GA Pedestrian Accident Myths: What You Must Know

There’s a shocking amount of misinformation surrounding pedestrian accident claims, especially here in Columbus, Georgia. Many people believe that the injuries sustained in these incidents are always straightforward, or that certain pre-existing conditions automatically disqualify victims from receiving compensation. Are you ready to separate fact from fiction and learn the truth about common pedestrian accident injuries?

Myth 1: All Pedestrian Accident Injuries Are Minor

Misconception: Pedestrian accidents usually result in scrapes and bruises that heal quickly.

Reality: This couldn’t be further from the truth. While minor injuries can occur, pedestrian accidents often lead to severe, life-altering injuries. The sheer force of a vehicle impacting a human body, even at relatively low speeds, can cause catastrophic damage. Think about it: pedestrians have absolutely no protection. I’ve seen cases involving everything from traumatic brain injuries to multiple bone fractures, spinal cord damage, and internal organ injuries. In my experience, the severity of injuries often depends on factors like the speed of the vehicle, the size and weight of the vehicle, and the age and physical condition of the pedestrian.

For instance, a study by the National Highway Traffic Safety Administration (NHTSA) NHTSA found that pedestrian fatalities are more likely to occur in urban areas at night, highlighting the increased risk and potential for severe injuries in these situations. A pedestrian accident in a busy area like Broadway in downtown Columbus can easily result in serious harm.

Myth 2: Pre-Existing Conditions Prevent Recovery

Misconception: If you had a bad back before the accident, you can’t claim damages for back pain.

Reality: Georgia law, specifically O.C.G.A. § 51-12-4, addresses this directly. You are entitled to compensation even if the accident aggravated a pre-existing condition. The key is proving that the accident made your pre-existing condition worse. We often work with medical experts who can clearly demonstrate the difference between your condition before and after the pedestrian accident. I had a client last year who had a history of arthritis. While she had some discomfort before the accident, being hit by a car significantly worsened her condition, requiring extensive physical therapy and pain management. We were able to successfully argue that the accident exacerbated her arthritis, resulting in a substantial settlement.

Here’s what nobody tells you: insurance companies will try to use pre-existing conditions against you. Be prepared to fight back with solid medical evidence and a skilled attorney.

Myth 3: Head Injuries Are Always Obvious

Misconception: If you didn’t hit your head hard or lose consciousness, you don’t have a head injury.

Reality: Traumatic brain injuries (TBIs) can be insidious. Symptoms like headaches, dizziness, memory problems, and difficulty concentrating can appear days or even weeks after the pedestrian accident. These “mild” TBIs, like concussions, can have long-term cognitive effects, impacting your ability to work, study, and even perform everyday tasks. According to the Centers for Disease Control and Prevention (CDC) CDC, even a seemingly minor head injury should be evaluated by a medical professional. I remember a case where the client initially seemed fine after being struck by a car near the intersection of Manchester Expressway and Flat Rock Road. However, a few weeks later, she started experiencing severe headaches and memory loss. It turned out she had a concussion that required extensive treatment and rehabilitation.

Head injuries can be costly, too. Treatment, therapy, and lost wages can easily add up to tens or even hundreds of thousands of dollars. If you’re dealing with this, it’s important to understand the value of your head injury claim.

Myth 4: Broken Bones Are the Only Serious Injury

Misconception: Once your broken bones heal, you’re good as new.

Reality: While broken bones are certainly a common and painful result of pedestrian accident incidents, the complications and long-term effects can be significant. A fracture, especially in a weight-bearing bone like the femur or tibia, can require surgery, physical therapy, and months of rehabilitation. And even after the bone heals, you may experience chronic pain, stiffness, and limited mobility. But beyond the bones, there are soft tissue injuries. Ligament tears, muscle strains, and nerve damage can be just as debilitating and require extensive treatment. A pedestrian accident near the Columbus Riverwalk, for instance, can lead to someone falling and sustaining multiple injuries beyond just fractures.

We ran into this exact issue at my previous firm. A client suffered a fractured tibia and a torn rotator cuff after being hit by a delivery van. While the tibia healed relatively well, the rotator cuff injury required multiple surgeries and ongoing physical therapy. Years later, she still experiences pain and limited range of motion in her shoulder.

Myth 5: The Insurance Company Is On Your Side

Misconception: The insurance company will fairly compensate you for your injuries and losses.

Reality: Let’s be blunt: the insurance company is a business, and their goal is to minimize payouts. They may offer you a quick settlement that seems appealing but is far less than what you’re actually entitled to. They may downplay the severity of your injuries or try to blame you for the accident. Remember, they have experienced adjusters and lawyers working for them. You need someone on your side who will fight for your rights and ensure you receive fair compensation. Don’t sign anything or agree to anything without first consulting with an attorney who specializes in pedestrian accident cases in Georgia.

I had a client who was offered a mere $5,000 by the insurance company after suffering a broken leg and a concussion. After we got involved, we were able to negotiate a settlement of $150,000, which more accurately reflected the extent of his injuries and losses. Always seek legal advice before accepting any settlement offer. That $5,000 wouldn’t even cover the emergency room visit at Piedmont Columbus Regional. It’s crucial to understand how much you can really recover after such an incident.

Don’t let misinformation dictate your next steps after a pedestrian accident. Contact a qualified attorney to understand your rights and pursue the compensation you deserve. Remember, even if you are less than 50% at fault, you may still be entitled to compensation. Also, it’s important to know what to do right away to protect your claim.

Don’t delay seeking legal counsel. The sooner you act, the better your chances of building a strong case and receiving the compensation you deserve.