Pedestrian accidents normally occur when a pedestrian is attempting to cross a road or walk across a parking lot.  However, on July 5, 2012 a pedestrian walked out onto I-75 south of Atlanta.  In Georgia, it is against Georgia law for a pedestrian to walk on or beside the interstate.  As automobiles attempted to miss the pedestrian, a 7 car pile up resulted.  The pedestrian was injured and taken to an emergency room in critical condition.. This multi-car accident forced police to close all southbound lanes on I-75 from 3am until 9am due to the pedestrian accident.

The Clayton County police charged the pedestrian with pedestrian in the roadway.  However, the more surprising and more concerning charges involved 6 of the 7 drivers being charged with driving under the influence or DUI.  This really let’s you know that if you are driving on the weekend late in the middle of the night there is a very high risk that you will encounter a DUI driver along the way.

In addition to the criminal charges for DUI, there could be many civil lawsuits for personal injury.  Atlanta personal injury lawyer Richard Griffin evaluates potential personal injury claims weekly.  Too have a personal injury claim in Georgia you must be able to prove that another driver or pedestrian was at fault.  In this 7 car pile up the pedestrian was cited for causing the accident.  Anyone injured in this accident might have a potential personal injury claim against the pedestrian.  If the negligent pedestrian doesn’t have insurance, then the injured drivers and passengers can use their uninsured motorist to cover their claims.  However, there could also be additional defendants if any of the drivers were also negligent especially since 6 of the other drivers were driving under the influence of alcohol or drugs. DUI can create punitive damages exposure if the driver was guilty of causing the accident.  However, defendants to personal injury claims can always raise the defense of comparative negligence if they can prove that the personal injury plaintiff was negligent as well.  Comparative negligence reduces the amount of money the jury awards the plaintiff by the percentage of negligence the jury believes the plaintiff is guilty of.  If the jury believes the plaintiff is more than 50% at fault, then his or her claim is barred.

I encourage you to call the Griffin Law Firm at 877-PAIN-LAW (877-724-6529) or email us at [Free Case Evaluation] for a free consultation or case review.