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Recent Important Appellate Decisions for Personal Injury Lawyers

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Shiver Hamilton Campbell Atlanta Personal Injury Lawyer
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Pedestrian Collision Experts

pedestrian

Collisions between vehicles and pedestrians – be they walkers, bikers, joggers or anyone else outside a vehicle — are some of the most tragic.  It is no surprise that when a several thousand pound automobile and a human being collide, the vehicle wins every time.

Seeking justice for pedestrian collision victims is tricky.  First of all, often the pedestrians are hurt too badly to tell “their side of the story.”  That means law enforcement will only hear the potentially at fault driver’s side of the story, which predictably involves some version of ‘he darted out in front of my car.’  The law and facts must be closely studied, and thoroughly understood, by a lawyer representing a pedestrian.  Too often, insurance companies and others looking at these cases rush to judgment that the pedestrian must be at fault for not yielding the ‘right of way’ unless the pedestrian was in a marked crosswalk or the vehicle was running a traffic signal.

Fortunately, if the right information and evidence is collected and preserved then an expert witness working with an experienced lawyer can provide an accurately reconstructed scene or a diagram that provides collision analysis.

In reality, the law and  facts are more complicated than that.  Such factors as sight-distance, perception-reaction times, conspicuity of clothing, vehicle and pedestrian trajectory analysis, lighting and environmental condition play a major role in determining where responsibility lies.  There is also an important concept known as entering the roadway “under safety,” which protects the pedestrian and requires motorists to yield.

Useful information in a pedestrian collision case includes:

  • Statements from witness (remember always get witness contact information while at the scene in case you need to contact that person in the future)
  • Photos
  • Footage
  • Measurements of the scene
  • Skid marks,
  • Road conditions,
  • Time of day
  • Weather conditions
  • Vehicle condition
  • and information about the other surrounding circumstances

Experts will use the above data and apply laws of physics to evaluate the collision. This analysis and reconstruction models can help a jury understand what actually caused the accident and in essence prove the case.

Jeff and I, as well as our staff and consultants, are trained, skilled and experienced in investigating and handling pedestrian collision and bicyclist cases.  We work with top experts and do not hesitate to allocate the necessary resources to cases we investigate.  We also move quickly – time truly is of the essence in these cases while the physical evidence still exists and witness memories are fresh.

If you or a loved one has been involved in a pedestrian versus automobile accident, you may need an Atlanta personal injury lawyers.  Knowing where to turn and who to hire as your attorney can be the difference between recovering what you deserve and having your claim denied by an insurance company.

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