Misinformation runs rampant in pedestrian accident cases, often leaving victims confused about their rights and how to prove fault. Don’t let these myths prevent you from receiving the compensation you deserve. Are you ready to set the record straight?
Key Takeaways
- In Georgia, a pedestrian can be partially at fault and still recover damages, but their recovery will be reduced by their percentage of fault.
- Video footage from traffic cameras or nearby businesses is often crucial evidence in pedestrian accident cases.
- Even if a police report doesn’t explicitly assign fault, it still contains valuable information like witness statements and road conditions that can help prove your case.
Myth #1: If I Was Partially At Fault, I Can’t Recover Anything
This is a common misconception, and it’s simply not true in Georgia. Many people mistakenly believe that if they were even slightly responsible for a pedestrian accident, they are barred from recovering any compensation. This isn’t the case. Georgia follows a modified comparative negligence rule, as outlined in O.C.G.A. § 51-12-33. This means that even if you were partially at fault for the accident, you can still recover damages, but your recovery will be reduced by your percentage of fault.
For example, imagine you were crossing Cobb Parkway in Smyrna against the light, but a driver was speeding and clearly not paying attention. A jury might find you 20% at fault and the driver 80% at fault. If your total damages are $100,000, you could still recover $80,000. Now, here’s what nobody tells you: insurance companies will often try to inflate your percentage of fault to avoid paying a fair settlement. This is why it’s so important to have an experienced attorney on your side who can fight for your rights.
Myth #2: The Police Report Determines Fault and That’s Final
While a police report is an important piece of evidence in a Georgia pedestrian accident case, it is not the final word on who was at fault. The investigating officer’s opinion is just that – an opinion. The officer wasn’t necessarily present when the accident occurred and may not have all the facts. Furthermore, police reports are often inadmissible as evidence at trial.
What is valuable in a police report? Witness statements, diagrams of the scene, and the officer’s observations about road conditions and visibility. I remember a case we handled near the intersection of Windy Hill Road and Atlanta Road where the initial police report seemed to favor the driver. However, after we interviewed witnesses and obtained security camera footage from a nearby RaceTrac, we were able to demonstrate that the driver was distracted and failed to yield the right of way to our client, who was crossing in the crosswalk. The case settled for a significant amount.
Hit as a pedestrian?
Even if you were jaywalking, you may still have a valid claim. Most victims don’t know this.
Myth #3: Without Video Footage, There’s No Way to Prove My Case
While video footage can be incredibly helpful in proving fault in a pedestrian accident, it’s not always necessary. There are many other types of evidence that can be used to build a strong case. This includes witness testimony, photographs of the scene, medical records, and expert testimony. Furthermore, in many areas of metro Atlanta, including Smyrna, businesses and residences often have security cameras that may have captured the accident. Don’t assume that video evidence doesn’t exist – it’s worth investigating.
We had a client who was hit by a car while walking near the Smyrna Market Village. There was no dashcam footage and no obvious surveillance video. However, we canvassed the area and discovered that a nearby dry cleaner had a security camera that captured the accident. The video clearly showed the driver running a red light. Without that persistence, we might not have been able to secure a favorable outcome for our client. The key is a thorough investigation.
Myth #4: Drivers Always Have the Right of Way
This is a dangerous and false assumption. Under Georgia law, drivers have a duty to exercise reasonable care to avoid hitting pedestrians, regardless of whether the pedestrian is in a crosswalk or not. O.C.G.A. § 40-6-91 specifically addresses pedestrian rights and responsibilities. Drivers are required to yield to pedestrians in crosswalks and must exercise due care to avoid hitting pedestrians on roadways. Just because someone is walking outside of a crosswalk doesn’t automatically make them at fault. A driver still has a responsibility to be aware of their surroundings and avoid hitting pedestrians.
Consider a situation where a pedestrian is jaywalking across South Cobb Drive late at night. While jaywalking is illegal, a driver who is speeding or driving under the influence and hits that pedestrian could still be found at fault, or at least partially at fault, for the accident. The driver’s negligence contributed to the incident, regardless of the pedestrian’s actions. It’s important to remember that fault doesn’t necessarily bar recovery in Georgia.
Myth #5: Insurance Companies Are On My Side
Let’s be blunt: this is rarely true. Insurance companies are businesses, and their primary goal is to minimize payouts. They may seem friendly and helpful at first, but their loyalty lies with their shareholders, not with you. Insurance adjusters are trained to ask questions and gather information that can be used to deny or reduce your claim. They may even try to trick you into saying something that could be used against you. For instance, they might ask, “Are you feeling better today?” even if you’re still in excruciating pain. A seemingly innocent “yes” can be twisted to suggest your injuries aren’t as severe as you claim.
Do not give a recorded statement to the at-fault driver’s insurance company without first consulting with an attorney. I saw a case last year where a pedestrian made a simple statement to the insurance company that they “didn’t see the car coming.” The insurance company used that statement to argue that the pedestrian was entirely at fault for failing to keep a proper lookout, even though the driver was speeding. Protect yourself. Consult with an experienced attorney before speaking with the insurance company. It’s crucial to avoid being lowballed by insurance companies.
Proving fault in a pedestrian accident in Georgia can be complex, especially in areas like Smyrna with high traffic volume. Don’t let common misconceptions prevent you from seeking the compensation you deserve. Remember, gathering evidence, understanding Georgia law, and having experienced legal representation are crucial to building a strong case. It’s vital to understand what your case is really worth.
What should I do immediately after a pedestrian accident?
First, ensure your safety and call 911 to report the accident and request medical assistance. If possible, gather information from the driver, including their insurance details. Take photos of the scene, including vehicle damage and any visible injuries. Seek medical attention as soon as possible, even if you don’t feel immediately injured, and contact an attorney experienced in pedestrian accident cases.
How long do I have to file a lawsuit in a pedestrian accident case in Georgia?
In Georgia, the statute of limitations for personal injury cases, including pedestrian accidents, is generally two years from the date of the accident, according to O.C.G.A. § 9-3-33. However, there may be exceptions to this rule, so it’s best to consult with an attorney as soon as possible to protect your rights.
What types of damages can I recover in a pedestrian accident case?
You may be able to recover damages for medical expenses (past and future), lost wages, pain and suffering, and property damage (if any). In some cases, punitive damages may also be awarded if the driver’s conduct was particularly egregious (e.g., drunk driving or hit and run).
How much does it cost to hire a pedestrian accident lawyer?
Most pedestrian accident lawyers work on a contingency fee basis, which means 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 jury award, often around 33.3% if the case settles before a lawsuit is filed and 40% if a lawsuit is necessary.
What if the driver who hit me was uninsured?
If the driver who hit you was uninsured or underinsured, you may be able to recover compensation from your own uninsured/underinsured motorist (UM/UIM) coverage. This coverage is designed to protect you in situations where the at-fault driver doesn’t have enough insurance to cover your damages. It is imperative to notify your insurance company promptly after the accident.
The most critical thing you can do after a pedestrian accident is to seek legal advice as soon as possible. An experienced attorney can evaluate your case, investigate the accident, and help you navigate the complex legal process. Don’t wait – protect your rights and seek the compensation you deserve. In areas like Dunwoody, pedestrian accidents require swift action to understand your rights.
