Pedestrian Accidents at Night

Pedestrians are among the most vulnerable people on and around Atlanta’s roadways – particularly at night. Fortunately, in many cases, people who are injured in pedestrian accidents can recover compensation for their injury-related losses, including their medical expenses, lost income, lost quality of life, and physical and emotional pain and suffering. If you or a loved one has suffered an injury in a nighttime pedestrian accident, you should call Slappey & Sadd today to schedule a free case evaluation with an Atlanta pedestrian accident lawyer.

Because pedestrian injuries can be more severe and extensive than those of a protected vehicle occupant, their recoveries are often longer and more painful. They usually miss more work than auto accident victims who are better protected from the force of a collision. The value of a fair settlement offer is highly dependent upon the severity of the injuries the victim suffered. It is therefore important to understand the types of injuries that can be sustained in a pedestrian accident, and the varying levels of severity that can occur. Here are just some of the many types of injuries a pedestrian can sustain in an auto accident:

Any damage to the brain caused by force (“trauma”) is known as a traumatic brain injury . The injuries range in severity. A mild TBI might result in a concussion that resolves with a few days of rest. Moderate TBIs might require the intervention of a neurologist, or a longer recovery period. The most severe TBIs can result in permanent brain damage. Some of these victims will never fully recover, or regain the functionality they enjoyed before their injury. Cognition, sensation, mobility, and fine motor skills can all be affected. Some victims of severe TBIs are permanently unable to return to return to work.

Like the brain, the spinal cord plays a vital role in the body’s ability to function. Injuries can cause loss of sensation or mobility. Mild injuries might require occupational or physical therapy to restore the victim’s ability to move and function. More severe spinal cord injuries can permanently impair the victim’s ability to walk or move. And in the most severe cases, a victim can be left paralyzed. This clearly has catastrophic consequences for a victim whose life will never be the same. The victim can be left unable to work. Even basic skills, such as bathing and feeding oneself, might be beyond the paralyzed victim’s capabilities. Worst of all, they may be deprived of some of the most important moments in life. Walking across a stage at graduation, dancing at a wedding, or even picking up a child might be made impossible because of one driver’s negligent acts.

Injuries to the bones, muscles, tendons, and ligaments can be extremely painful. They might require surgical repair, and the recovery can involve months of physical therapy. Some orthopedic injuries can result in a permanent mobility deficit (such as a limp) or ongoing pain. A negligent driver who causes orthopedic injuries to a pedestrian is legally obligated to compensate all of these losses: the cost of surgery, the cost of ongoing physical therapy, and the pain and suffering endured during the painful recovery process.

Soft tissue injuries often involve sprains, strains, and other painful conditions. It can be difficult to see the effects of a soft tissue injury, as pain is subjective, and difficult to place a dollar value on. Insurance companies use these facts to their advantage. An adjuster might claim that your injuries weren’t “that bad,” or that your pain and suffering is nominal. The fact is that soft tissue injuries can be very painful. Negligent drivers (and their insurance carriers) have a legal obligation to compensate this pain and suffering. An experienced attorney will be able to protect an injured pedestrian’s right to compensation. Just because you didn’t require surgery or miss weeks of work doesn’t mean you didn’t suffer. It is important not to let the insurance company get away with these lowball tactics.

A negligent driver is responsible for compensating all of the losses he or she caused to an injured pedestrian. Some of these losses are easy to calculate: medical providers generate itemized bills with exact totals, and employers can provide the exact value of an employee’s lost wages. Other losses are far more difficult to quantify. What is the value of the loss of a limb? How can you put a dollar amount on the ability to pick up a child? What about a scar or other deformity? All of these are very real losses that can result from a driver’s negligence.

Because such losses are difficult to quantify, insurance adjusters are trained to offer standardized amounts for them. These amounts are often lower than is fair. They also do not take into account the personalized nature of a particular injury victim’s losses. A hand injury, for example, can be far more devastating to a concert pianist than a voice actor. This difference in this loss must be accounted for in a fair compensation offer. Even if an injury victim was unusually susceptible to the injury, or the victim’s losses were greater due to the nature of the work, the negligent driver is still legally obligated to compensate all of the losses that this particular victim suffered.

Pedestrians experience some of the most severe auto accident injuries. As a result, they are often entitled to more extensive and comprehensive compensation than victims with mild injuries. If you or a loved one has been injured as a pedestrian in an auto accident, you need an experienced auto accident attorney fighting for your right to compensation for all your losses. Medical bills already paid, medical expenses likely to be incurred in the future, lost wages, loss of future earning capacity, pain and suffering, and loss of enjoyment of life are just some of the losses for which you are owed compensation. The experienced pedestrian auto accident attorneys at Slappey & Sadd can help you obtain the compensation you deserve. Call 404.255.6677 to schedule your free consultation today or contact us online.