There’s a shocking amount of misinformation surrounding pedestrian accident claims, especially here in Columbus, Georgia. Many people believe they understand the types of injuries common in these cases, but their assumptions often fall far short of reality. Are you sure you know what to expect after a pedestrian accident?
Key Takeaways
- The myth that only severe impacts cause serious injuries is false; even low-speed collisions can result in debilitating conditions like traumatic brain injuries.
- Insurance companies often try to downplay pedestrian injuries by focusing on pre-existing conditions, but a skilled attorney can demonstrate how the accident aggravated those conditions.
- Contrary to popular belief, pedestrians are not automatically at fault if they weren’t in a crosswalk; Georgia law considers various factors, including driver negligence.
Myth #1: Only High-Speed Impacts Cause Serious Injuries
The misconception is that if a car is moving slowly, a pedestrian accident won’t result in severe injuries. This simply isn’t true. While high-speed collisions certainly lead to catastrophic outcomes, even low-speed impacts can cause significant harm.
Think about it: a pedestrian has no protection. Even at 10-15 mph, the force of a vehicle can easily cause fractures, sprains, and, most concerningly, traumatic brain injuries (TBIs). These injuries often result from the pedestrian hitting the ground. I had a client last year who was struck by a car in downtown Columbus near Broadway. The car was barely moving, maybe 5 mph, but the impact knocked her off balance, and she hit her head on the pavement. She suffered a concussion that caused persistent headaches and memory problems for months.
A study by the National Highway Traffic Safety Administration (NHTSA)(NHTSA) shows that approximately 25% of pedestrian fatalities occur in urban areas with lower speed limits (35 mph or less). This highlights that speed isn’t the only factor determining injury severity.
Myth #2: Pre-Existing Conditions Mean You Can’t Recover Damages
Many people mistakenly believe that if they had a pre-existing condition, they can’t claim damages after a pedestrian accident in Columbus. The insurance company might even try to argue that your current pain and suffering is solely due to your pre-existing condition, not the accident.
Georgia law, specifically O.C.G.A. Section 51-1-11, addresses the aggravation of pre-existing conditions. This means that if the accident worsened your pre-existing condition, you are entitled to compensation for the increased pain, suffering, and medical expenses. It’s crucial to have medical professionals document the extent to which the accident exacerbated your condition. We recently handled a case where our client had a history of back problems. The accident didn’t cause the back issues, but it significantly worsened them. We were able to secure a settlement that covered his additional medical treatment and lost wages due to the aggravated injury.
Here’s what nobody tells you: insurance companies are masters at minimizing payouts. They will scrutinize your medical history looking for any reason to deny or reduce your claim. That’s why it’s so important to have a skilled attorney who can fight for your rights. And, as this article on how to avoid a lowball offer explains, preparation is key.
Myth #3: If You Weren’t in a Crosswalk, You’re Always at Fault
A common misconception is that if a pedestrian accident occurs outside a crosswalk, the pedestrian is automatically at fault. This is simply not the case under Georgia law.
While crossing outside a designated crosswalk can be a factor in determining fault, it doesn’t automatically absolve the driver of responsibility. Georgia follows the principle of modified comparative negligence. This means that even if you were partially at fault, you can still recover damages as long as your percentage of fault is less than 50%. O.C.G.A. Section 51-12-33 outlines these rules. More information can be found in our article about how fault impacts a pedestrian claim.
Factors like driver negligence, visibility, and the availability of crosswalks nearby are all considered. For example, if a driver was speeding, distracted, or failed to yield the right-of-way, they may still be held liable even if the pedestrian wasn’t in a crosswalk. I remember a case where a pedestrian was crossing a street near the Columbus Government Center. There wasn’t a crosswalk at that specific point, but the driver was clearly speeding and didn’t see the pedestrian until it was too late. We successfully argued that the driver’s negligence was the primary cause of the accident.
Myth #4: Insurance Will Cover All Your Medical Bills
The idea that insurance will automatically cover all your medical bills after a pedestrian accident in Columbus, Georgia is a dangerous assumption. While insurance is supposed to help, the reality is often far more complex.
First, the at-fault driver’s insurance company will only pay up to their policy limits. If your medical bills and other damages exceed those limits, you may need to explore other options, such as your own health insurance, MedPay coverage (if you have it), or an underinsured motorist claim. Second, even if the policy limits are sufficient, the insurance company may try to dispute the amount of your medical bills, arguing that they are unreasonable or unnecessary.
In a case we handled involving an accident on Veterans Parkway, the at-fault driver had minimal insurance coverage. The pedestrian’s medical bills quickly exceeded those limits. We were able to secure additional compensation through the client’s underinsured motorist policy, which provided much-needed financial relief. Don’t assume the insurance company is on your side. They are a business, and their goal is to minimize payouts.
Myth #5: Minor Injuries Don’t Warrant Legal Action
There’s a pervasive myth that if you only sustained “minor” injuries in a pedestrian accident, pursuing legal action isn’t worth the effort. This is a potentially costly mistake.
Even seemingly minor injuries can have long-term consequences. A seemingly simple sprain can lead to chronic pain. A mild concussion can cause cognitive issues that affect your ability to work. These issues require ongoing medical care and may result in lost income. Furthermore, the full extent of your injuries may not be immediately apparent. Some symptoms may take days or weeks to manifest. Remember that understanding your case’s worth is crucial, even with minor injuries.
We had a case where a client initially thought they only had whiplash after being hit by a car while crossing Macon Road. However, a few weeks later, they started experiencing severe headaches and dizziness. It turned out they had a more serious head injury than initially diagnosed. By seeking legal representation early on, they were able to ensure that all their medical expenses and lost wages were covered.
It is always a good idea to consult with an attorney after a pedestrian accident, even if you think your injuries are minor. A lawyer can evaluate your case and advise you on your legal options.
What should I do immediately after a pedestrian accident in Columbus?
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 and driver’s license. Take photos of the scene, including the vehicle, your injuries, and any relevant traffic signals or signs. Seek medical attention as soon as possible, even if you don’t feel immediately injured, and contact a qualified attorney.
How long do I have to file a lawsuit after a pedestrian accident 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. Section 9-3-33. It’s crucial to consult with an attorney promptly to ensure your claim is filed within the time limit.
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, property damage (e.g., damaged clothing or personal items), and, in some cases, punitive damages if the driver’s conduct was particularly egregious.
How is fault determined in a pedestrian accident case in Georgia?
Fault is determined based on the specific circumstances of the accident. Factors considered include traffic laws, witness statements, police reports, and evidence from the scene. Georgia follows the rule of modified comparative negligence, meaning you can recover damages as long as you are less than 50% at fault.
What if the driver who hit me was uninsured?
If the driver who hit you was uninsured, you may be able to file 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. If your UM coverage is insufficient, you may have limited options for recovering compensation.
Don’t let misinformation cloud your judgment after a pedestrian accident in Columbus. The most important thing you can do is seek qualified legal counsel. A lawyer specializing in pedestrian accidents can help you understand your rights, navigate the complexities of the legal system, and fight for the compensation you deserve. Especially in a place like Columbus GA, acting fast is important.
