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Mableton Pedestrian Accident Lawyer

If you were the victim of a pedestrian accident in Mableton, Georgia, you may be interested in suing the other driver. This is especially true if you noticed the other driver was not giving the road his full attention. He might have been on his cell phone or adjusting the controls on the radio. Either way, what he should have been focusing on was the road.

Pedestrian accidents can be terrifying. At least with a car accident you have some protection, but even if the other driver is going 30 mph, you will experience more severe injuries than if you had a car around you to protect you. Our lawyers at Prieto, Marigliano, Holbert & Prieto, LLC can help you understand your rights and what your next steps should be.

Common Types Of Injuries

As a victim of a pedestrian accident in Mableton, GA, you can suffer a host of injuries, with some potentially serious and life-altering. Some of the injuries most commonly incurred during a pedestrian accident include:

  • Moderate to severe brain injuries, including concussions, hemorrhages and disability
  • Spine injuries requiring therapy and even surgery
  • Broken bones, sometimes resulting in permanent damage
  • Internal injuries

Any pedestrian injury lawyer worth his salt will advise a client to seek medical attention immediately following the accident. This is true even if you do not think in the immediate aftermath that you suffered a serious injury. The reason for this is that if you do not seek help quickly, you may suffer complications from your injuries, and it is less likely you will be compensated for the expenses incurred in treating those injuries.

Types Of Losses You Can Claim

When you file a lawsuit against the driver in a pedestrian accident, there are several different types of losses you can include in your lawsuit. Some of these losses include:

  • Medical care
  • Property damage, like if you were carrying a laptop that incurred damage on impact
  • Pain and suffering
  • Lost wages and earning capacity

You can also file a claim for a loss of consortium. What this means is a loss of enjoyment in your ability to do everyday activities. If you are so injured that you can no longer enjoy knitting, for example, then this is a loss of consortium.

Proving Negligence

It is one thing to file a claim against the driver in a pedestrian accident in Georgia, but can you prove the other driver was negligent? Here are some examples of things that tend to cause accidents that a lawyer can help you prove at trial. You can prove that the driver was:

  • Distractions, such as using a cell phone (texting or talking) or programming a GPS
  • Eating or drinking
  • Putting on make-up
  • Driving while under the influence
  • Speeding

If you believe any of these reasons are responsible for your accident, a pedestrian accident lawyer can more thoroughly investigate the accident to determine the root cause. If the accident was related to drinking alcohol or taking drugs, the driver may also incur punitive damages, which are damages that are meant to punish the driver and sway him from behaving similarly in the future.

Filing A Claim

Once you have a comprehensive claim put together, you must notify the driver that you are suing him by serving him with a copy of the lawsuit. You cannot do this as a party to the lawsuit, so you must either hire a process server, or the lawyer you work with will have someone serve it for you.

Then, it is time to gather the evidence for trial. This includes any paperwork you have relating to medical expenses and damages, as well as any other evidence you have of your condition or of the details of the accident. This is also the time to gather any eyewitnesses who will agree to testify as to what they saw.

Once you have gathered all the trial materials, the driver and his lawyer will probably be ready to offer you a settlement to get rid of the case once and for all. Whatever you do, do not accept their offer until you speak with an experienced pedestrian accident lawyer first. The last thing you want to do is settle for less than you deserve.

A Good Pedestrian Accident Lawyer Is Just A Phone Call Away!

Here at Prieto, Marigliano, Holbert & Prieto, LLC, we understand how traumatizing a pedestrian accident in Mableton can be, and we are here to help you. Give us a call at (855) 329-7144, or submit your information using our contact form, and we will contact you to set up your free consultation with no obligation to retain.

We do not collect any fees unless we win, so give us a call, and let’s get to work!