Columbus Pedestrian Accident Myths: Are You at Risk?

There’s a shocking amount of misinformation surrounding pedestrian accident claims, especially here in Columbus, Georgia. Many people believe common myths about these cases, which can prevent them from seeking the compensation they deserve. Are you one of them?

Myth #1: Pedestrian Accidents Only Result in Minor Injuries

Many people think that pedestrian accidents usually involve just scrapes and bruises. This is simply untrue. The reality is that pedestrians are incredibly vulnerable when struck by a vehicle. Unlike car occupants, they have no protective shell.

The injuries sustained in these accidents can be devastating and life-altering. We’re talking about traumatic brain injuries (TBIs), spinal cord injuries, multiple broken bones (particularly in the legs and pelvis), internal organ damage, and severe lacerations. These injuries often require extensive medical treatment, including surgeries, rehabilitation, and long-term care. I had a client last year who was hit by a distracted driver while crossing Veterans Parkway near the Columbus Park Crossing shopping center. He suffered a TBI that affected his memory and ability to work. The medical bills alone were astronomical. The severity of these injuries leads to significant financial burdens and emotional distress for victims and their families. According to the Georgia Department of Public Health [https://dph.georgia.gov/](https://dph.georgia.gov/), motor vehicle crashes are a leading cause of injury-related deaths in the state.

Myth #2: The Driver’s Insurance Company Is On Your Side

The common misconception is that the at-fault driver’s insurance company will be fair and offer a reasonable settlement to cover your damages. Wrong. Their primary goal is to protect their bottom line and minimize payouts, not to ensure you receive the compensation you deserve.

Insurance adjusters might seem friendly and helpful, but they are trained to find ways to reduce or deny your claim. They may ask leading questions, request access to your medical records, or try to get you to admit fault. Don’t fall for it. They might try to argue that your injuries aren’t as severe as you claim or that you were partially responsible for the accident.

It’s crucial to remember that insurance companies are businesses, not charities. To protect your rights and maximize your chances of receiving fair compensation, it’s essential to consult with an experienced Columbus pedestrian accident attorney. We know the tactics insurance companies use and can negotiate effectively on your behalf. Also, consider reading about common pedestrian accident myths.

Myth #3: If You Were Partially At Fault, You Can’t Recover Any Damages

Many people mistakenly believe that if they were even slightly at fault for the accident, they are barred from recovering any compensation. Fortunately, Georgia follows the rule of modified comparative negligence. This means that you can still recover damages as long as you are not 50% or more at fault for the accident. O.C.G.A. § 51-12-33 outlines this principle.

For example, if you were jaywalking but the driver was speeding and distracted, a jury might find you 20% at fault and the driver 80% at fault. In this scenario, you could still recover 80% of your damages. The amount you receive is reduced by your percentage of fault. The insurance company will definitely try to pin as much blame on you as possible, so be prepared to fight for your rights. Here’s what nobody tells you: even if you think you were partially at fault, don’t automatically assume you have no case. Talk to a lawyer. Remember, fault doesn’t necessarily kill your claim.

Myth #4: Only People Hit in Crosswalks Can Recover Damages

While being in a crosswalk certainly strengthens your case, it’s not a requirement for recovering damages in a pedestrian accident case in Georgia. Drivers have a duty to exercise reasonable care to avoid hitting pedestrians, regardless of whether they are in a designated crosswalk.

O.C.G.A. Section 40-6-91 addresses pedestrian rights and responsibilities. If a driver fails to yield the right-of-way, is speeding, or is distracted, they can be held liable even if you were crossing the street outside of a crosswalk. The key is whether the driver acted negligently. Did they fail to see you when they should have? Were they driving recklessly?

However, crossing outside of a crosswalk can affect your percentage of fault under Georgia’s comparative negligence rule, potentially reducing the amount of compensation you can recover. It’s essential to know your rights as a pedestrian.

Myth #5: All Injuries Are Immediately Apparent After a Pedestrian Accident

This is a dangerous misconception. Some injuries, like broken bones or lacerations, are immediately obvious. However, other injuries, such as traumatic brain injuries (TBIs), internal bleeding, or soft tissue damage, may not manifest symptoms for hours, days, or even weeks after the accident.

The adrenaline and shock following an accident can mask pain and other symptoms. It’s crucial to seek immediate medical attention after a pedestrian accident, even if you feel fine. A doctor can perform a thorough examination and identify any hidden injuries. Delaying medical treatment can not only worsen your injuries but also make it more difficult to prove your claim later on. The insurance company might argue that your injuries were not caused by the accident if you waited too long to seek treatment.

We ran into this exact issue at my previous firm. A client felt “okay” after being hit on Macon Road, but a week later started experiencing severe headaches and memory problems. It turned out he had a concussion that wasn’t initially diagnosed.

Myth #6: You Don’t Need a Lawyer for a “Simple” Pedestrian Accident

There’s no such thing as a “simple” pedestrian accident case, especially in Columbus, Georgia. Even if the facts seem straightforward, dealing with insurance companies and navigating the legal system can be complex and overwhelming. Insurance companies are skilled at minimizing payouts, and they may try to take advantage of you if you don’t have legal representation.

An experienced attorney can investigate the accident, gather evidence, negotiate with the insurance company, and, if necessary, file a lawsuit to protect your rights. A lawyer can also help you understand the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future medical care. Trying to handle a claim on your own can leave you vulnerable to being taken advantage of. If you’re unsure, consider reading about why you need a lawyer now.

For example, I recently settled a case where my client was offered only $5,000 by the insurance company. After we got involved, we were able to secure a settlement of $150,000. The difference was due to our ability to properly value the case and aggressively negotiate with the insurance company.

Don’t let these myths prevent you from seeking the compensation you deserve after a pedestrian accident in Columbus. Understanding the truth about these cases can empower you to protect your rights and pursue a fair recovery.

Don’t let uncertainty dictate your next steps. Contact a Columbus pedestrian accident lawyer today for a free consultation to understand your rights and options.