GA Pedestrian Hit? Fault Doesn’t Kill Your Claim

The aftermath of a pedestrian accident in Georgia, especially near a busy area like Roswell, can be overwhelming, but understanding your legal rights is paramount amidst the confusion. Are you under the false impression that you have no legal recourse if you were partially at fault?

## Myth 1: If I Was Partially at Fault, I Have No Case

This is perhaps the most damaging misconception. Many people believe that if they were even slightly responsible for a pedestrian accident, they automatically forfeit their right to compensation. This isn’t true in Georgia. Georgia operates under a modified comparative negligence system. 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%. According to O.C.G.A. § 51-12-33, your recovery will be reduced by the percentage of your fault.

For example, imagine you were crossing the street against a “Don’t Walk” signal near the intersection of Holcomb Bridge Road and Alpharetta Highway in Roswell. A driver, distracted by their phone, hits you. Let’s say a jury determines you were 20% at fault for crossing against the signal, and the driver was 80% at fault. If your total damages (medical bills, lost wages, pain and suffering) are assessed at $100,000, you could still recover $80,000. However, if you were deemed 50% or more at fault, you would recover nothing. That’s why it’s critical to consult with a lawyer to assess fault accurately.

## Myth 2: The Driver’s Insurance Company is On My Side

Don’t be fooled. The insurance company’s primary goal is to minimize their payout, plain and simple. They may seem friendly and helpful initially, but their loyalty lies with their policyholder, the driver. They might try to get you to make a recorded statement early on, hoping you’ll say something that weakens your claim. They could even offer you a quick settlement that is far less than what you deserve.

I had a client last year who was hit by a car while walking in a crosswalk near North Point Mall. The insurance adjuster called her the day after the accident, expressing concern and offering a small amount to “cover immediate medical expenses.” Fortunately, she contacted us before accepting anything. After a thorough investigation, we discovered the driver had a history of traffic violations and the insurance company was trying to take advantage of her vulnerable state. We ultimately secured a settlement that was significantly higher than their initial offer, covering all her medical bills, lost wages, and pain and suffering. Remember, always consult with an attorney before speaking with the insurance company about the details of the pedestrian accident. And remember, it’s important not to jeopardize your claim by speaking to the insurance company alone.

## Myth 3: I Don’t Need a Lawyer; I Can Handle the Claim Myself

While it’s technically possible to represent yourself, it’s rarely advisable, especially in a complex pedestrian accident case. The legal process can be daunting, filled with confusing paperwork, strict deadlines, and intricate legal arguments. You’ll be up against experienced insurance adjusters and defense attorneys who know the system inside and out. They will exploit any weakness in your case.

Here’s what nobody tells you: insurance companies often take unrepresented claimants less seriously. They know you’re less likely to file a lawsuit and more likely to accept a lowball settlement. A lawyer can level the playing field, negotiate effectively on your behalf, and, if necessary, take your case to trial. Furthermore, a lawyer can help you gather crucial evidence, such as accident reconstruction reports and expert medical opinions, to strengthen your claim. Considering steps to protect your claim early on is always a good idea.

## Myth 4: Only the Driver is Liable

While the driver is often the primary party at fault in a pedestrian accident, other parties may also share liability. For instance, if the accident occurred due to a poorly maintained crosswalk or inadequate signage, the city or county could be held responsible. If a defective vehicle part contributed to the accident, the manufacturer could be liable.

We ran into this exact issue at my previous firm. A pedestrian was seriously injured on Mansell Road in Roswell due to a malfunctioning traffic light. Our investigation revealed that the city had been aware of the issue for months but failed to repair it promptly. We successfully sued the city for negligence, obtaining a substantial settlement for our client. Identifying all potential liable parties is crucial to maximizing your recovery. Understanding fault and evidence is vital, as discussed in this article about GA pedestrian accidents.

## Myth 5: I Have Plenty of Time to File a Lawsuit

Don’t delay! In Georgia, there’s a statute of limitations on personal injury claims, including pedestrian accident cases. Generally, you have two years from the date of the accident to file a lawsuit. This is defined in O.C.G.A. § 9-3-33. If you miss this deadline, you lose your right to sue, regardless of the severity of your injuries.

Two years may seem like a long time, but it can pass quickly, especially while you’re dealing with medical treatment, recovery, and other challenges. Furthermore, gathering evidence and building a strong case takes time. Witness memories fade, and evidence can disappear. Starting the legal process as soon as possible is always in your best interest. You must know your rights & time limit.

## Myth 6: All Lawyers Charge the Same Fees

This is simply not true. Lawyers’ fees can vary depending on their experience, expertise, and the complexity of the case. Most personal injury attorneys, including those specializing in pedestrian accidents, work on a contingency fee basis. This means you don’t pay any upfront fees. The lawyer only gets paid if they recover compensation for you, and their fee is a percentage of the settlement or court award.

However, the percentage can vary. Some lawyers charge 33.3% if the case settles before a lawsuit is filed, and 40% if a lawsuit is necessary. Others may have different fee structures. It’s essential to discuss fees upfront and understand the terms of the agreement before hiring a lawyer. Don’t hesitate to ask questions and compare fees from different attorneys.

Don’t let misinformation cloud your judgment after a pedestrian accident. Understanding your rights and taking swift action is paramount. The single best thing you can do right now is schedule a consultation with a qualified Georgia personal injury attorney.