There’s a shocking amount of misinformation circulating about pedestrian accidents, especially when it comes to your legal rights. Are you walking away from compensation you deserve because you believe one of these common myths?
Myth 1: The Pedestrian Is Always at Fault
The biggest misconception? That the pedestrian is automatically at fault in a pedestrian accident. This simply isn’t true in Georgia, or anywhere else for that matter. While pedestrians have a responsibility to exercise caution (like crossing at crosswalks when available), drivers also have a duty of care. They must operate their vehicles safely, obey traffic laws, and be aware of their surroundings. I’ve seen cases where drivers were clearly negligent – speeding, distracted by their phones, or even driving under the influence – yet initially, insurance companies tried to blame the pedestrian.
Georgia follows a modified comparative negligence rule, outlined in O.C.G.A. § 51-12-33. This means that even if a pedestrian is partially at fault, they can still recover damages if their percentage of fault is less than 50%. If you are found to be 49% at fault, you can recover 51% of your damages. If you are found to be 50% or more at fault, you recover nothing.
Myth 2: Insurance Will Fairly Compensate You
Think the insurance company is on your side after a pedestrian accident in Atlanta? Think again. Insurance companies are businesses, and their primary goal is to minimize payouts. They might offer a quick settlement that seems appealing initially, but it rarely covers the full extent of your damages. This is especially true if you haven’t consulted with a lawyer. They might downplay the severity of your injuries, argue that you were mostly at fault, or use other tactics to reduce the amount they have to pay.
Don’t fall for it. I remember a case last year where a client was hit by a car while crossing Peachtree Street downtown. The insurance company initially offered him a paltry sum that barely covered his medical bills. After we got involved and presented a strong case, highlighting the driver’s negligence and the full extent of my client’s injuries, we were able to secure a settlement that was significantly higher – enough to cover his medical expenses, lost wages, and pain and suffering. For more on this topic, see our article on GA Pedestrian Accident Settlements.
Myth 3: You Don’t Need a Lawyer for a Minor Injury
Another dangerous assumption is that you only need a lawyer if you’ve suffered a severe injury. While it’s true that cases involving catastrophic injuries often require legal representation, even seemingly minor injuries can have long-term consequences. What seems like a simple sprain could develop into chronic pain. A concussion might lead to cognitive issues down the road. Plus, even “minor” accidents can leave you with significant medical bills and lost wages. You might wonder, what compensation can I get?
Here’s what nobody tells you: insurance companies often use the lack of legal representation as an opportunity to lowball settlements, regardless of the injury’s severity. They know that unrepresented individuals are less likely to understand their rights or negotiate effectively. Don’t give them that advantage.
Myth 4: You Have Plenty of Time to File a Claim
Procrastination can be costly. In Georgia, the statute of limitations for personal injury cases, including pedestrian accidents, is generally two years from the date of the injury, as stated in O.C.G.A. § 9-3-33. While two years might seem like a long time, it can pass quickly, especially when you’re dealing with medical treatment, recovery, and the emotional aftermath of an accident.
Waiting too long can jeopardize your ability to file a claim and recover compensation. Evidence can disappear, witnesses can become difficult to locate, and memories can fade. It’s best to consult with an Atlanta attorney as soon as possible after a pedestrian accident to ensure that your rights are protected and that your claim is filed within the statutory deadline. In fact, you may want to consider these 3 steps to protect your rights.
Myth 5: If You Weren’t in a Crosswalk, You Have No Case
While it’s true that pedestrians have a greater duty of care when crossing outside of designated crosswalks, that doesn’t automatically negate your claim. Drivers still have a responsibility to avoid hitting pedestrians, regardless of where they are crossing the road. If a driver was speeding, distracted, or otherwise negligent, they could still be held liable for your injuries, even if you weren’t in a crosswalk.
We had a case where our client was crossing Northside Drive near the intersection of I-75 to get to a bus stop. There wasn’t a marked crosswalk, but he was clearly visible. A driver, who was texting, struck him. We successfully argued that the driver’s negligence was the primary cause of the accident, securing a substantial settlement for our client. The key is proving the driver’s negligence outweighed the pedestrian’s actions. You can learn more about proving fault in a GA pedestrian accident.
Myth 6: You Can’t Afford a Lawyer
Many people avoid seeking legal help after a pedestrian accident because they fear the cost. They assume that hiring an attorney is too expensive. Most personal injury lawyers, myself included, work on a contingency fee basis. This means that you don’t pay any attorney fees unless we win your case. Our fee is a percentage of the settlement or verdict we obtain for you.
This arrangement makes legal representation accessible to everyone, regardless of their financial situation. You can get the legal help you need without having to worry about upfront costs or hourly fees. It aligns our interests with yours – we only get paid if you get paid.
What should I do immediately after a pedestrian accident?
Your first priority is to seek medical attention, even if you don’t think you’re seriously injured. Some injuries might 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, your injuries, and any damage to the vehicle. Finally, contact an experienced attorney to discuss your legal options.
What types of damages can I recover in a pedestrian accident case?
You may be able to recover compensation for medical expenses, lost wages, pain and suffering, emotional distress, property damage (if any), and future medical care. In some cases, you might also be able to recover punitive damages if the driver’s conduct was particularly egregious.
How long does it take to resolve a pedestrian accident case?
The length of time it takes to resolve a case varies depending on the complexity of the case, the severity of the injuries, and whether the case settles out of court or goes to trial. Some cases can be resolved in a matter of months, while others can take a year or more. A skilled attorney can help expedite the process.
What if the driver who hit me was uninsured?
If the driver who hit you was uninsured, you might still be able to recover compensation through your own uninsured motorist (UM) coverage. UM coverage is designed to protect you if you’re injured by an uninsured driver. It’s important to review your insurance policy and consult with an attorney to understand your options.
How can a lawyer help me with my pedestrian accident claim?
A lawyer can investigate the accident, gather evidence, negotiate with the insurance company, and represent you in court if necessary. They can also help you understand your rights and options and ensure that you receive fair compensation for your injuries and losses. A lawyer is your advocate.
Don’t let misinformation prevent you from getting the compensation you deserve after a pedestrian accident. If you’ve been injured in Atlanta, understand your rights and seek professional legal advice immediately. Navigating the legal aftermath can feel overwhelming, but with the right information and support, you can protect your interests and secure a brighter future. Don’t delay – take the first step towards justice today.
