There’s a shocking amount of misinformation surrounding your rights after a pedestrian accident in Atlanta. Many people believe they have no recourse, but that’s often far from the truth. Are you one of them?
Key Takeaways
- If you’re hit by a car while walking in Georgia, you have two years from the date of the accident to file a personal injury lawsuit, per O.C.G.A. § 9-3-33.
- Even if you were partially at fault for the accident, you may still be able to recover damages as long as you are less than 50% responsible.
- Georgia law requires drivers to carry minimum liability insurance of $25,000 per person and $50,000 per accident, but it’s crucial to investigate all potential sources of compensation, including uninsured/underinsured motorist coverage.
Myth 1: If I was jaywalking, I have no case.
This is a common misconception. While jaywalking can certainly affect your case, it doesn’t automatically disqualify you from receiving compensation after a pedestrian accident in Atlanta, Georgia. Georgia follows a modified comparative negligence rule. This means that even if you were partially at fault – say, crossing Peachtree Street against the light near Lenox Square – you can still recover damages, as long as your percentage of fault is less than 50%.
The court will determine the total amount of damages and then reduce that amount by your percentage of fault. For example, if your damages are assessed at $100,000, but you are found to be 20% at fault for the accident, you can still recover $80,000. However, if you are found to be 50% or more at fault, you recover nothing. This is outlined in O.C.G.A. § 51-12-33.
Myth 2: The driver’s insurance will cover everything.
Not necessarily. While Georgia law requires drivers to carry minimum liability insurance of $25,000 per person and $50,000 per accident (O.C.G.A. § 33-7-11), that might not be enough to cover your medical bills, lost wages, and other damages, especially if you sustained serious injuries. Think about it: a hospital stay at Emory University Hospital can easily rack up tens of thousands of dollars.
Furthermore, what happens if the driver is uninsured or underinsured? This is where uninsured/underinsured motorist (UM/UIM) coverage comes into play. If you have UM/UIM coverage on your own auto insurance policy, it can provide additional compensation if the at-fault driver doesn’t have enough insurance or any insurance at all. We had a client last year who was hit by a driver with no insurance; thankfully, her own UM coverage provided the necessary funds to cover her extensive medical treatment and lost income. It’s always best to investigate all potential sources of compensation. You may be owed max compensation for your injuries.
Myth 3: I don’t need a lawyer; I can handle the insurance company myself.
You can handle the insurance company yourself, but should you? Insurance companies are businesses, and their goal is to pay out as little as possible. They have experienced adjusters and lawyers working for them. Do you?
Here’s what nobody tells you: insurance adjusters often try to get you to settle for a low amount early on, before you even fully understand the extent of your injuries and damages. They might seem friendly, but they are not on your side. An experienced Atlanta pedestrian accident lawyer can level the playing field, negotiate on your behalf, and ensure that you receive fair compensation for your injuries. Plus, if the insurance company refuses to offer a fair settlement, your lawyer can file a lawsuit and take your case to trial. If you’re in Smyrna, you’ll want to choose your GA lawyer wisely.
Myth 4: If the police didn’t file a report, I don’t have a case.
While a police report can be helpful, it is not always necessary to pursue a claim after a pedestrian accident in Georgia. Sometimes, the police may not respond to the scene, or they may not file a report due to various reasons. However, you can still gather evidence on your own, such as taking photos of the scene, obtaining witness statements, and seeking medical treatment.
Consider this: even if the police report is unfavorable to you, it’s not necessarily the end of the road. Police reports are often inadmissible as evidence in court, as they constitute hearsay. A skilled attorney can often overcome an unfavorable police report by presenting other evidence that supports your claim. Remember to not talk to insurance first before consulting a lawyer.
Myth 5: I have plenty of time to file a lawsuit.
Wrong! In Georgia, the statute of limitations for personal injury cases, including pedestrian accidents, is two years from the date of the accident (O.C.G.A. § 9-3-33). If you don’t file a lawsuit within that time frame, you will lose your right to sue.
Two years might seem like a long time, but it can pass quickly, especially when you are dealing with medical treatment, recovery, and other challenges. Furthermore, it takes time to investigate the accident, gather evidence, and negotiate with the insurance company. The sooner you contact an attorney, the better your chances of building a strong case and protecting your rights. I had a case at my previous firm where a potential client waited almost two years before contacting us; while we were ultimately able to file a lawsuit just before the deadline, it would have been much easier to build the case with more time. Act fast to protect your claim.
What should I do immediately after being hit by a car as a pedestrian?
First, seek immediate medical attention, even if you don’t feel seriously injured. Some injuries may not be immediately apparent. Then, if possible, gather information at the scene, such as the driver’s name, insurance information, and license plate number. Take photos of the scene and any visible injuries. Contact the police to file a report. Finally, contact an experienced Atlanta pedestrian accident attorney to discuss your legal rights.
What types of damages can I recover in a pedestrian accident case?
You may be able to recover various types of damages, including medical expenses (past and future), lost wages (past and future), pain and suffering, property damage (if any), and other out-of-pocket expenses. In some cases, you may also be able to recover punitive damages if the driver’s conduct was particularly egregious.
What if the driver who hit me fled the scene?
If the driver fled the scene (hit-and-run), you may still have options for recovery. You can file a claim with your own auto insurance policy under the uninsured motorist coverage. You may also be able to recover compensation from the Georgia Crime Victims Compensation Program, which provides financial assistance to victims of certain crimes.
How much does it cost to hire a pedestrian accident lawyer in Atlanta?
Most pedestrian accident lawyers in Atlanta work on a contingency fee basis. This means that you don’t pay any upfront fees. The lawyer will only receive a fee if they recover compensation for you. The fee is typically a percentage of the settlement or judgment, usually around 33.3% to 40%.
Where can I find the Fulton County Superior Court?
The Fulton County Superior Court is located at 136 Pryor Street SW, Atlanta, GA 30303. This is where many pedestrian accident lawsuits in the Atlanta area are filed.
Don’t let misinformation prevent you from pursuing justice after a pedestrian accident in Atlanta, Georgia. Contacting a lawyer is the best way to understand your rights and explore your options. But even before that, gather as much evidence as you can — photos, witness statements, medical records — because every detail matters. You may have 72 hours that can make or break you.
