Savannah Pedestrian Accident? Your 5-Step Legal Guide

Filing a Pedestrian Accident Claim in Savannah, GA

Being struck by a vehicle as a pedestrian can result in devastating injuries. Navigating the legal aftermath of a pedestrian accident in Savannah, Georgia, can feel overwhelming. Do you know what steps to take to protect your rights and secure the compensation you deserve?

Understanding Georgia’s Pedestrian Laws

Georgia law outlines the rights and responsibilities of both pedestrians and drivers. O.C.G.A. Section 40-6-91, for instance, addresses pedestrian rights in crosswalks. It states that when traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. But what happens when a driver violates these laws and causes an accident?

Pedestrians are generally expected to exercise due care and caution for their own safety, but drivers have a responsibility to be vigilant and avoid hitting pedestrians. Drivers have a higher duty to protect vulnerable road users. If a driver fails to uphold their duty of care and causes a pedestrian accident, they can be held liable for the resulting damages. You can prove fault in your GA pedestrian accident case with the right evidence.

Steps to Take After a Pedestrian Accident in Savannah

If you’ve been involved in a pedestrian accident in Savannah, taking the right steps immediately afterward is crucial.

• Report the Accident: Call 911 and ensure that the Savannah Police Department is dispatched to the scene. Obtain a copy of the police report, as it will serve as vital documentation for your claim.
• Seek Medical Attention: Even if you feel fine, get checked out by a doctor at Memorial Health University Medical Center or St. Joseph’s Hospital. Internal injuries or soft tissue damage might not be immediately apparent.
• Gather Information: If possible, collect the driver’s name, contact information, insurance details, and license plate number. Get contact information from any witnesses who saw the accident.
• Document the Scene: Take photos and videos of the accident scene, including your injuries, vehicle damage, and any relevant road conditions.
• Contact an Attorney: Before speaking with any insurance company representatives, consult with a Georgia attorney specializing in pedestrian accident claims. An attorney can protect your rights and guide you through the legal process.

Establishing Negligence in a Savannah Pedestrian Accident Case

To successfully pursue a pedestrian accident claim in Savannah, you must prove that the driver’s negligence caused your injuries. Negligence can take many forms, including:

• Distracted Driving: Texting, talking on the phone, or otherwise not paying attention to the road.
• Speeding: Exceeding the posted speed limit or driving too fast for conditions.
• Drunk Driving: Operating a vehicle under the influence of alcohol or drugs.
• Failure to Yield: Not yielding the right-of-way to a pedestrian in a crosswalk.
• Violation of Traffic Laws: Disregarding traffic signals, signs, or other traffic regulations.

We had a case a few years ago where our client was struck in downtown Savannah near City Market. The driver claimed they didn’t see our client because it was dark. However, we obtained surveillance footage from a nearby business that clearly showed the driver was looking down at their phone moments before the impact. That evidence was instrumental in securing a favorable settlement for our client. If you have been involved in a pedestrian accident, it is important to know your rights regarding fault and evidence.

Here’s what nobody tells you: insurance companies will try to minimize your payout. They might argue that you were partially at fault for the accident (more on that in the next section), or that your injuries aren’t as severe as you claim. That’s why having an experienced attorney on your side is so important.

Comparative Negligence in Georgia

Georgia follows a modified comparative negligence rule, as outlined in O.C.G.A. Section 51-12-33. This means that you can recover damages even if you were partially at fault for the accident, but your recovery will be reduced by your percentage of fault. If you are found to be 50% or more at fault, you cannot recover any damages.

For example, if you were jaywalking when you were hit by a car, a jury might find you 20% at fault. If your total damages are $100,000, you would only be able to recover $80,000.

The insurance company will almost certainly try to argue that you were at fault, even if you weren’t. They might claim that you weren’t paying attention, that you darted out into traffic, or that you were wearing dark clothing at night. Your attorney will fight to protect you from these accusations and ensure that you receive fair compensation. It’s important to understand Georgia pedestrian accidents and potential traps to avoid.

Damages You Can Recover in a Pedestrian Accident Claim

If you’ve been injured in a pedestrian accident in Savannah, Georgia, you may be entitled to recover various types of damages, including:

• Medical Expenses: This includes past and future medical bills, such as hospital stays, doctor visits, physical therapy, and prescription medications.
• Lost Wages: You can recover lost income if your injuries have prevented you from working. This includes both past and future lost wages.
• Pain and Suffering: This compensates you for the physical pain and emotional distress caused by your injuries.
• Property Damage: If any of your personal property was damaged in the accident, such as your phone or glasses, you can recover the cost of repair or replacement.
• Punitive Damages: In cases where the driver’s conduct was particularly egregious, such as drunk driving or reckless driving, you may be able to recover punitive damages, which are intended to punish the driver and deter similar conduct in the future.

Let’s consider a hypothetical case study. Imagine a pedestrian was struck by a car while crossing Abercorn Street in Savannah. The pedestrian suffered a broken leg, a concussion, and significant emotional trauma. Their medical bills totaled $50,000, and they lost $20,000 in wages due to being unable to work. After a thorough investigation and negotiation with the insurance company, we were able to secure a settlement of $200,000 for the client, which included compensation for their medical expenses, lost wages, pain and suffering, and emotional distress. Understanding GA pedestrian accident compensation can help you assess the value of your claim.

Don’t underestimate the long-term impact of a pedestrian accident. The physical and emotional scars can last for years, impacting your ability to work, enjoy life, and maintain relationships. Seeking legal representation is about more than just getting a settlement – it’s about securing your future.

Filing a pedestrian accident claim in Savannah is a complex process that requires a thorough understanding of Georgia law and insurance practices. Consulting with an experienced attorney is the best way to protect your rights and maximize your chances of recovering the compensation you deserve.

While the aftermath of a pedestrian accident can be difficult, understanding your rights and taking swift action are paramount. Don’t delay: secure a free consultation with a Savannah attorney today to discuss your case.