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Proving Fault in a Georgia Pedestrian Accident Case

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According to United States Department of Transportation data an average of over 60,000 pedestrians are injured in accidents with vehicles in the United States each year. The Research and Innovative Technology Administration (RITA) published a study that showed most pedestrian injuries occur at night.

If you are injured a Clayton County pedestrian accident attorney at the Law Offices of Shane Smith can review the incident and advise you of your legal rights.

Accident evidence is the key in effectively filing a claim in a Georgia pedestrian accident case. Georgia law entitles an injured pedestrian to collect damages if he is less than 50 percent at fault for the accident.

Compelling evidence illustrating that a pedestrian was not at fault determines the success of a claim. Pedestrians who are distracted by a cell phone, wearing earphones or who were jaywalking at the time of an accident have a more difficult case than those who were alert and had the right-of-way at the time of the accident.

Evidence can be obtained that will help in a pedestrian accident claim. This can include:

  • Police reports, including toxicology results (if tests were administered by the police)
  • Eyewitness accounts
  • Accident scene photographs, including skid marks
  • Security camera videotapes or still photos from a traffic cam

Victims should seek the assistance of a Clayton County pedestrian accident attorney to protect their rights by securing police reports, eyewitness testimony and physical evidence and to deal with insurance representatives. Victims should call the Law Offices of Shane Smith for a free legal consultation.

Category: Pedestrian Accidents

Shane Smith
Advocate for the Seriously Injured in Georgia

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