Atlanta is one of the busiest cities in the US, and thousands of pedestrians walk through the downtown area every day. The Buford Highway is consistently cited as one of the most dangerous places for pedestrians in Atlanta, but serious accidents can happen anywhere in the city for various reasons. Wrongful death claims after Atlanta pedestrian accidents may be necessary when these accidents have fatal results.
Understanding Wrongful Death Claims After Atlanta Pedestrian Accidents
In Georgia, all vehicle accidents, including pedestrian accidents, are resolved on a fault basis. Whoever caused the accident is liable for the resulting damages, and an injured victim will need to prove fault for their accident before they can claim any compensation for their damages. When the victim does not survive, their family can pursue a wrongful death claim in place of the personal injury case the victim could have filed if they had survived.
The Georgia Governor’s Office of Highway Safety reported 8,660 suspected serious injuries from vehicle accidents in 2022, and bicyclists and pedestrians accounted for about 8% of these injuries. There were 176 recorded pedestrian fatalities from accidents in the Atlanta region in 2022. Whenever a motor vehicle driver hits a pedestrian, there is a very high risk of the accident resulting in catastrophic or fatal injuries.
If you recently lost a family member in a fatal pedestrian accident, an experienced Atlanta wrongful death lawyer can help you build a case against the at-fault driver. A successful wrongful death case can hold the defendant accountable for your family’s losses and provide valuable compensation that will help your family address the financial impact of the victim’s unexpected death.
Building a Wrongful Death Claim for a Fatal Pedestrian Accident in Atlanta
Success with any wrongful death claim in Atlanta hinges on your ability to prove that a defendant directly caused the death in question through some type of negligence or intentional misconduct. Pedestrian accidents can result from distracted driving, speeding, moving violations, or illegal acts like drinking and driving. Hire a wrongful death lawyer as soon as possible so they can gather and preserve crucial evidence for your case.
Your family may be able to recover some compensation with an auto insurance claim against the at-fault driver, but this is unlikely to yield appropriate compensation for all of your family’s economic and non-economic damages. In a wrongful death case, the family of the victim has the right to claim compensation for funeral costs, damages to the deceased’s estate, lost financial support, and the pain and suffering they have experienced because of the death.
Ultimately, resolving the legal aftermath of a fatal pedestrian accident in Atlanta can be incredibly difficult without an attorney’s help. The team at Hall & Lampros, LLP has more than 60 combined years of experience representing clients in the Atlanta region in a wide range of difficult accident cases, and we are confident we can help you and your family. Reach out to our firm as soon as possible to learn more about our legal services.
FAQs
Will the At-Fault Driver Go to Jail for Causing a Fatal Pedestrian Accident?
An at-fault driver could go to jail for causing a fatal pedestrian accident if they broke the law in causing it. For example, if your family member was struck and killed by a reckless or drunk driver, that driver is likely to face criminal prosecution from the state, along with your civil wrongful death claim. Penalties for criminal offenses in Georgia increase dramatically when defendants have caused serious bodily injury or death, so jail time is a likely outcome.
Who Is Eligible to File a Wrongful Death Claim in Georgia?
In Georgia, the closest surviving family members of the victim are eligible to file a wrongful death claim, and the state follows a strict order of priority. First in line to file this claim would be the surviving spouse. If there is no surviving spouse, next in line would be surviving children, followed by surviving parents. If no such kin are able to file the claim, then the estate administrator of the deceased’s estate could file the wrongful death claim.
How Much Is a Wrongful Death Claim Worth in Atlanta?
The value of a wrongful death claim in Atlanta varies based on multiple factors. You should hire a wrongful death lawyer with proven experience handling these cases to increase your chances of securing as much compensation as possible for the wrongful death. It’s possible to recover compensation for funeral and burial expenses, lost financial support the victim can no longer provide, damages to their estate, and pain and suffering.
How Do You Prove Fault for a Wrongful Death in Atlanta?
Proving fault for a wrongful death in Atlanta may require various types of evidence that a skilled attorney can obtain on your behalf. If any witnesses saw the death happen firsthand, their statements could be valuable to your case. An Atlanta wrongful death attorney will know what evidence you need to show liability for a fatal pedestrian accident, and they can gather and preserve this evidence swiftly so you can prove fault and hold the defendant accountable.
Why Should I Hire a Wrongful Death Lawyer for a Fatal Pedestrian Accident?
You should hire a wrongful death lawyer for a fatal pedestrian accident to have a better chance of not only proving liability, but also of securing appropriate compensation for you and your family’s damages. The right attorney can gather crucial evidence and help you meet procedural deadlines for filing the case with the court. They can also guide you through your proceedings efficiently and increase your chances of reaching a favorable outcome.
Losing a loved one unexpectedly in a fatal pedestrian accident in Atlanta is a traumatic experience, and no amount of money can replace the victim. However, a successful wrongful death suit can provide a sense of closure and secure compensation that will help you and your family address the financial impact of the victim’s death. Contact Hall & Lampros, LLP today to schedule a free consultation with our team and learn how we can help with your case.
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