Halloween is a time of excitement and celebration in Atlanta. The streets are filled with children in costumes, families out trick-or-treating, and homes adorned with spooky decorations. However, the fun of Halloween also comes with an increased risk of pedestrian accidents, particularly as foot traffic rises and visibility decreases. If you’re involved in a pedestrian accident during this busy time, it’s important to understand what steps to take to protect your health and your legal rights.
Why Halloween Week Increases Pedestrian Injuries in Atlanta 
Halloween week brings an unusual volume of foot traffic to Atlanta’s streets. As dusk falls and night takes over, children and adults alike take to the sidewalks, crossing streets and navigating intersections. In neighborhoods like Buckhead, Midtown, and Old Fourth Ward, this uptick in pedestrian activity leads to an increased risk of accidents, particularly at busy intersections.
A significant factor contributing to the higher number of pedestrian injuries during this time is poor visibility. As it gets darker, pedestrians, especially those in costumes that may not be easily seen by drivers, are at a higher risk. Furthermore, both pedestrians and drivers are often distracted. Pedestrians are focused on their candy and excitement, while drivers may be navigating unfamiliar areas or distracted by Halloween celebrations. The combination of these factors creates a hazardous situation that leads to increased injuries.
Another risk is the influx of impaired drivers. With parties and gatherings happening throughout the city, some drivers may be under the influence, further reducing their ability to safely navigate the streets. This, combined with the congestion of Halloween traffic, can create a perfect storm for accidents.
What to Do After a Pedestrian Accident in Atlanta
If you find yourself or a loved one involved in a pedestrian accident during Halloween week in Atlanta, it’s crucial to know how to act. Taking the right steps immediately following the incident can help ensure your safety and preserve your ability to seek legal compensation later.
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The first thing you should do is ensure your safety. If possible, move out of the roadway to prevent further accidents. Call 911 right away and report the incident. Emergency responders will assess any injuries and ensure that medical help arrives as soon as possible. Even if the injury feels minor at first, it’s always better to get a professional medical evaluation.
While waiting for emergency services, it’s important to gather as much evidence as you can. If you’re able, take photos of the scene, including the surroundings, any damages to vehicles involved, and visible injuries. If there are witnesses to the accident, make sure to get their contact information, as their statements could be invaluable if you decide to pursue a claim later on.
It’s essential not to discuss fault at the scene. Even if you believe the driver was at fault, avoid apologizing or admitting blame. Conversations about fault should be left to law enforcement and insurance adjusters. Anything you say at the scene could potentially be used against you later.
Once you’ve received medical treatment and reported the accident, contact your insurance company. If you have personal injury protection (PIP) coverage, your insurance may help pay for medical bills and lost wages, regardless of who caused the accident. However, you may still need to pursue additional compensation through the driver’s insurance, especially if the driver was at fault.
Finally, it’s advisable to consult with an experienced personal injury attorney. Pedestrian accidents are often complex, and having a skilled lawyer can make all the difference in ensuring you receive the compensation you deserve. They can assist with gathering evidence, communicating with insurance companies, and filing a lawsuit if necessary.
Georgia’s Comparative Negligence Rule and Its Impact on Pedestrian Injury Cases
Georgia follows a modified comparative negligence rule, which allows injured parties to recover damages even if they are partially at fault for the accident. Under this rule, however, if you are found to be more than 50% at fault for the accident, you will be barred from receiving any compensation. If you are found to be partially responsible, your compensation will be reduced in proportion to your degree of fault.
For example, if the pedestrian accident was partially caused by jaywalking or not using a marked crosswalk, your damages might be reduced by the percentage of fault assigned to you. A personal injury lawyer will help evaluate the facts of the case and fight to ensure that you are not unfairly held responsible for the accident.
Verdicts & Settlements
Injuries from Pedestrian Accidents and What You Can Recover
Pedestrian accidents, particularly during Halloween, can result in a wide range of injuries. Common injuries from such accidents include fractures, head trauma, and spinal injuries. Broken bones are frequent, especially in the arms and legs, as well as facial injuries from impact with the ground or vehicle. More severe injuries include traumatic brain injuries (TBI), which can have long-lasting cognitive effects, and spinal cord injuries, which may lead to paralysis.
If you’ve been injured in a pedestrian accident, you may be entitled to compensation. This compensation can cover a variety of damages, including medical expenses, lost wages, pain and suffering, and emotional distress. In cases where the driver was particularly reckless or under the influence, punitive damages may also be awarded.
How The Keenan Law Firm Can Help You After a Pedestrian Accident
Pedestrian accidents can be life-altering, and navigating the legal process afterward can be overwhelming. The Keenan Law Firm is dedicated to helping victims of pedestrian accidents in Atlanta get the justice and compensation they deserve. Our experienced personal injury attorneys are well-versed in Georgia’s laws and can guide you through the entire legal process.
We’ll work with medical professionals to fully understand your injuries, gather all necessary evidence, and advocate on your behalf in negotiations with insurance companies. If a fair settlement cannot be reached, we are prepared to take your case to court. We believe that every accident victim deserves the best possible representation, and we are here to help.