the driver responsible for your accident. However, you will need to establish the driver’s liability in order to secure your settlement.

During the insurance process, a company representative will review all pieces of evidence, speak to relevant parties, and determine liability for the collision. If you are pursuing a lawsuit, you and your lawyer will need to prove the following three facts.

  • Duty: The at-fault driver owed you a duty of care. In Georgia, all drivers have a duty to drive safely and follow traffic laws. 
  • Breach of Duty: The at-fault driver breached his or her duty of care in some way. Falling asleep at the wheel, speeding, running a red light, driving while drunk, and distracted driving are only a few examples of negligence that leads to pedestrian accidents.
  • Causation: The at-fault driver’s breach of duty caused your pedestrian accident and the injuries that you experienced. You must prove that the accident would not have happened if not for the actions of the at-fault party. 

You will need to leverage several pieces of evidence to prove your case, such as witness statements, medical records, police reports, surveillance footage, and photographs and videos from the accident scene. An attorney from Nicholson Revell, LLP can investigate your claim and gather the evidence necessary to prove your right to recovery and craft a compelling case in your favor. 

Compensation Available After a Georgia Pedestrian Accident

By filing an insurance claim or lawsuit, you can recover the compensation that you need to treat your injuries and take care of any losses that you experienced due to the accident. In Georgia pedestrian accident claims, you have the right to recover two categories of damages: economic and non-economic.

Economic Damages

Economic damages involve the tangible, financial losses that you experienced due to the pedestrian accident. These collisions can result in serious injuries that require extensive treatment and recovery times, as well as property damage. As an injured pedestrian, you could hold the at-fault driver accountable for the following losses.

  • All past and future medical expenses, such as hospital stays, prescription medications, surgeries, and emergency room care
  • Lost wages during your recovery time or while receiving treatment for your condition
  • Loss of future wages if your injuries prevent you from returning to work at all
  • Property repairs and replacements for any damage sustained in the accident
  • Any disability accommodations that you require due to your injuries, such as mobility equipment or home and vehicle modifications

Documents like medical records, paystubs, correspondence with your employer, repair invoices, and other pieces of financial evidence can prove your right to economic damages.

Non-Economic Damages

Non-economic damages refer to the pain and suffering that you endured due to the accident. These losses may be physical in nature or involve the psychological trauma that you experienced. Common types of non-economic damages include the following.

  • Chronic pain
  • Permanent disability
  • Loss of quality of life
  • Emotional distress
  • Mental anguish
  • Fear and anxiety
  • Depression
  • Post-traumatic stress disorder

These losses can be difficult to prove, as they do not always leave tangible evidence. However, your attorney from Nicholson Revell, LLP can apply common formulas to accurately estimate your potential pain and suffering award. 

Does Georgia Allow Punitive Damages?

In some cases, injured pedestrians in Georgia are eligible to claim a third category of compensation known as punitive damages. Unlike economic and non-economic damages, which intend to reimburse you for the losses that you endured, punitive damages aim to punish the at-fault party.

In Georgia, courts will award up to $250,000 in punitive damages. You can only recover this compensation if you can prove that the at-fault driver exhibited one of the following.

  • Willful misconduct
  • Wantonness
  • Oppression
  • Fraud
  • Malice
  • Conscious indifference to consequences

Do You Need a Lawyer for Your Pedestrian Accident Case?

After a pedestrian accident, you can suffer from serious and debilitating injuries that impact your quality of life. These injuries can make it difficult to engage in daily activities, let alone pursue a legal claim against the driver.

In these situations, you need an attorney who can represent your claim and guide you through the litigation process. At Nicholson Revell, LLP, our Augusta pedestrian accident lawyers have years of experience handling insurance claims or lawsuits. We will handle all aspects of your case so that you can focus on recovery, not complex litigation.

A Georgia pedestrian accident attorney can also advocate for your maximum possible settlement throughout your case, helping you secure the compensation that you need to pay for your losses. He or she can represent you during negotiations, calculate your potential settlement, and escalate your case to the courtroom if necessary. 

If you need additional support for your case, our attorneys can leverage their wide network of resources and expert witnesses. We will work diligently to craft a compelling case for your right to maximum recovery.

How Long Do You Have to File a Pedestrian Accident Lawsuit in Augusta?

If you plan on pursuing a Georgia pedestrian accident lawsuit, it is important to speak with an attorney as soon as possible. All civil lawsuits in Georgia are subject to a rule known as the statute of limitations, which establishes a filing deadline for certain claims. 

Pedestrian accident lawsuits are a type of personal injury claim. Under Georgia law, you must file a personal injury lawsuit within two years from the date of your pedestrian accident. If you do not file on time, the court will dismiss your case and prevent you from recovering a settlement.

There are certain exceptions to the statute of limitations, such as cases involving fraud or minors who were under the age of 18 at the time of the accident. However, these exceptions do not apply to everyone. To protect your right to recovery, it is important to contact an attorney at Nicholson Revell, LLP to initiate your claim as soon as possible.

What to Do After a Pedestrian-Vehicle Accident

You can take action to protect your legal rights immediately after a pedestrian-vehicle collision in Augusta. Call the police to report the crash, even if the driver of the vehicle doesn’t want you to. Having the police on the scene can create an official report of the accident. Take photographs of the scene before you leave, if possible. Get the other driver’s contact and insurance information. Go to a hospital without delay to tend to your physical injuries. The next step you should take is to contact a personal injury attorney in Augusta.

Contact an Accident Attorney in Augusta, GA Today

An attorney can help you with each phase of the legal process in the fight for justice and maximum financial compensation. Your lawyer can help you recover the amount you need to finally move forward. Call (706) 722-8784 or contact us online today to get in touch with our local Augusta, Georgia based law firm.