Misinformation surrounding proving fault in a Georgia pedestrian accident is rampant, often leaving victims confused and unsure of their rights. What common myths could be derailing your claim and preventing you from receiving the compensation you deserve?
Key Takeaways
- In Georgia, even if you were partially at fault as a pedestrian, you can still recover damages if you are less than 50% responsible for the accident.
- Eyewitness testimony is powerful evidence, but you can also prove fault using police reports, traffic camera footage, and expert reconstruction analysis.
- Insurance companies often try to blame the pedestrian; hiring an experienced attorney can help level the playing field and protect your rights.
Myth #1: If I was jaywalking, I automatically lose my case.
This is a dangerous misconception. While jaywalking is illegal in Georgia under O.C.G.A. Section 40-6-96 [https://law.justia.com/codes/georgia/2020/title-40/chapter-6/article-13/section-40-6-96/], it doesn’t automatically bar you from recovering damages in a pedestrian accident. Georgia follows the rule of comparative negligence. This means that even if you were partially at fault, you can still recover compensation as long as your percentage of fault is less than 50%. The amount you recover will be reduced by your percentage of fault. For example, if you’re awarded $100,000 but found to be 20% at fault, you’ll receive $80,000.
I had a case last year in Smyrna where my client was crossing South Cobb Drive outside of a crosswalk near the Belmont Hills Shopping Center when he was struck by a car. The insurance company immediately denied the claim, citing jaywalking. However, we were able to prove that the driver was speeding and distracted. Ultimately, we settled the case for $75,000, even though my client was partially at fault. The key? Showing the driver was more at fault.
Myth #2: Without an eyewitness, there’s no way to prove fault.
Eyewitnesses can be incredibly helpful, but they aren’t the only way to establish fault in a Georgia pedestrian accident. Many other types of evidence can be used to build a strong case. Police reports are a great place to start. These reports often contain valuable information, such as the officer’s observations at the scene, witness statements, and citations issued. Traffic camera footage can provide a clear picture of how the accident occurred. Many intersections in areas like downtown Smyrna and near Truist Park have cameras.
Beyond that, consider expert reconstruction analysis. Accident reconstruction experts can analyze the scene, vehicle damage, and other evidence to determine how the accident happened and who was at fault. They use physics and engineering principles to recreate the event. We often work with experts who can analyze cell phone records to prove distracted driving, or download a car’s computer data to show speeding or braking patterns. Don’t underestimate the power of circumstantial evidence! You might also find it useful to learn how to prove fault to win your case.
Myth #3: The insurance company is on my side and will handle everything fairly.
This is a HUGE mistake. Insurance companies are businesses, and their goal is to pay out as little as possible. They may seem friendly and helpful at first, but their loyalty lies with their shareholders, not with you. They might try to pressure you into accepting a low settlement offer or even deny your claim outright. Here’s what nobody tells you: insurance adjusters are trained to minimize payouts.
I strongly advise against speaking with the insurance company without first consulting with an attorney. Anything you say can and will be used against you. They may ask leading questions designed to trip you up or twist your words. Instead, let an experienced attorney handle all communications with the insurance company. We know their tactics and can protect your rights. It’s important to protect your claim, so review these three steps.
Myth #4: If the driver wasn’t charged with a crime, I can’t win my case.
Criminal charges and civil lawsuits are two separate things. The burden of proof is different in each type of case. In a criminal case, the prosecution must prove guilt “beyond a reasonable doubt,” which is a very high standard. In a civil case, like a pedestrian accident claim in Georgia, you only need to prove fault by a “preponderance of the evidence,” meaning it’s more likely than not that the other party was negligent.
Even if the driver wasn’t arrested or charged with a crime, you can still pursue a civil claim for damages. For instance, the police might not have enough evidence to prove drunk driving beyond a reasonable doubt, but you might be able to show, through witness testimony and blood alcohol content tests, that the driver was impaired and therefore negligent. It’s crucial to understand how much you can really recover.
Myth #5: Pedestrians always have the right of way.
While Georgia law does grant pedestrians certain rights of way, it’s not an absolute rule. Pedestrians must still exercise reasonable care for their own safety. This means looking both ways before crossing the street, obeying traffic signals, and not darting out into traffic unexpectedly. O.C.G.A. Section 40-6-91 [https://law.justia.com/codes/georgia/2020/title-40/chapter-6/article-13/section-40-6-91/] outlines pedestrian duties.
If a pedestrian is found to have acted negligently, their recovery may be reduced or even barred under Georgia’s comparative negligence rule, as discussed earlier. The specific facts of each case are crucial. Did the pedestrian cross against a “Do Not Walk” signal? Were they wearing dark clothing at night? Were they under the influence of alcohol or drugs? These factors can all affect the outcome of the case.
For example, let’s say a pedestrian is hit by a car while crossing Windy Hill Road near I-75 in Smyrna. The pedestrian was wearing dark clothing at night and not using a crosswalk. However, the driver was texting and driving. A jury might find both parties partially at fault, with the driver bearing the majority of the responsibility due to their distraction. We ran into this exact issue at my previous firm.
The truth is, proving fault in a pedestrian accident case can be complex. Don’t let these myths prevent you from seeking the compensation you deserve. If you’ve been injured in a pedestrian accident in Georgia, especially in areas like Smyrna, seek legal advice from an experienced attorney as soon as possible. If the accident occurred in Smyrna, it may be helpful to review how to win your GA case.
Ultimately, the best thing you can do after a pedestrian accident is document everything: take photos of the scene, get contact information from witnesses, and seek medical attention immediately. These steps will significantly strengthen your claim.
What damages can I recover in a Georgia pedestrian accident case?
You can recover economic damages (medical bills, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life).
How long do I have to file a lawsuit in Georgia?
The statute of limitations for personal injury cases in Georgia is generally two years from the date of the accident.
What if the driver who hit me was uninsured?
You may be able to recover damages under your own uninsured/underinsured motorist coverage, if you have it.
How is fault determined in a pedestrian accident case?
Fault is determined by assessing the negligence of each party involved, considering factors like traffic laws, visibility, and actions taken before the accident.
What should I do immediately after being hit by a car as a pedestrian?
Seek medical attention, report the accident to the police, gather information from the driver and any witnesses, and contact an attorney.
Don’t assume you have no options just because the initial police report isn’t in your favor. Consult with a lawyer specializing in pedestrian accidents to understand your rights and explore all available avenues for compensation. A strong legal strategy can turn the tide in your favor.
