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Jason R. Schultz P.C

Common Pedestrian Accident Injuries

In 2012, approximately 76,000 pedestrians suffered injuries in traffic crashes, according to the National Highway Traffic Safety Administration (NHTSA). This means pedestrian accident injuries occurred in an auto accident every seven minutes in the United States.

Whether you’re walking down a main street in Peachtree City or one of the many side streets, if a driver caused the accident, you may pursue compensation for any resultant damages.

Examples of Pedestrian Accident Injuries

Given the nature of accidents involving pedestrians and automobiles, the injuries are often severe or catastrophic.

Some of the most pedestrian accident injuries are listed below.

  • skull fractures.
  • chest and abdominal injuries.
  • traumatic brain injuries.
  • crushing injuries.
  • broken and shattered bones.
  • knee ligament injuries.
  • back injuries.
  • spinal cord injuries.
  • musculoskeletal injuries.
  • loss of limb.
  • and, internal organ damage.

Factors Affecting the Severity of Pedestrian Accident Injuries

The severity of pedestrian accident injuries may be dependent upon several factors like those listed below.

  • how fast the vehicle was travelling when it struck the pedestrian.
  • the part of the pedestrian’s body that came into contact with the vehicle.
  • the part of the vehicle that the pedestrian struck.
  • and, the size of the vehicle.

For instance, if the car is travelling at a low speed and its front end collides with a pedestrian, the pedestrian might remain on the hood. At higher speeds, the increased momentum can cause the pedestrian’s body to

crash into  the windshield, pass fully over the vehicle, or fall under the vehicle. The severity and location of impact affects the nature and severity of the resulting pedestrian injuries.

Risk Factors for Pedestrian Accidents

There are numerous risk factors for pedestrian accidents.

  • age.
  • time of day.
  • weather.
  • road design.
  • and location.

Alcohol is actually one of the largest contributing factors in pedestrian accidents: on both pedestrians’ and drivers’ parts.

The NHTSA reports that alcohol was involved in nearly half of pedestrian accident fatalities in 2012. Approximately 34 percent of the pedestrians killed had a blood alcohol concentration (BAC) of .08 grams per deciliter (g/dL) or higher. Conversely, only 14 percent of the drivers involved in these accidents a BAC of .08 g/dL or higher.

Fault in Pedestrian Accident Claims

When a pedestrian is injured in a traffic accident, he or she may be able to file a claim against the driver to recover damages. If the pedestrian was killed, his or her family may be able to file a wrongful death claim. However, it’s important to note that fault plays a role in the eligibility and compensability of a claim.

The State of Georgia follows the modified comparative negligence rule. This rule states that an injured party can file a claim for compensation only if he or she is less than 50 percent at fault.

This means that if the pedestrian is more at fault than the driver, he or she will not be eligible for compensation. If a pedestrian is partially at fault, but less than 50 percent, the pedestrian can still file a claim but the settlement amount will be reduced by the pedestrian’s degree of fault.

In other words, if the pedestrian’s damages totaled $100,000 and the pedestrian was 25 percent at fault, the settlement check will be reduced to $75,000.

Legal Help in Peachtree City for Pedestrian Accident Injuries

Proving fault in a pedestrian accident and ensuring that the full extent of the damages are accounted for are two very crucial aspects of an injury claim. These types of cases generally necessitate a pedestrian accident attorney who will have access to the resources necessary to substantiate and carry out a successful claim for victims.

If you are in need of legal assistance in Peachtree City, call attorney Jason Schultz for a consultation. The initial consultation will be free of charge and will provide us an opportunity to discuss your case and determine if we’d be a good fit for you.  Contact us today at 404-474-0804.

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