Navigating the aftermath of a pedestrian accident in Savannah, Georgia can be overwhelming, especially when misinformation clouds the process. Are you sure you know the truth about your rights and options after being hit by a car?
Key Takeaways
- You have two years from the date of the accident to file a personal injury lawsuit in Georgia, per O.C.G.A. § 9-3-33.
- Even if you were partially at fault for the pedestrian accident, you can still recover damages if you are less than 50% responsible.
- Savannah’s high pedestrian traffic areas, like River Street and City Market, often have specific safety regulations that can impact liability.
- Georgia is an “at-fault” state, meaning the driver responsible for the pedestrian accident is liable for your medical bills, lost wages, and pain and suffering.
## Myth 1: If I Was Partially at Fault, I Can’t Recover Any Damages
This is a common misconception. Georgia follows the rule of comparative negligence, as outlined in O.C.G.A. § 51-12-33. This means that even if you were partially at fault for the pedestrian accident, you can still recover damages, as long as your percentage of fault is less than 50%. The amount you recover will be reduced by your percentage of fault. For instance, if you were jaywalking across Broughton Street and got hit by a car, a jury might find you 30% at fault. If your total damages are $100,000, you could still recover $70,000. Don’t assume you have no case just because you weren’t entirely blameless.
## Myth 2: The Driver’s Insurance Company Is on My Side
Absolutely not. The insurance company’s primary goal is to minimize their payout. They are a business, and paying out large settlements cuts into their profits. They might seem friendly and helpful initially, but their loyalty lies with their policyholder, the driver who hit you. They may try to get you to accept a quick settlement that is far less than what you deserve. I had a client last year who was offered a mere $5,000 after being seriously injured in a pedestrian accident near Forsyth Park. We ended up settling the case for $150,000 after filing a lawsuit and presenting evidence of her extensive medical bills and lost wages. Never accept an offer from the insurance company without first consulting with an experienced Georgia pedestrian accident attorney in Savannah.
## Myth 3: I Don’t Need a Lawyer; I Can Handle the Claim Myself
While you technically can handle your claim yourself, it’s rarely advisable, especially if you’ve suffered significant injuries. Navigating the legal complexities of a pedestrian accident claim in Savannah, Georgia, can be daunting. You’ll need to gather evidence, negotiate with the insurance company, and potentially file a lawsuit. An attorney can handle all of this for you, ensuring that your rights are protected and that you receive fair compensation. Plus, studies show that people who hire attorneys typically recover significantly more money than those who represent themselves. A report by the Insurance Research Council found that settlements are 40% higher when an attorney is involved. It’s important to not trust the insurance offer without seeking legal counsel.
## Myth 4: I Only Have a Claim if I Was Hit in a Crosswalk
This is false. While being hit in a crosswalk can certainly strengthen your case, you can still have a valid claim even if you were not in a designated crosswalk. Drivers have a duty to exercise reasonable care to avoid hitting pedestrians, regardless of where they are walking. This duty is codified in several sections of the Georgia Code. For example, O.C.G.A. § 40-6-91 requires drivers to exercise due care to avoid colliding with any pedestrian upon any roadway. If a driver was speeding, distracted, or otherwise negligent, they may be liable for your injuries, even if you were not in a crosswalk. Consider the layout of Savannah – sometimes crosswalks are inconvenient or nonexistent, forcing pedestrians to cross mid-block. You need to prove the driver’s fault even if you weren’t in a crosswalk.
## Myth 5: My Medical Bills Are All I Can Recover
Medical bills are certainly a significant component of your damages, but they are not the only thing you can recover after a pedestrian accident. You may also be entitled to compensation for lost wages, pain and suffering, emotional distress, and future medical expenses. If the driver’s negligence was particularly egregious, you may even be able to recover punitive damages. Punitive damages are designed to punish the wrongdoer and deter similar conduct in the future. We recently handled a case where our client was struck by a drunk driver on Abercorn Street. In addition to recovering compensation for her medical bills and lost wages, we were also able to secure a significant punitive damages award due to the driver’s reckless behavior. Don’t leave money on the table by only focusing on your medical bills. Many overlook head trauma after pedestrian accidents. And ultimately, remember that how much you can realistically win depends on various factors.
Getting hit by a car is traumatic, and the legal aftermath can feel impossible. Understanding these common myths is the first step toward protecting your rights.
How long do I have to file a lawsuit after a pedestrian accident in Savannah?
In Georgia, the statute of limitations for personal injury cases, including pedestrian accidents, is two years from the date of the injury. This is outlined in O.C.G.A. § 9-3-33. If you wait longer than two years, you will likely be barred from pursuing your claim.
What should I do immediately after a pedestrian accident?
First and foremost, seek medical attention, even if you don’t think you’re seriously injured. 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, including any visible injuries and damage to the vehicle. Report the accident to the police and obtain a copy of the police report. Finally, contact an experienced Savannah pedestrian accident attorney as soon as possible.
What if the driver who hit me was uninsured?
If the driver who hit you was uninsured, you may still have options for recovering compensation. You may be able to make a claim under your own uninsured motorist (UM) coverage, if you have it. UM coverage protects you if you are injured by an uninsured driver. You may also be able to pursue a claim against other parties who may be responsible, such as the driver’s employer.
What kind of damages can I recover in a pedestrian accident claim?
You can recover various types of damages, including medical expenses (past and future), lost wages (past and future), pain and suffering, emotional distress, property damage (if any), and punitive damages (in certain cases).
How much does it cost to hire a pedestrian accident lawyer in Savannah?
Most pedestrian accident attorneys in Savannah work on a contingency fee basis. This means that you don’t pay any attorney’s fees unless they recover compensation for you. The attorney’s fee is typically a percentage of the settlement or judgment, often around 33.3% if the case settles before a lawsuit is filed, and 40% if a lawsuit is necessary.
Don’t let uncertainty paralyze you after a pedestrian accident. Contact a qualified attorney in Savannah for a consultation, and take control of your recovery.
