Misinformation surrounding Georgia pedestrian accident laws is rampant, often leading to confusion and jeopardizing victims’ rights. How can you be sure you’re getting the truth when your health and finances are on the line?
Key Takeaways
- In Georgia, a pedestrian hit by a car generally has two years from the date of the accident to file a personal injury lawsuit (O.C.G.A. § 9-3-33).
- Even if a pedestrian is partially at fault for an accident in Valdosta, they may still recover damages if their percentage of fault is less than 50% under Georgia’s modified comparative negligence rule.
- Georgia drivers are required to carry minimum liability insurance of $25,000 per person and $50,000 per accident for bodily injury, which can be accessed by injured pedestrians in an accident where the driver is at fault.
Myth #1: If a Pedestrian is in the Crosswalk, They Always Have the Right-of-Way
It’s a common misconception that simply being in a crosswalk automatically grants a pedestrian the right-of-way in Georgia. While Georgia law does emphasize pedestrian safety, this isn’t a blanket rule. The law, specifically O.C.G.A. § 40-6-91, states that pedestrians should not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield.
In practice, this means that even within a marked crosswalk near Valdosta State University, a pedestrian must still exercise caution and observe traffic signals. If a pedestrian enters the crosswalk against a “Do Not Walk” signal, or without checking for oncoming traffic, they could be held partially responsible for any resulting accident. The presence of a crosswalk doesn’t negate the pedestrian’s duty to act reasonably.
Myth #2: If a Pedestrian is Partially at Fault, They Can’t Recover Any Damages
This is a damaging myth that prevents many injured pedestrians from seeking the compensation they deserve. Georgia operates under a modified comparative negligence system. This means that even if a pedestrian is partially at fault for a pedestrian accident, they may still recover damages as long as their percentage of fault is less than 50%.
For example, imagine a scenario near the intersection of Ashley Street and Northside Drive in Valdosta. A pedestrian starts to cross the street while the “Walk” signal is flashing, indicating it’s about to change. A driver, distracted by their phone, hits the pedestrian. If a jury determines the pedestrian was 20% at fault for failing to observe the changing signal, they could still recover 80% of their damages from the driver. However, if the pedestrian was deemed 50% or more at fault, they would be barred from recovering anything. This is why it’s important to understand Georgia’s fault rules in pedestrian accidents.
Hit as a pedestrian?
Even if you were jaywalking, you may still have a valid claim. Most victims don’t know this.
Myth #3: Drivers Are Always At Fault in Pedestrian Accidents
While drivers have a responsibility to exercise reasonable care and obey traffic laws, it’s incorrect to assume they are automatically at fault in every pedestrian accident. Georgia law recognizes that pedestrians also have a duty to act responsibly and avoid negligent behavior.
Several factors can shift the blame, or at least a portion of it, to the pedestrian. These include: jaywalking (crossing the street outside of a marked crosswalk), failing to obey traffic signals, being under the influence of alcohol or drugs, or darting into traffic unexpectedly. I had a client last year who was struck by a car while attempting to cross I-75 on foot near exit 16. The investigation revealed he was intoxicated. While he sustained serious injuries, his claim was significantly weakened due to his own negligence. You might still get paid after a pedestrian hit, even if you think you are at fault.
Myth #4: Insurance Companies Will Always Offer a Fair Settlement to Injured Pedestrians
Unfortunately, this is rarely the case. Insurance companies are businesses, and their primary goal is to minimize payouts. They may try to downplay the severity of your injuries, argue that you were primarily at fault, or offer a settlement that doesn’t adequately cover your medical expenses, lost wages, and pain and suffering. To get a better understanding of how much you can recover, it’s best to consult with an attorney.
Don’t assume the insurance adjuster is on your side. They are not. It’s crucial to consult with a Georgia attorney experienced in pedestrian accident cases to protect your rights and negotiate a fair settlement. We recently handled a case where the insurance company initially offered a mere $5,000 to a woman who suffered a broken leg after being hit by a car in downtown Valdosta. After we presented a detailed demand package outlining her damages and the driver’s negligence, the insurance company ultimately settled for $75,000. It’s important to know your rights and common injuries.
Myth #5: All Pedestrian Accident Cases Require a Lawsuit
While some pedestrian accident cases do end up in court, many are resolved through settlement negotiations. Filing a lawsuit is often a necessary step to protect your rights and demonstrate your seriousness, but it doesn’t automatically mean a trial is inevitable.
A skilled attorney can often negotiate a favorable settlement with the insurance company by building a strong case, presenting compelling evidence, and demonstrating a willingness to go to trial if necessary. In fact, we aim to settle most cases out of court. Litigation is expensive and time-consuming. Nobody benefits from unnecessary legal battles. However, we are always prepared to take a case to trial if the insurance company refuses to offer a fair settlement. For example, if you were hit on I-75 in Georgia, your fault matters.
Navigating the complexities of Georgia law after a pedestrian accident, especially in a place like Valdosta, can be daunting. Don’t let misinformation prevent you from seeking the compensation you deserve.
How long do I have to file a lawsuit after a pedestrian accident in Georgia?
In Georgia, the statute of limitations for personal injury cases, including pedestrian accidents, is generally two years from the date of the injury (O.C.G.A. § 9-3-33). It’s crucial to consult with an attorney as soon as possible to ensure you don’t miss this deadline.
What damages can I recover in a pedestrian accident case?
You may be able to recover compensation for medical expenses (past and future), lost wages, pain and suffering, property damage (e.g., damaged clothing or personal items), and, in some cases, punitive damages.
What should I do immediately after being hit by a car as a pedestrian?
Your priority is your safety. Call 911 to report the accident and seek medical attention, even if you don’t feel seriously injured. Gather information from the driver, including their name, insurance information, and driver’s license number. Take photos of the scene, your injuries, and any vehicle damage. Contact an attorney as soon as possible.
What if the driver who hit me was uninsured?
If the driver was uninsured, you may be able to recover compensation through your own uninsured motorist (UM) coverage, if you have it. UM coverage protects you if you’re injured by an uninsured or underinsured driver. It’s important to review your insurance policy and consult with an attorney to explore your options.
How much does it cost to hire a pedestrian accident attorney?
Most pedestrian accident attorneys work on a contingency fee basis. This means you don’t pay any attorney fees unless they recover compensation for you. The attorney fee is typically a percentage of the settlement or jury award.
Don’t rely on guesswork or assumptions after a pedestrian accident. Contact a qualified attorney in Valdosta, Georgia, to understand your rights and pursue the compensation you deserve. The sooner you act, the better protected you will be.
