GA Pedestrian Accidents: Are You Walking Into a Trap?

A pedestrian accident in Alpharetta, Georgia can lead to devastating injuries, impacting victims and their families for years to come. Understanding the types of injuries commonly seen in these cases is crucial for pursuing fair compensation. But what are the most frequent and severe injuries sustained by pedestrians hit by cars, and how do they affect the legal claims process?

Common Head Injuries

Head injuries are tragically common in pedestrian accidents. The force of impact can cause a range of injuries, from mild concussions to severe traumatic brain injuries (TBIs). Even what seems like a minor head injury should be taken seriously because the long-term effects can be debilitating. We’re talking about problems with memory, concentration, personality changes – things that can drastically alter someone’s life.

Symptoms of a TBI can include headaches, dizziness, confusion, memory loss, and even seizures. In more severe cases, TBIs can lead to permanent cognitive and physical disabilities. The cost of treating a TBI can be astronomical, including ongoing medical care, rehabilitation, and lost wages. According to the Centers for Disease Control and Prevention (CDC) traumatic brain injuries are a major cause of death and disability in the United States, highlighting the seriousness of these injuries.

Skull Fractures

A skull fracture is a break in the bone surrounding the brain. These fractures can be linear, depressed, or basilar, each with its own potential complications. Depressed skull fractures, where the bone is pushed inward, often require surgery to relieve pressure on the brain. Basilar skull fractures, located at the base of the skull, can lead to cerebrospinal fluid leaks and an increased risk of infection.

Concussions and Post-Concussive Syndrome

A concussion is a mild TBI caused by a bump, blow, or jolt to the head. While many people recover fully from a concussion, some develop post-concussive syndrome (PCS). PCS symptoms can persist for weeks, months, or even years after the initial injury and include headaches, dizziness, fatigue, irritability, and difficulty concentrating. I had a client last year who suffered a concussion in a pedestrian accident on North Point Parkway. While the initial injury seemed minor, she developed PCS and was unable to return to work for over six months. The insurance company initially downplayed her symptoms, but we were able to secure a settlement that covered her lost wages and medical expenses.

Lower Extremity Fractures

The legs and feet are often the first point of impact in a pedestrian accident, making lower extremity fractures extremely common. These fractures can range from hairline cracks to compound fractures requiring surgery and extensive rehabilitation. The severity of the fracture depends on several factors, including the speed of the vehicle, the point of impact, and the pedestrian’s age and overall health.

Common lower extremity fractures seen in pedestrian accidents include:

• Tibia and fibula fractures: These fractures involve the two long bones in the lower leg. They often require surgery to stabilize the bones with plates, screws, or rods.
• Femur fractures: A femur fracture, or broken thighbone, is a serious injury that typically requires surgery and a lengthy recovery period.
• Ankle fractures: Ankle fractures can involve one or more of the bones in the ankle joint. Treatment may include casting, bracing, or surgery.
• Foot fractures: Fractures of the foot bones are also common and can significantly impact a person’s ability to walk and stand.

Recovery from lower extremity fractures can be a long and arduous process, often involving physical therapy, pain management, and assistive devices like crutches or walkers. In some cases, individuals may experience permanent limitations in their mobility.

Spinal Cord Injuries

Although perhaps not as frequent as head or leg injuries, spinal cord injuries (SCIs) are among the most catastrophic injuries someone can sustain in a pedestrian accident. The spinal cord is a bundle of nerves that transmits signals between the brain and the rest of the body. Damage to the spinal cord can result in loss of motor function, sensation, and bowel and bladder control. The level and severity of the SCI determine the extent of the disability. For example, an injury higher up on the spinal cord leads to more widespread paralysis. According to the National Spinal Cord Injury Statistical Center (NSCISC) the lifetime costs associated with an SCI can range from hundreds of thousands to millions of dollars, depending on the severity of the injury.

SCIs are classified as either complete or incomplete. A complete SCI means that there is no motor function or sensation below the level of the injury. An incomplete SCI means that there is some motor function or sensation below the level of the injury. Treatment for SCIs typically involves surgery, rehabilitation, and ongoing medical care. While there is no cure for SCI, advancements in medical technology are constantly improving the quality of life for individuals with these injuries.

Internal Injuries

Pedestrian accidents can cause significant internal trauma, which can be life-threatening if not promptly diagnosed and treated. Internal injuries can involve damage to organs, blood vessels, and other internal structures. These injuries are not always immediately apparent, making it essential to seek medical attention after a pedestrian accident, even if you don’t feel like you’re seriously hurt. Here’s what nobody tells you: adrenaline can mask pain immediately after an accident. Get checked out!

Common Types of Internal Injuries

Some of the most common internal injuries seen in pedestrian accidents include:

• Internal bleeding: Internal bleeding can occur in any part of the body and can be caused by damage to blood vessels or organs. Symptoms of internal bleeding can include abdominal pain, dizziness, weakness, and shortness of breath.
• Organ damage: The impact of a pedestrian accident can cause damage to organs such as the liver, spleen, kidneys, and lungs. Organ damage can lead to a variety of complications, including internal bleeding, infection, and organ failure.
• Pneumothorax (collapsed lung): A pneumothorax occurs when air leaks into the space between the lung and the chest wall, causing the lung to collapse. This can be caused by a rib fracture or other trauma to the chest.

Diagnosing internal injuries often requires imaging tests such as CT scans, MRIs, and ultrasounds. Treatment may involve surgery, blood transfusions, and other medical interventions. The long-term effects of internal injuries can vary depending on the severity of the injury and the individual’s overall health.

Georgia Law and Pedestrian Accidents

Georgia law provides pedestrians with certain rights and protections. Drivers have a duty to exercise reasonable care to avoid hitting pedestrians. This includes obeying traffic laws, maintaining a safe speed, and being aware of their surroundings. However, pedestrians also have a responsibility to exercise caution and obey traffic signals. O.C.G.A. § 40-6-91 outlines the rules for pedestrians, including crossing at crosswalks and obeying traffic signals.

One critical aspect of Georgia law that affects pedestrian accident cases is the principle of comparative negligence, as outlined in O.C.G.A. § 51-12-33. This law states that if a pedestrian is partially at fault for an accident, their compensation can be reduced by their percentage of fault. If the pedestrian is found to be 50% or more at fault, they are barred from recovering any damages. For example, if a pedestrian crosses against a “Don’t Walk” signal at the intersection of Windward Parkway and GA-400 and is hit by a car, they may be found partially at fault. If a jury determines that the pedestrian was 30% at fault, their compensation would be reduced by 30%. If they are found to be 50% or more at fault, they recover nothing. This is why it’s so vital to have an attorney on your side who can vigorously defend you against accusations of negligence.

Seeking Legal Assistance in Alpharetta

Navigating the aftermath of a pedestrian accident in Alpharetta, Georgia can be overwhelming. Dealing with insurance companies, medical bills, and lost wages can be incredibly stressful, especially while you’re trying to recover from your injuries. An experienced Alpharetta personal injury attorney can help you understand your rights, investigate the accident, gather evidence, and negotiate with the insurance company on your behalf. We ran into this exact issue at my previous firm. The insurance company tried to deny the claim, arguing that the pedestrian was jaywalking. But we were able to obtain video footage from a nearby business that showed the pedestrian had the right-of-way. We used Evernote to organize all of the evidence and notes related to the case.

A skilled attorney can also help you file a lawsuit if necessary and represent you in court. The statute of limitations for personal injury cases in Georgia is two years from the date of the accident (O.C.G.A. § 9-3-33), so it’s essential to seek legal assistance as soon as possible. Don’t delay. Building a strong case takes time. Waiting too long can jeopardize your ability to recover the compensation you deserve.

Don’t let the insurance company pressure you into accepting a lowball settlement. Contact an Alpharetta attorney today to discuss your case and learn about your options. They can assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future medical care. With the right legal representation, you can focus on your recovery while your attorney fights for the compensation you need to rebuild your life. Many firms, including ours, offer free initial consultations.

Moreover, if you’ve been hit in Alpharetta, understanding the necessary steps is crucial. To protect your rights and maximize your chances of a fair settlement, consult with an Alpharetta attorney specializing in pedestrian accidents immediately. A strategic approach from the outset can make all the difference in securing your financial future.

Don’t assume that the insurance company is on your side. Their goal is to minimize their payout.