Navigating a pedestrian accident in Georgia, especially in a city like Augusta, can be overwhelming, and misinformation abounds regarding who is at fault. But don’t fall for the common myths — understanding the truth is your first step to justice.
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.
- Police reports in Georgia pedestrian accidents are admissible as evidence, but only the factual findings, not the officer’s opinions or conclusions.
- You have two years from the date of the accident to file a personal injury claim in Georgia due to a pedestrian accident, per O.C.G.A. § 9-3-33.
- If a driver injures a pedestrian in a crosswalk in Augusta and flees the scene, immediately contact the Augusta Police Department and seek medical attention.
## Myth #1: If a Pedestrian Is in the Roadway, It’s Automatically Their Fault
This is a dangerous and pervasive misconception. While pedestrians have a responsibility to exercise due care and obey traffic signals where they exist, drivers also have a duty to exercise reasonable care to avoid hitting pedestrians, regardless of where they are. Georgia law, specifically O.C.G.A. § 40-6-91, outlines pedestrian rights and responsibilities. Even if a pedestrian is crossing outside of a crosswalk, a driver can still be found at fault if they were speeding, distracted, or otherwise negligent. The legal standard is “reasonable care under the circumstances.”
I recall a case we handled near the Augusta University campus where a student was struck while jaywalking late at night. The initial police report seemed to place the blame squarely on the student. However, after further investigation, we discovered the driver was texting and driving. We were able to demonstrate the driver’s negligence was the primary cause of the accident, leading to a favorable settlement for the student.
## Myth #2: A Police Report Determines Fault in a Georgia Pedestrian Accident
While a police report is a valuable piece of evidence, it’s not the final word on fault. In Georgia, police reports are admissible in court, but only the factual findings are considered evidence. An officer’s opinion about who was at fault is not admissible. The insurance company will conduct its own investigation, and ultimately, a judge or jury may decide who was at fault based on all the evidence presented.
The police are usually on the scene immediately following an accident. They collect important information and witness statements, but their opinion is just that: an opinion. For example, I had a client who was hit by a car while legally crossing Broad Street in downtown Augusta. The officer initially noted in the report that the driver had the right-of-way. However, we were able to obtain security camera footage showing the driver ran a red light. This evidence completely contradicted the initial assessment and proved the driver’s negligence. And as this post explains, proving fault is essential to win your case.
## Myth #3: If You Were Partially at Fault, You Can’t Recover Any Damages
Georgia follows the rule of modified comparative negligence. This means that even if you were partially at fault for the accident, you can still recover damages as long as your percentage of fault is less than 50%. However, your damages will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 20% at fault, you will only receive $80,000. This is a critical point to understand, because insurance companies often try to unfairly assign a high percentage of fault to the pedestrian.
A recent study by the Georgia Department of Transportation ([GDOT](https://www.dot.ga.gov/)) showed that pedestrian fatalities are on the rise in urban areas. This underscores the importance of understanding your rights, even if you believe you might share some blame for the accident.
## Myth #4: You Have Plenty of Time to File a Lawsuit
This is a dangerous assumption. In Georgia, the statute of limitations for personal injury claims is two years from the date of the accident, per O.C.G.A. § 9-3-33. If you don’t file a lawsuit within that time frame, you will lose your right to sue. Two years may seem like a long time, but it’s crucial to consult with an attorney as soon as possible after a pedestrian accident to investigate the accident, gather evidence, and protect your rights. Many people don’t realize that even in a city like Augusta, pedestrian accident cases can be complex.
We had a case last year where a woman was seriously injured in a pedestrian accident near the intersection of Washington Road and Belair Road in Augusta. She initially thought she would recover quickly and didn’t seek legal advice right away. By the time she realized the extent of her injuries and contacted us, valuable evidence had been lost, making it more difficult to prove her case. Don’t make the same mistake.
## Myth #5: All Pedestrian Accident Cases Are the Same
Every pedestrian accident case is unique and fact-dependent. The specific circumstances of the accident, the extent of your injuries, the availability of evidence, and the applicable insurance coverage all play a role in determining the outcome of your case. There’s no one-size-fits-all approach. As we’ve seen, negligence is a key factor.
For example, consider two scenarios. In one, a pedestrian is struck by a commercial vehicle owned by a large corporation. In the other, a pedestrian is hit by an uninsured driver. The legal strategies and potential recovery options will be drastically different in each case. The first case might involve complex litigation against a well-funded corporation, while the second might require pursuing an uninsured motorist claim through your own insurance policy. Cases involving serious injuries often require expert medical testimony and economic analysis to accurately assess the full extent of the damages. Also, keep in mind that the potential claim value can vary greatly.
What should I do immediately after being hit by a car as a pedestrian in Augusta?
First, seek immediate 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. Call the police to file a report, and contact an attorney as soon as possible to protect your rights.
What types of damages can I recover in a Georgia pedestrian accident case?
You may be able to recover economic damages such as medical expenses, lost wages, and property damage, as well as non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life.
What if the driver who hit me was uninsured?
If the driver who hit you was uninsured, you may be able to pursue an uninsured motorist claim through your own auto insurance policy. This coverage protects you if you are injured by an uninsured driver.
How much does it cost to hire a pedestrian accident lawyer in Georgia?
Most pedestrian accident lawyers in Georgia work on a contingency fee basis, meaning you don’t pay any attorney’s fees unless they recover compensation for you. The fee is typically a percentage of the settlement or jury award.
What if I was not in a crosswalk when I was hit?
Even if you were not in a crosswalk, you may still be able to recover damages if the driver was negligent. Georgia law requires drivers to exercise reasonable care to avoid hitting pedestrians, regardless of their location.
Don’t let misinformation cloud your judgment after a pedestrian accident in Georgia, especially in a complex urban environment like Augusta. The best action you can take is to consult with an experienced attorney who can evaluate the specific facts of your case and advise you on your legal options. Waiting even a day can jeopardize your claim.
