Brain Injury Claims

A close-up of someone's chest wearing a white coat and white surgical gloves with a stethoscope around their neck, holding a black chalkboard with the words TRAUMATIC BRAIN INJURY written on it.

In the early morning hours of April of 2015, a tractor trailer plowed into two different cars carrying seven Georgia Southern nursing students. Five of the students were killed. Two students suffered serious injuries but survived the crash.

On January 19th, 2017, one of those survivors, Megan Richards, gave emotional testimony in court, discussing the anxiety and depression that the accident left her with, as part of a lawsuit against the truck driver and the trucking company he worked for. In an earlier civil lawsuit, the trucking company admitted responsibility and reached a multi-million dollar settlement with the other victims.

Not only was Megan coping with the loss of her friends, but her lawyers also argued that she was still suffering from a traumatic brain injury. “Not every day is the worst day of my life, but a lot of days are bad, but it’s the good days that make it worth it,” she testified.
Her father stated that she has, “A lot of anxiety. She’s depressed, she’s not social.” After hearing testimony and seeing evidence, a jury awarded Megan $15 million.

Unfortunately, these types of lasting symptoms, and many others psychological and emotional problems, are typical of traumatic brain injuries (TBIs). A TBI can be a single serious concussion, as occurs in severe traffic accidents or serious work-related accidents, or can be caused as a result of a series of smaller brain traumas, known as continued traumatic encephalopathy (CTE). According to the CDC, there are millions of new TBI emergency room visits, hospitalizations, and deaths each year. When TBIs are caused by the wrongful actions of someone else, victims are entitled to be fully compensated for their harm.

TBI Symptoms

Brain injuries can cause a variety of symptoms, including:

• Disorientation, confusion, or simply not feeling like one’s self;
• Problems sleeping;
• Headaches;
• Nausea or vomiting;
• Dizziness or difficulty balancing;
• Sensitivity to sound or light;
• Sensory problems, including blurred vision, ears ringing, or having a bad taste in the mouth;
• Mood swings;
• Problems with memory or concentration; and
• Depression and anxiety.

Proving Damages in TBI Claims

When TBI symptoms are carefully documented and medically provable, victims in TBI claims are entitled to be compensated. But it is crucial that TBI victims carefully record how the symptoms have impacted their life, and thoroughly acquire and prepare all necessary medical evidence.

Proving the harm that a TBI caused can require presenting numerous pieces of evidence, including but not limited to:

• Medical records;
• Physician reports;
• Expert medical testimony;
• Vocational evaluations;
• School and work records;
• Functional capacity evaluations; and
• Testimony from family, friends, and the victim.

Georgia personal injury law defines two types of damages that can be awarded in any personal injury case: special damages and general damages. Special damages compensate a person for things like medical expenses and lost wages. General damages compensate for non-economic losses, such as pain and suffering or emotional distress.

Although TBI claims can be difficult to prove, when evidence is carefully prepared and persuasively presented to the court, significant special and general damages are usually possible.

Contact the Brain Injury Accident Attorneys at Williams Elleby Howard & Easter, for More Information

The personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to getting justice for personal injury victims in the State of Georgia. If you would like more information about this issue, or would like to discuss your case, contact Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA.

Negligent Security at Sports Venues

negligent security sports venues

Negligent Security at Sports Venues

On April 14th, 2017, the Atlanta Braves beat the San Diego Padres in their season home opener at the brand new SunTrust Park in Cobb County. Just three days later, the Atlanta Journal-Constitution reported that the first arrest had been made at new Braves stadium. The culprit was arrested for trespassing, obstructing a law enforcement officer, public intoxication, and assault.

Unfortunately, such behavior is not uncommon at sporting events. The alcohol, adrenaline, and passion that can make the events more fun also present the risk of helping escalate a situation to violence. Violent crimes and even deaths have occurred at sports venues. In one tragic case, a 22 year old Phillies baseball fan was beaten to death in the parking lot of the Citizens Bank Park in Philadelphia in the culmination of a fight that began over spilled beer.

Not only will fans occasionally get out of control, but some criminals also target large sporting events. The huge numbers of people available to victimize and the anonymity provided by large crowds make sporting events a tempting location for thieves. Keeping yourself and your property safe at sports venues is important. While you have a duty to look out for yourself, sports venues also have a duty to prevent crime from occurring in the first place.

The Legal Duty of Sports Venues to the Attending Fans

The duty of a sports venue to provide proper security for fans stems from premises liability law. In Georgia, the general premises liability rule is found in Georgia Code 51-3-1, which holds that “Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”

Thus, a sports venue has a duty to prevent foreseeable harm to the attendants. Georgia case law has clarified that this duty includes taking reasonable steps to keep invitees safe from the criminal acts of third parties. As Georgia courts have put it, property owners are “bound to anticipate and provide against what usually happens and what is likely to happen.” Because acts of violence and theft are common at sporting events, sports venues have a duty to provide security to prevent such actions. But, importantly, a plaintiff will not be successful with the claim if the particular crime was unforeseeable.

A sports venue also has a duty properly hire security guards. The guards or company that the sports venue contracts with to provide security must be competent to do the job. A sports venue is liable under a theory of negligent hiring if it knew or should have known the security hired was not suited for the job.

What to do if You’ve Been a Victim of Crime at a Sports Venue

If you have been the victim of a crime at a sports venue, you should contact an experienced attorney to investigate your case. The sports venue may owe you compensation. If you would like more information about this issue or would like to discuss your case, contact Williams Elleby Howard & Easter, at (409) 389-1035 today to schedule a free consultation.

What Does “Total Loss” Mean?

total loss vehicle accident

What Does “Total Loss” Mean?

If you were involved in a car accident, the insurance company might tell you that your vehicle is a “total loss.” This designation sometimes occurs even when it may not seem like the car is completely undrivable. Technically speaking, whether you can drive the vehicle may not have any connection to whether your vehicle is considered a “total loss” or not.

When the insurance company designates your vehicle as “totaled” or a total loss, it can be devastating because the insurance company will not pay for the vehicle repairs. However, they may also not pay for the full amount of what you need to replace your car.

What Constitutes a “Total Loss” in Georgia?

Insurance companies use the designation of “total loss” when the damage to the vehicle would cost more to repair than what the car is worth. These costs are most often associated with older vehicles, but even newer cars involved in serious accidents can be considered “totaled” as well.

Whether a vehicle is a “total loss” will vary depending on the insurance company. If it is not practical to repair the vehicle, even if the repairs would be less than the value of the vehicle, then the car may still be a total loss. Some companies have a standard percentage that they use, which is usually around 75 percent. That is, when the repairs would cost more than 75 percent of the value of the vehicle, then they would consider the car totaled.

What Happens After a Total Loss?

When your vehicle is considered a total loss, you usually have two options. First, your insurance company may provide you with the actual cash value of your vehicle before the accident. They will take your deductible out of this value, however. Second, the insurance company may take ownership of the vehicle, paying you for its value post-collision. You may also be able to repurchase it yourself as well.

These options are only available if you have a policy that covers total losses. Most liability coverages will address total loss, but it is important to review your insurance contract to fully understand your options.

Keep in mind that you still should continue to pay your insurance premiums even after your vehicle is considered a total loss. Moving quickly will allow you to avoid overpaying, however. Be sure to return the license plates as soon as you can after the accident.

Valuing a Vehicle After a Total Loss

Generally, your insurance company will work with a third party to value your vehicle for purposes of either purchasing it or repairing it. The insurance company will usually consider the following factors to evaluate the actual cash value of your car.

  • Retail value of a similar vehicle
  • Purchase price of your car
  • Any improvements you made
  • Prior unrelated damage

You can dispute the amount if you feel that it is not high enough. You should provide supporting documentation to assert that the actual cash value is greater than what the insurance company has provided. For example, if the third party assessing your vehicle did not consider your aftermarket upgrades, providing information about these updates may be helpful.

If you run into any disputes with your insurance company during this process, it may be beneficial to use the services of an experienced car accident attorney. Call our team at 833 – LEGALGA for more information.

Someone Borrowed My Car and Had an Accident—Now What?

A close-up of a wreck scene showing a teal car that has rear ended a gray SUV.

Someone Borrowed My Car and Had an Accident—Now What?

If you let others, whether it be a friend or loved one, borrow your car and they are involved in an accident, you can still be on the hook for liability. In most cases, car accident victims will include both the driver and the owner of the vehicle in their legal claim. These claims can become complicated, particularly when the person driving your car is considered the “at fault” driver.

From an insurance standpoint, it is usually the car owner’s insurance that will be the first line of defense. This may not seem like a fair result, but ultimately, you are responsible for your vehicle. That means that if you lend it out to someone else, your insurance will still be the first line of defense.

Dealing with Your Damages

If your friend or family member is the one that is at fault for the accident, your insurance will generally cover any damage to your vehicle and the driver’s injuries. You will still have to pay the deductible as required by your policy; however, this general rule only applies if you have collision coverage. Collision coverage is optional in Georgia, so you may not be able to use your own insurance for property damage.

In some situations, though, you may be able to assert a claim against the driver’s insurance if he or she was particularly irresponsible or careless. These claims can be tricky, however, and they do not apply in many situations. You may simply be out of luck for coverage regarding the property damage.

Injuries and Damages to Someone Else

Your insurance company will also be forced to pay for the other driver’s damages and injuries. This falls under your general liability coverage, which is required in the state of Georgia. If your insurance policy does not cover all of the damages because of your coverage limits, the person who was driving your vehicle may use their own insurance to cover the difference (secondary coverage). In this situation, liability insurance “follows the driver,” but the vehicle owner’s insurance limits must be exhausted before the driver’s insurance kicks in.

When you are driving someone else’s vehicle, your insurance will generally be the same as if you were driving your own car. This includes the limitations, exclusions, and other requirements. It also includes the medical portions of coverage and uninsured motorist coverage.

These general rules only apply when you allow someone to borrow your car. If, however, someone uses your car without your permission, the rules are sometimes different depending on your insurance policy language. Nonetheless, coverage may still apply even if you did not give the driver permission, but he or she lives in your household. Read your policy carefully to determine how far coverage extends.

Getting Help After an Accident

You should report all accidents to your insurance company as soon as possible. Your friend or relative should also report the accident, and the two insurance companies will often work out liability issues on their own. However, when the insurance companies cannot work out liability problems you may need the assistance of an attorney to protect your interest.  If you find yourself in this unfortunate situation, call the Kennesaw car accident attorneys at Williams Elleby Howard & Easter for a free consultation at 833-LEGALGA.

Dangers of Distracted Driving

A female wearing a green shirt, sitting in a car, behind a steering wheel, holding both the steering wheel and her coffee in her left hand while looking into the sun visor mirror, putting on mascara.

Taking your eyes off the road for even just a few seconds can easily result in injuries or death. In fact, the AAA Foundation reports that even taking your eyes off the road for as little as two seconds will double your risk of being involved in a crash.

Distracted driving involves any activity that takes your attention from the road, whether it is another passenger, adjusting the stereo, or texting. The National Highway Traffic Safety Administration (NHTSA) reports that one in every ten fatal accidents in the United States involves a distracted driver. That means that more than 3,000 deaths are caused by distracted driving each year. Distracted driving is also likely responsible for roughly 18 percent of all accidents that result in injuries.

Examples of Distracted Driving

With the increase in technology, distracted driving seems to be an even more serious issue today. The AAA report regarding traffic safety culture indicated that 85 percent of respondents thought that distracted drivers are a much larger problem today than they were only three years ago.

Distracted driving comes in many forms. Examples include:

  • Reading
  • Running navigational systems
  • Watching videos
  • Engaging on social media
  • Adjusting the radio
  • Grooming
  • Eating and drinking
  • Using a cell phone or smartphone
  • Texting

Many other types of distractions could affect your driving ability as well.

Types of Distracted Driving

Texting and engaging in social media is particularly egregious because it involves manual, visual, and cognitive distraction.

  • Manual distraction: You should have both hands on the wheel to maintain control of the vehicle. When your hands leave the wheel for any reason, you are engaging in manual distraction. Think of the huge number of activities that you engage in while you are driving that could be considered manual distraction because your hands leave the wheel.
  • Visual distraction: Your eyes should be on the road or scanning for threats or obstacles around you. When your eyes avert to children, electronics, or anything else, you are engaging in visual distraction.
  • Cognitive distraction: This type of distraction is the hardest to recognize. Anytime your mind wanders to matters other than driving, you are engaging in cognitive distraction. Talking to others or otherwise being preoccupied are both forms of distracted driving.

Distracted Driving and Younger Drivers

Younger drivers are more likely to engage in distracted driving. Ten percent of drivers between the ages of 15 and 19 that were involved in fatal crashes were distracted at the time of the accident. This is the largest age group for those who were distracted at the time of an accident. Drivers between the ages of 16 and 24 also manipulate cell phone and other electronic devices at higher rates compared to older drivers.

Cell phones may quadruple the crash risk for every driver. Safety is a real concern for every driver because of cell phone use, especially because one in 20 drivers is using a cell phone at any given time while on the road. Even hands-free phones are not risk-free because they also cause a cognitive distraction.

Distracted driving can result in serious injuries. If you or a loved one has been affected by a distracted driver, you may have legal options. Call car accident attorney, Joel Williams at 833 – LEGALGA for more information.

Proving Fault in an Auto Accident

The foreground shows a blue car hitting the back of a black car with a woman and a man standing in the background holding their phones.

Traffic accidents can raise complex issues of fact and law, particularly when determining which party is responsible. Georgia is an “at-fault state,” meaning the party at-fault in an auto accident is on the hook to pay for the expenses of the other party. In some cases, determining fault is easy, and the at fault party won’t even contest it.  However, most car wrecks require an in depth investigation of the facts to determine who is at fault.

The Standard of Care

All drivers on the road have a duty to act with reasonable care towards each other. When a driver breaches this duty, they are said to be negligent. When a negligent driver causes an accident, they are at-fault and owe the other party compensation.

Here are the main factors courts will look to when determining fault:

Whether Rules of the Road Were Broken

One of the most common ways that courts determine which party was at fault in an accident is by looking to see if any traffic laws, or “rules of the road,” were violated. Georgia’s rules of the road, which are a part of the Georgia Code, can be found here. When a violation of these rules caused or was a substantial factor in causing an accident, there is a presumption that the driver in violation was at fault. This is referred to as negligence per se.

However, even when a driver is found to be negligent per se, they still have an opportunity to refute the presumption of negligence and show that the accident was not their fault. Also, it is important to note that a violation of a traffic rule that was not actually a cause of the accident would not be relevant to the issue of fault.

The Type of Accident

For certain types of accidents, fault is predictable. A rear-end collision is almost always the fault of the driver of the vehicle who was coming from behind, because it usually means they were following too close or not paying attention. In accidents where a car is turning left and hits another car head-on, it is almost always the fault of the car turning left because they should have seen the oncoming traffic.

Courts will naturally pay attention to these patterns. But, there are many significant exceptions to these generalities. For instance, if a driver applies the brakes abruptly, cuts another car off, goes well below the speed limit, or was driving without functioning brake lights, they may be the one at fault when they get rear-ended. Similarly, if a left-turning driver is hit by a speeder or a person running a red light, the accident likely isn’t their fault.

What the Police Report Says

A police report can be powerful evidence of fault in a subsequent lawsuit. If you are ever in an accident that was not your fault, you should try to get one. Whether a police report will be available will depend on the severity of the accident, as well as where the accident occurred. Some cities, towns, and rural areas may not have the resources to create police reports for every accident; however, in most instances it will be possible to get one. For instance, Atlanta works to make car-accident police reports available to all those who request one.

If You Have Been in an Auto Accident, Williams Elleby Howard & Easter Can Help

If you have been involved in an auto accident, it is crucial to consult with a qualified attorney to understand your rights. Attorney Joel Williams has experience with these types of cases. He can investigate the facts of your case, explain your rights, and help you get a fair outcome. If you would like more information about this issue or would like to discuss your case, please call us at 833-LEGALGA to schedule your free consultation.

Know Your Rights as a Cyclist

A woman in white jeans and a navy jacket riding a white bicycle through city streets with other cyclists in the blurry background.

The weather has cooled off in Georgia, so more folks are going outdoors to ride their bike. There are plenty of trails to choose from in and around Cobb County, but it’s not uncommon for recreational cyclists or commuters to share the road with cars. If you plan on going out on two wheels this season, the team at Williams Elleby Howard & Easter wants to make sure you know your rights as a bicyclist.

Where You Can Ride

In Georgia, bicycles are considered a vehicle like a car or a truck, so bicycles are allowed in the same areas as they are with just a few exceptions. If there’s a bike lane, you should ride in it. You can ride on various trails in the area, such as Noonday Creek trail, or you can join a cycling club to find out about other areas.

How You Can Ride

Georgia has a 3-foot passing law, which means drivers are required to give cyclists three feet of space when passing them.

Stay as close to the right side of the road or bike path as you can. Move from the right side only to avoid hazards or to turn left. Use hand signals to alert other drivers that you’re about to make a turn.

When riding during evening hours, make sure you have a white light attached to the front of your bike and a red light attached to the back of the bicycle that can be seen up to 300 feet away. No red light is needed if you have a Department of Public Safety-approved reflector.

You can carry packages and bags as long as you keep at least one hand on your handlebars at all times. Two hands are safer, so we recommend investing in a basket or a backpack to store your goods in while you commute.

Riding with friends is fun but don’t allow your friend to ride on your handlebars. That will get you into trouble.

Only two riders can ride side by side on roads and bike paths unless you’re riding in a special event that has a permit indicating otherwise.

You don’t have to leave your children out of the fun if they’re at least a year old. Kids can ride in a bicycle trailer or in a sling on your body. Cyclists under 16 years of age must wear a helmet while riding their bike.

What to Do If You’re Injured in an Accident

  • Call the police and make sure that an accident report is filled out
  • Exchange insurance and contact information with the driver
  • Watch what you say and how you say it
  • Take pictures of the scene, your injuries, the driver’s car, and your bike
  • Keep a detailed journal of your physical injuries beginning on the day of the accident

If you or a loved one was involved in a bicycling accident, call attorney Joel Williams at 833-LEGALGA or contact us online for a free consultation.

5 Common Injuries After a Motorcycle Accident

A wrecked motorcycle laid in the road with a silver car in the background.

5 Common Injuries After a Motorcycle Accident

On a motorcycle, there is little protection between you and the road. Although that is often the appeal of riding a motorcycle, it can also result in very serious injuries after an accident. Wearing protective gear can help prevent or decrease the severity of the five most common motorcycle accident injuries in Georgia.

1. Road Rash

Road rash occurs when you slide across the pavement in an accident. Road rash can be brutal. It is similar to a rug burn, but it can actually cut through padding, clothing, and even your skin to expose tissue and bone. Road rash requires special treatment, and the development of infections is relatively common. Surface nerve damage, scarring, and permanent tissue damage can also result.

2. Head Injuries

In Georgia, bikers are required to wear helmets for good reason. Head injuries are one of the most common injuries sustained in a motorcycle accident. Head trauma can result in long-term health issues, including brain bruising, swelling, and bleeding. Head injuries can also be fatal. A helmet can help prevent objects from piercing the skull and distribute force so that a direct impact is not as dangerous. Keep in mind that the Georgia helmet law applies to passengers, too, and all helmets must comply with certain safety standards.

3. Neck Injuries

Neck injuries are just as common as head injuries, and they, too, can be fatal. The Centers for Disease Control and Prevention (CDC) reported that head or neck injuries comprise 22 percent of all motorcycle crash injuries. A neck injury can paralyze or kill a motorcyclist instantly. Minor injuries can result in bruising and swelling that can make it difficult to breathe. Concerns regarding the neck are one of the reasons that helmets often cover the face and part of the neck.

4. Injuries to the Legs and Feet

The CDC reported that 30 percent of all non-fatal motorcycle accidents involve some injury to the legs and feet. Shattered or broken bones are not uncommon because of the fall from the bike. Injury can also result when the motorcycle lands on top of the driver. Injury to the pelvis is a relatively common lower-extremity injury following a motorcycle accident. Severe damage to the pelvis could force a biker to use crutches or a cane for the rest of his or her life, so it’s important to wear long pants and appropriate shoes when riding a motorcycle.

5. Biker’s Arm

When a biker begins to lose control of his motorcycle and fall sideways, his first instinct is usually to reach out to steady himself. This is a natural human reaction. Unfortunately, the force of the fall often means doing this causes more harm than good, including broken wrists, arms, and elbows and long-term nerve damage.

Motorcycle accidents often result in serious or life-threatening injuries. If you or a loved one was involved in an accident, call a motorcycle wreck attorney at Williams Elleby Howard & Easter today at 833 – LEGALGA for a free consultation.

Understanding Traumatic Spinal Injury

A male doctor wearing a white coat, red tie and stethoscope holding a model of the human spine and pointing to it with a ballpoint pen explaining something to the male patient on his left.

Traumatic spinal cord injuries are among the most serious a person can sustain. In the U.S., roughly 12,000 new traumatic spinal cord injuries are diagnosed every year, not including those from people who die on the scene of the accident.

What Is A Traumatic Spinal Cord Injury?

Injuries to the spinal cord take place when there is damage to the ligaments, vertebrae, or disks of the spinal column or on the spinal cord. While nontraumatic spinal cord injuries can be caused by arthritis, cancer, or infection, traumatic spinal cord injuries are brought on by a sudden, a forceful blow to the spine, consequently fracturing, crushing, dislocating, or compressing the vertebrae.

Traumatic spinal cord injuries may either be complete or incomplete, leading to full or partial paralysis and loss of both motor and sensory functions. Motor vehicle accidents are the most common cause of traumatic spinal cord injury, accounting for over 35 percent of new cases. Other causes of traumatic spinal injury include:

  • Slip and fall accidents – Roughly 25 percent of new cases are from slip and falls. Typically spinal cord injuries from fall accidents are most common among people over the age of 62.
  • Violence – Traumatic spinal cord injuries may also be sustained from certain acts of violence including gunshot and knife wounds.
  • Sport/Recreation Accidents – People may sustain an injury during athletic activities, including impact sports and diving. They account for roughly 9 percent of cases.

Alcohol also factors into spinal cord injuries and roughly 1 in 4 new spinal cord injury cases involve alcohol in some way.

Symptoms Of Traumatic Spinal Injury

Spinal cord injuries may manifest immediately or develop within a few hours of the accident. Since reducing the severity of spinal cord injuries is heavily dependent on getting treatment early, anyone who receives head or neck trauma should see a doctor as soon as possible for evaluation.

Signs and symptoms of traumatic spinal injury include, but are are not limited to:

  • Loss of motor and sensory functions
  • Loss of bladder control
  • Extreme pain/pressure in the back, neck, or head
  • Issues with coordination or paralysis of any body part
  • Numbness, tingling, or loss of sensation in extremities
  • Difficulty breathing after an injury
  • Having the neck or back in an oddly twisted position

Treatment Options

Unfortunately, there is no medical treatment that will completely heal or reverse a traumatic spinal cord injury. When stabilizing the injury, medical professionals may turn to surgery, medications, and immobilization. Afterwards, most treatment plans are based on relieving pain and helping victims adjust to their new limitations.

Filing A Lawsuit?

Traumatic spinal cord injuries mean adjusting to limitations for victims and their families. Medical treatment and lifestyle changes are extremely expensive and the mental health issues can be even more taxing. If you or a loved one has suffered a traumatic spinal cord injury in Cobb County, Georgia, Williams Elleby Howard & Easter  is here to help. Our legal team has years of experience helping victims recover damages for their injuries.  Let us do the same for you.

Can A Pedestrian Be At Fault For A Car Accident?

A crosswalk sign with a signal of a person walking.

You may have heard the common saying, “Pedestrians always have the right-of-way.” It’s probably because of this saying that many Georgia drivers believe pedestrians can never be at fault in a car accident, but that’s not always true. Although most pedestrian-related car accidents are caused by negligence on the part of the motorist, there are circumstances where pedestrians can be at fault for accidents.

Fault In Georgia

The most crucial element for knowing if you can recover any damages for your car accident is fault. Georgia is an at-fault state, meaning you can collect compensation for the percentage of damages for which you were not responsible. However, if you are 50 percent or more responsible for the accident, you cannot claim any damages. As an example, if a driver was in an accident with a pedestrian and the pedestrian was 60 percent at-fault, the driver could collect 60 percent of the damages. If the accident was caused 50 percent by the pedestrian and 50 percent by the driver, neither party could sue for damages.

When A Pedestrian Could Be At Fault

Usually pedestrian accidents are caused by driver inattentiveness and negligent behaviors, such as using a cell phone, eating, speeding, or aggressive driving. While they won’t be able to cause as much damage as a car, a pedestrian could be considered negligent and at fault for an accident if they can be proven to have acted without reasonable care for their own safety. The following could be considered negligent behavior on the part of a pedestrian:

● Walking or running into traffic
● Not using designated crosswalks/jaywalking
● Failing to pay attention while using cell phone, playing music, etc.
● Crossing during a “don’t walk” signal

Pedestrians are also more likely to be involved in accidents if they are intoxicated. According to the National Highway Traffic Administration, 34 percent of pedestrian crash victims had blood alcohol levels of 0.08 g/dL or more.

What To Do If You Are In A Pedestrian Crash

If you are driving and are in an accident with a pedestrian it is very important that you take the proper steps in the aftermath. Regardless of whether you believe the accident was the fault of the pedestrian or your own, stop the car and check for injuries. Make sure to provide aid to the pedestrian if necessary. Gather any evidence, through photographs, and exchange information with all parties involved in the accident. Report the accident and cooperate with appropriate law enforcement. You should report the accident to your insurance company. Because hitting a pedestrian can be punishable both civilly and criminally, it is important to speak to an attorney about your options.

Contact An Attorney For Help With Your Car Accident

Vehicle-pedestrian accidents can lead to devastating injuries, regardless of who was at fault in the accident. If you’ve been involved in a pedestrian crash in Cobb County, either as a driver or as a pedestrian, it’s important to speak to an attorney regarding your rights. Contact Williams Elleby Howard & Easter to speak to an experienced car accident attorney who can help you with your case in Marietta, Cobb County, Atlanta, and anywhere in Georgia. 833-LEGALGA