A pedestrian accident is any accident involving a person traveling by foot. This definition includes both accidents that only involve pedestrians, such as a pedestrian falling on uneven sidewalk, and also accidents that involve vehicles as well. The key legal question after a pedestrian accident is: was the accident caused by the negligent actions of another?
Negligence, which is a failure to take reasonable steps to protect others from harm or injury, can only be established when the plaintiff can successfully argue that there was a legal duty owed and breached to the plaintiff (whether through taking action or not taking action) and that an injury or accident occurred with a result of injury. If this criteria can be successfully argued in court, then the pedestrian who was injured will be entitled to a personal injury settlement.
The process to determine how much a personal injury settlement is worth depends on a number of factors, including the pain and suffering of the victim, the medical expenses the victim faces, any time the victim was forced to miss work, and other expenses accrued as a result of the injury.
An Atlanta pedestrian accident attorney may be able to provide more information regarding these types of incidents.