The aftermath of a pedestrian accident in Roswell, Georgia, can be overwhelming, and unfortunately, misinformation abounds. Are you aware of your legal rights if you’ve been injured?
Myth #1: If the Pedestrian Was Partially at Fault, They Have No Claim
This is a huge misconception. Many people believe that if a pedestrian contributed in any way to the accident, they automatically forfeit their right to compensation. This simply isn’t true in Georgia. Georgia operates under a modified comparative negligence rule, as outlined in O.C.G.A. § 51-12-33. This means that a pedestrian can still recover damages even if they were partially at fault, as long as their percentage of fault is less than 50%.
For example, let’s say a pedestrian was crossing Holcomb Bridge Road outside of a marked crosswalk in Roswell, and a driver who was speeding hit them. If a jury determines the pedestrian was 20% at fault for not using a crosswalk, they can still recover 80% of their damages. However, if the pedestrian was deemed 50% or more at fault, they would be barred from recovering anything.
Myth #2: The Driver’s Insurance Company Is On Your Side
This is perhaps the most dangerous myth of all. Insurance companies are businesses, and their primary goal is to minimize payouts. While they may seem friendly and helpful initially, their loyalty lies with their policyholder, the driver. They will look for any reason to deny or reduce your claim. Don’t be fooled by their initial demeanor. Their adjusters are trained to ask questions designed to trap you into saying something that hurts your case. They might offer a quick settlement, hoping you’ll accept it before realizing the full extent of your injuries and damages. You need someone looking out for your best interests.
Hit as a pedestrian?
Even if you were jaywalking, you may still have a valid claim. Most victims don’t know this.
Myth #3: You Don’t Need a Lawyer for a “Minor” Pedestrian Accident
Even what seems like a “minor” pedestrian accident can have significant consequences. What starts as a sprained ankle could develop into chronic pain. I had a client last year who was hit by a car while walking near Canton Street in downtown Roswell. Initially, she only felt some soreness. However, within a few weeks, she developed severe back pain that required extensive physical therapy and even injections. What she initially thought was a “minor” accident turned into thousands of dollars in medical bills and lost wages. The insurance company initially offered her a pittance, but with legal representation, we were able to secure a settlement that covered her medical expenses, lost wages, and pain and suffering.
Moreover, it’s important to consider long-term effects. A seemingly minor head injury could lead to cognitive issues down the line. It’s always best to consult with an attorney to fully understand your rights and options, regardless of how “minor” the accident appears. Plus, here’s what nobody tells you: sometimes the long-term effects aren’t even physical. The trauma of being hit by a car can lead to anxiety, depression, and PTSD. These are real damages that deserve compensation.
Myth #4: Filing a Lawsuit Is Always Necessary
Many people fear that pursuing a pedestrian accident claim means automatically going to court and enduring a lengthy, expensive trial. In reality, most pedestrian accident cases are settled out of court through negotiation with the insurance company. A lawsuit is typically only filed if the insurance company refuses to offer a fair settlement. Often, the act of filing a lawsuit is what prompts the insurance company to take the claim seriously and offer a more reasonable settlement.
We ran into this exact issue at my previous firm. We represented a pedestrian who was struck by a vehicle near the intersection of Mansell Road and GA-400. The insurance company initially denied the claim, arguing that the pedestrian was jaywalking. We filed a lawsuit, and within a few weeks, the insurance company offered a settlement that was significantly higher than their initial offer. The case never went to trial. I’ve found that simply demonstrating a willingness to fight for your rights can be a powerful tool in negotiations. It signals to the insurance company that you’re serious about your claim and that you’re not going to back down.
Myth #5: You Have Plenty of Time to File a Claim
This is a dangerous assumption. In Georgia, there’s a statute of limitations for personal injury claims, including pedestrian accidents. As specified in O.C.G.A. § 9-3-33, you generally have two years from the date of the accident to file a lawsuit. If you wait longer than that, your claim will be barred, regardless of how strong your case is. Two years may seem like a long time, but it can pass quickly, especially when you’re dealing with medical treatment, recovery, and other challenges. Gathering evidence, interviewing witnesses, and negotiating with the insurance company can all take time. Don’t delay in seeking legal advice. The sooner you speak with an attorney, the better protected your rights will be.
What should I do immediately after a pedestrian accident in Roswell?
Your priority is your health and safety. Seek immediate medical attention, even if you don’t feel seriously injured. Call the police to file a report. Gather information from the driver, including their name, insurance information, and driver’s license number. If possible, take photos of the accident scene, including any visible injuries, vehicle damage, and road conditions. Contact an attorney as soon as possible.
What types of damages can I recover in a pedestrian accident case?
You may be able to recover compensation for medical expenses (past and future), lost wages, pain and suffering, property damage (if any), and potentially punitive damages if the driver’s conduct was particularly egregious (e.g., drunk driving).
How much does it cost to hire a pedestrian accident lawyer in Roswell?
Most pedestrian accident attorneys work on a contingency fee basis. This means that you don’t pay any attorney’s fees unless they recover compensation for you. The fee is typically a percentage of the settlement or verdict. This arrangement makes legal representation accessible to people who might not otherwise be able to afford it.
What if the driver who hit me was uninsured?
If the driver was uninsured, you may be able to recover compensation through your own uninsured motorist (UM) coverage. UM coverage protects you if you’re injured by an uninsured driver. It’s important to review your own insurance policy to determine the extent of your UM coverage.
Can I still recover damages if I was not in a crosswalk?
Yes, you can potentially still recover damages even if you were not in a crosswalk. Georgia’s modified comparative negligence rule applies. Your recovery will depend on the degree to which you were at fault for the accident. If you were less than 50% at fault, you can recover damages, but your recovery will be reduced by your percentage of fault.
Navigating the legal complexities of a pedestrian accident in Roswell can be daunting. Don’t let misinformation jeopardize your rights. By understanding these common myths and seeking legal guidance, you can protect your interests and pursue the compensation you deserve. Remember, the laws are there to protect you, but you have to take the first step.
If you or a loved one has been involved in a pedestrian accident in Georgia, particularly in the Roswell area, don’t hesitate to seek professional legal advice. Instead of trying to navigate the complexities of insurance claims and legal procedures on your own, contact an attorney for a consultation. A consultation is free, and can help you take the first step toward recovery.
If you’re unsure what your case is really worth, speaking with an attorney is crucial. Also, remember that proving fault is key in any pedestrian accident case. And for those in nearby areas like Alpharetta, it’s good to know your next steps after an Alpharetta pedestrian accident.
