GA Pedestrian Accident: Fault Isn’t Always Black & White

There’s a shocking amount of misinformation surrounding proving fault in pedestrian accident cases, often leaving victims unsure of their rights. Are you equipped to navigate these murky waters and secure the compensation you deserve after a pedestrian accident in Georgia?

## Myth #1: If I Was Jaywalking, I Have No Case

This is a common misconception, and it’s simply not true. While jaywalking can certainly impact your case, it doesn’t automatically disqualify you from recovering damages in a pedestrian accident in Georgia, including cities like Augusta. Georgia follows the rule of comparative negligence, codified in O.C.G.A. § 51-12-33. This means that even if you were partially at fault – say, crossing against the light – you can still recover compensation if your percentage of fault is less than 50%.

Here’s how it works: the total damages you can recover are reduced by your percentage of fault. For instance, if your total damages are $100,000, but you are found to be 20% at fault, you can still recover $80,000. If you are found 50% or more at fault, you recover nothing.

I had a client last year who was struck by a car while crossing a busy street outside of a crosswalk near the Augusta Mall. While he was indeed jaywalking, we were able to prove that the driver was speeding and distracted. Ultimately, the jury found my client to be 30% at fault, but he still received a significant settlement to cover his medical bills and lost wages. The lesson? Don’t assume you have no case just because you weren’t following every rule.

## Myth #2: If the Driver Wasn’t Breaking the Law, It’s Automatically Their Fault

Just because a driver wasn’t speeding or running a red light doesn’t automatically absolve them of responsibility. Georgia law requires drivers to exercise due care to avoid hitting pedestrians. This means they must be vigilant, especially in areas where pedestrians are likely to be present, such as near schools, parks, and in downtown areas like Broad Street in Augusta.

“Due care” is a flexible standard. A driver might be traveling the speed limit, but if they’re texting while driving near Tubman Elementary School and hit a child crossing the street, they could still be found negligent. We recently handled a case where a driver, though not speeding, failed to yield to a pedestrian in a crosswalk at an intersection on Washington Road. The driver claimed they didn’t see the pedestrian because of sun glare. We successfully argued that the driver had a responsibility to take precautions against sun glare, such as wearing sunglasses or using the sun visor. It’s important to know did negligence cause your injury?

## Myth #3: The Police Report Is the Final Word

While a police report can be a valuable piece of evidence, it is not the definitive answer in determining fault in a pedestrian accident case. The officer who prepared the report may not have had all the facts or may have made incorrect assumptions. They might not have spoken to all the witnesses or reviewed all available evidence, such as security camera footage.

What nobody tells you is that police reports are often inadmissible as evidence in court, anyway!

A police report is simply one piece of the puzzle. It’s crucial to conduct your own independent investigation, which may involve:

• Gathering witness statements
• Reviewing video footage
• Consulting with accident reconstruction experts
• Analyzing medical records
• Examining the scene of the accident

We had a case where the police report initially placed the blame squarely on the pedestrian, claiming he darted out into traffic. However, through our investigation, we obtained security camera footage showing the driver was speeding and had ample time to avoid the collision. This evidence completely changed the narrative of the case and led to a favorable settlement for our client. If you need help to prove fault and win, seek experienced counsel.

## Myth #4: I Can Wait as Long as I Want to File a Claim

Unfortunately, that’s incorrect. In Georgia, there’s a statute of limitations on personal injury claims, including those arising from pedestrian accidents. According to O.C.G.A. § 9-3-33, you generally have two years from the date of the accident to file a lawsuit. If you fail to file within this timeframe, you lose your right to sue for damages.

Two years might seem like a long time, but it can pass quickly, especially when you’re dealing with medical treatment, recovery, and the emotional toll of an accident. Furthermore, gathering evidence, interviewing witnesses, and negotiating with insurance companies can take time. Don’t delay in seeking legal advice. Remember that your rights and next steps are crucial after an accident.

## Myth #5: The Insurance Company Is on My Side

This is perhaps the most dangerous myth of all. Insurance companies are businesses, and their primary goal is to maximize profits. They are not necessarily on your side, even if you are their own policyholder. Insurance adjusters may try to minimize your claim or deny it altogether. They might pressure you to accept a quick settlement that is far less than what you deserve.

Remember, insurance adjusters are trained negotiators. They know the ins and outs of the claims process, and they may use tactics to undermine your claim. It is always best to consult with an experienced attorney before speaking with an insurance adjuster or signing any documents. And don’t talk to insurance first, consult a lawyer.

I had a client who was hit by a car while walking in downtown Augusta. The insurance company initially offered her a settlement of $5,000, claiming that her injuries were minor. However, after we got involved and presented evidence of her extensive medical bills and lost wages, the insurance company increased their offer to $75,000. This highlights the importance of having an advocate on your side who will fight for your rights.

Navigating the complexities of a pedestrian accident case in Georgia requires a thorough understanding of the law, strong investigative skills, and a willingness to fight for your rights. Don’t let misinformation prevent you from seeking the compensation you deserve.

Don’t let the insurance company dictate the outcome of your case. Consult with a qualified Georgia attorney to explore your legal options and protect your rights. The sooner you act, the better your chances of securing a fair settlement.