Pedestrian Accident Recovery

The Case

A 38-year-old mother of two was crossing Peachtree Industrial Boulevard in a marked crosswalk near Norcross when she was struck by a driver making a right turn on red who failed to check for pedestrians. The impact threw her approximately 15 feet onto the pavement, causing a fractured pelvis, broken collarbone, a severe concussion, and multiple contusions. She spent four days in the hospital and required eight months of physical therapy to regain her ability to walk without assistance.

The Challenge

The driver's insurance company argued that our client stepped into the crosswalk when the pedestrian signal was already flashing “don't walk” and that she bore significant fault for the accident. They presented a witness who claimed our client was looking at her phone as she entered the crosswalk. The defense also minimized the severity of the concussion, arguing that the cognitive symptoms our client reported -- including memory problems and difficulty concentrating -- were exaggerated or related to pre-accident stress rather than the injury.

The Result

We obtained traffic camera footage that clearly showed our client entering the crosswalk with the walk signal active, directly contradicting the defense's theory. The footage also showed she was not using a phone. We deposed the defense witness and revealed inconsistencies in their account. Neuropsychological testing confirmed our client's ongoing cognitive deficits, and her treating neurologist provided compelling testimony about the relationship between the concussion and her symptoms. The case settled for $725,000 during mediation, providing compensation for her extensive medical treatment, lost wages as a part-time bookkeeper, and the lasting impact of the cognitive injuries on her daily life and ability to care for her children.