Atlanta crosswalk fatality attorney - Damages and Comparative Negligence
Generally, the person that harmed a pedestrian was negligent, and would entitle the pedestrian to obtain damages that compensate him or her for medical costs, lost income and pain and suffering among other forms of compensation. However, there are situations where both a pedestrian and a motorist are at fault for an accident.
When this situation arises, Atlanta uses what's known as the pure' comparative negligence standard. In these cases, the court will decide which party is responsible for which percentage of the total fault, and if the defendant is liable for any of the harm the plaintiff's damages are reduced by the amount that he or she was also negligent. These cases tend to arise when a pedestrian was crossing against traffic or suddenly darted into the street without much of an opportunity for the motorist to avoid the collision.