Savannah Pedestrian Accident Claim? Don’t Make These Mistake

Being struck by a car while walking is a terrifying experience, and the aftermath can be overwhelming. Navigating the legal process of filing a pedestrian accident claim in Savannah, Georgia can feel impossible while you’re trying to recover. Are you wondering if you even have a case? You probably do, and understanding the steps involved is the first step toward securing the compensation you deserve.

What To Do Immediately After a Pedestrian Accident

The moments following a pedestrian accident are critical. Your actions can significantly impact your health and any potential legal claims. Here’s what you should do:

• Ensure Your Safety: Get out of the road and away from further danger. If you can’t move, call for help immediately.
• Call 911: Report the accident to the police. A police report is essential documentation for your claim. Be sure to tell them everything you remember about what happened.
• Seek Medical Attention: Even if you feel “okay,” see a doctor as soon as possible at a facility like Memorial Health University Medical Center. Internal injuries might not be immediately apparent.
• Gather Information: If possible, collect the driver’s name, insurance information, and license plate number. Get contact information from any witnesses.
• Document the Scene: Take photos or videos of the accident scene, including vehicle damage, your injuries, and any relevant traffic signals or signs.
• Do Not Admit Fault: Avoid saying anything that could be interpreted as admitting fault for the accident, even if you think you might be partially responsible.

Common Mistakes That Can Hurt Your Claim

I’ve seen many well-intentioned people make mistakes after an accident that ultimately damaged their case. Here’s what not to do:

• Delaying Medical Treatment: As I mentioned, get checked out ASAP. A gap in treatment can be used by the insurance company to argue your injuries aren’t serious or weren’t caused by the accident.
• Giving a Recorded Statement Too Soon: The insurance company will likely want to take a recorded statement. Politely decline until you’ve spoken with an attorney. They are not on your side.
• Posting on Social Media: Avoid posting anything about the accident or your injuries on social media. Insurance companies will monitor your accounts for anything they can use against you.
• Accepting the First Settlement Offer: The initial offer is almost always lower than what you’re entitled to. Don’t settle until you know the full extent of your damages.
• Trying to Handle Everything Yourself: Dealing with insurance companies can be incredibly frustrating and complex. A lawyer can protect your rights and negotiate effectively on your behalf.

Building a Strong Pedestrian Accident Claim in Savannah

A successful pedestrian accident claim hinges on proving negligence. This means demonstrating that the driver owed you a duty of care, breached that duty, and that breach caused your injuries and damages. Here’s how we build a strong case:

1. Gathering Evidence: We collect all available evidence, including the police report, medical records, witness statements, photos, and videos. We might even hire an accident reconstruction expert to analyze the scene and determine how the accident occurred.
2. Identifying All Liable Parties: In some cases, the driver isn’t the only party responsible. For example, if the accident was caused by a malfunctioning traffic signal, the city of Savannah could be held liable.
3. Calculating Your Damages: We carefully calculate all your damages, including medical expenses (past and future), lost wages, pain and suffering, and any other out-of-pocket expenses.
4. Negotiating with the Insurance Company: We present a demand package to the insurance company outlining your damages and legal arguments. We then negotiate aggressively to reach a fair settlement.
5. Filing a Lawsuit: If the insurance company refuses to offer a fair settlement, we’ll file a lawsuit to protect your rights. The lawsuit will be filed in the Chatham County State Court, unless the damages exceed $150,000, in which case it goes to Chatham County Superior Court.

Georgia Laws Relevant to Pedestrian Accidents

Several Georgia laws are particularly relevant to pedestrian accident cases. Understanding these laws is essential for building a strong claim:

• O.C.G.A. Section 40-6-91: This statute requires drivers to exercise due care to avoid colliding with any pedestrian on any roadway. It means drivers have a responsibility to be extra cautious around pedestrians, especially in areas with high foot traffic. O.C.G.A. Section 40-6-91 is often the basis of a negligence claim in pedestrian cases.
• O.C.G.A. Section 51-1-6: This law defines negligence as the failure to exercise ordinary care. To win your case, you must prove the driver failed to exercise ordinary care and that failure caused your injuries.
• Comparative Negligence (O.C.G.A. Section 51-12-33): Georgia follows a modified comparative negligence rule. This means you can recover damages even if you were partially at fault for the accident, as long as your percentage of fault is less than 50%. However, your damages will be reduced by your percentage of fault. For example, if your damages are $100,000 and you were 20% at fault, you can recover $80,000.
• Statute of Limitations (O.C.G.A. Section 9-3-33): In Georgia, you generally have two years from the date of the accident to file a lawsuit. If you miss this deadline, you’ll be barred from recovering any compensation.

What Went Wrong First? Failed Approaches to Pedestrian Accident Claims

I’ve seen people try to handle pedestrian accident claims on their own, thinking they can save money on attorney fees. Sometimes, it works out. But more often, I see these approaches fail miserably. Here’s why:

• Underestimating the Insurance Company’s Tactics: Insurance companies are businesses, and their goal is to pay out as little as possible. They use various tactics to minimize or deny claims, such as disputing liability, questioning the severity of injuries, and blaming the pedestrian.
• Lack of Legal Knowledge: Navigating the legal system requires a thorough understanding of Georgia laws and court procedures. Without this knowledge, you’re at a significant disadvantage.
• Difficulty Gathering Evidence: Gathering and preserving evidence can be challenging, especially when dealing with uncooperative witnesses or reluctant police officers.
• Emotional Distress: Dealing with the aftermath of an accident can be emotionally draining. This can make it difficult to think clearly and make sound decisions. I had a client last year who tried to negotiate with the insurance company on her own. She was so frustrated and overwhelmed that she ended up accepting a settlement offer that was far less than what she deserved. She later regretted it, but by then it was too late.

Case Study: Securing Fair Compensation After a Savannah Pedestrian Accident

Let me tell you about a case we handled a few years back. A woman – let’s call her Sarah – was struck by a delivery van while crossing Broughton Street in downtown Savannah. She suffered a broken leg and head trauma. The initial police report placed some blame on Sarah, claiming she wasn’t in the crosswalk. The insurance company for the delivery company denied the claim, arguing their driver wasn’t at fault. We knew we had a fight on our hands.

First, we visited the scene ourselves. We noticed that the crosswalk markings were faded and difficult to see. We also located several witnesses who confirmed that Sarah was attempting to cross the street safely, even if she was a few feet outside the marked crosswalk. We obtained security camera footage from a nearby business that clearly showed the van speeding and failing to yield to Sarah. Using this evidence, we were able to convince the insurance company to reconsider their position. We also worked closely with Sarah’s doctors to document the full extent of her injuries and future medical needs. We hired an economic expert who calculated her lost wages and future earning potential. After several rounds of negotiations, we were able to secure a settlement of $450,000 for Sarah. This compensation covered her medical expenses, lost wages, pain and suffering, and future medical care. Without strong evidence and aggressive negotiation, Sarah would have been left with nothing.

The Benefits of Hiring a Savannah Pedestrian Accident Lawyer

Hiring an experienced pedestrian accident lawyer in Savannah can significantly increase your chances of a successful outcome. Here’s how we can help:

• Protecting Your Rights: We understand the law and will ensure your rights are protected throughout the legal process.
• Investigating Your Accident: We’ll conduct a thorough investigation to gather all available evidence and build a strong case.
• Negotiating with the Insurance Company: We’ll handle all communication with the insurance company and negotiate aggressively on your behalf.
• Filing a Lawsuit: If necessary, we’ll file a lawsuit and represent you in court.
• Maximizing Your Compensation: We’ll fight to recover the full compensation you deserve, including medical expenses, lost wages, pain and suffering, and other damages.

Here’s what nobody tells you: insurance companies are much more likely to offer a fair settlement when they know you have an attorney. They understand that a lawyer is prepared to take the case to trial if necessary, which increases their risk and potential costs. That’s why having a lawyer on your side is so crucial.

While I am an attorney, and this information is for educational purposes, it is not legal advice. You should consult with an attorney to discuss the specific facts of your situation. For example, do you know the 3 steps to protect your rights?

If you were involved in a GA pedestrian accident, proving fault is crucial to winning your case.

Taking the next step towards a realistic settlement is important after an accident.

Taking the Next Step

If you’ve been injured in a pedestrian accident in Savannah, Georgia, don’t delay. Contact an experienced attorney to discuss your legal options. The sooner you take action, the better your chances of securing the compensation you deserve and getting back on your feet.

Don’t let the insurance company dictate the outcome of your pedestrian accident claim. Get a free consultation from a qualified Savannah attorney and understand your options. Knowing your rights is the first step toward a brighter future.