Marietta Man Killed Crossing I-75

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Results

$12.5 Million
Brain Injury
$7.2 Million
Brain Injury
$5 Million
Wrongful Death
$4 Million
Trip & Fall
$3.6 Million
Motorcycle Accident
$3.2 Million
Work Place Injury
$2.7 Million
Sexual Battery
$1.9 Million
Work Place Injury
$1.5 Million
Trucking Accident
$1.2 Million
Auto Accident
$1.2 Million
Auto Accident
$1 Million
Premises Liability
$750K
Auto Accident

On October 17, a man was struck by a motor vehicle while crossing I-75 on foot. The victim was pronounced dead on the scene, and the driver of the car that struck him indicated that the victim walked out into the lane in front of his vehicle. In Georgia, there were 261 pedestrian fatalities in 2018, and 253 in 2017. Pedestrian deaths in Georgia increased by 60% between 2013 and 2018. Authorities are still investigating the circumstances of the incident and the cause of the pedestrian crossing the highway on that point.

Pedestrians who suffer injuries after being struck by motor vehicles may be entitled to recover damages by filing a personal injury claim.

Negligence and Personal Injury Claims

Under Georgia law, a pedestrian or any other plaintiff claiming damages in a negligence claim must show the following elements, as determined by the Georgia Supreme Court in Johnson v. American Red Cross:

  • A legal duty to follow a standard of conduct;
  • A breach of the duty;
  • A causal connection between breach of the duty and the resulting injury; and
  • Damage to the plaintiff.

Pedestrian Rights and Duties Under the Law

The Georgia Code states that a pedestrian has the right of way when crossing the street at a crosswalk. Under Section 40-6-91:

  • A vehicle must stop to allow a pedestrian to cross the roadway in front of it if that pedestrian is crossing within a crosswalk.
  • A pedestrian cannot suddenly leave a curb and walk or run into the path of an oncoming vehicle.
  • If a vehicle is stopped at a crosswalk to let a pedestrian cross in front of it, another driver approaching from the rear may not overtake and pass the stopped vehicle.

However, Section 40-6-92 states that:

  • Pedestrians crossing the road who are not using a designated crosswalk must yield to oncoming vehicles.
  • Pedestrians crossing the road under a pedestrian tunnel must yield to oncoming vehicles since they are crossing the roadway instead of using the designated pedestrian crossing.
  • Where traffic-control signals exist, pedestrians must cross at a marked crosswalk.
  • Pedestrians may not cross intersections diagonally.

It is important to note that in evaluating a negligence claim by a pedestrian who suffered damages in an accident, the competent court will also analyze and determine whether the pedestrian as well as the driver complied with the statutory language discussed above. The result of this analysis could determine how the court would rule. It can also impact the amount of damages in case damages are awarded. 

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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