Navigating the aftermath of a pedestrian accident in Savannah, Georgia can feel overwhelming, but understanding your rights is paramount. Unfortunately, misinformation abounds, often leading victims to make decisions that jeopardize their claims. Are you falling for these common myths?
Key Takeaways
- You have two years from the date of your pedestrian accident in Georgia to file a lawsuit, per O.C.G.A. § 9-3-33.
- Even if you were partially at fault for the accident, you may still be able to recover damages in Georgia, as long as you are less than 50% responsible.
- Consulting with a Savannah-based attorney specializing in pedestrian accidents can help you understand the true value of your claim and protect your rights against insurance companies.
## Myth #1: If I Was Partially at Fault, I Can’t Recover Anything
This is a major misconception I hear constantly. Many believe that if they jaywalked or weren’t paying full attention when crossing the street, they automatically forfeit any right to compensation after a pedestrian accident. In Georgia, that’s simply not true.
Georgia follows a modified comparative negligence rule, outlined in O.C.G.A. § 51-12-33. This means that you can still recover damages even if you were partially at fault, as long as your percentage of fault is less than 50%. The amount you recover will be reduced by your percentage of fault. For example, if you sustained $10,000 in damages but were found to be 20% at fault, you could still recover $8,000. However, if you are found to be 50% or more at fault, you cannot recover any damages.
We had a case last year where our client was crossing Abercorn Street outside of a crosswalk near Forsyth Park. He wasn’t paying attention to the signal, and a driver, who was also distracted, struck him. The insurance company initially denied the claim, arguing our client was entirely at fault. We investigated, obtained witness statements, and presented evidence that the driver was speeding and on their phone. We ultimately negotiated a settlement where our client was found to be 30% at fault, allowing him to recover a significant portion of his damages. Don’t assume you have no case just because you weren’t perfect. You may be wondering, are you really at fault?
## Myth #2: The Insurance Company is On My Side and Will Offer Me a Fair Settlement
Here’s what nobody tells you: the insurance company is not your friend. They are a business, and their goal is to minimize payouts. While the adjuster may seem friendly and helpful, they are ultimately working to protect the insurance company’s bottom line. They might try to get you to make recorded statements that can be used against you later, or offer a quick settlement that is far less than what your claim is actually worth.
Insurance companies often use software like Colossus to generate settlement offers. These programs analyze data from past claims and assign values to different injuries and treatments. While this may seem objective, the software often undervalues claims, especially those involving serious injuries or long-term medical care.
I’ve seen countless cases where the initial offer from the insurance company was a fraction of what the client ultimately recovered after we got involved. Don’t assume the first offer is the best offer. Get legal advice before accepting anything.
## Myth #3: I Don’t Need a Lawyer for a “Simple” Pedestrian Accident
“Simple” pedestrian accidents rarely exist. Even if the facts seem straightforward, there can be hidden complexities that impact the value of your claim. For example, determining the full extent of your damages, including future medical expenses, lost wages, and pain and suffering, can be challenging without expert guidance.
Furthermore, insurance companies often employ tactics to minimize payouts, such as disputing liability, questioning the severity of your injuries, or arguing that your medical treatment was unnecessary. A lawyer can protect your rights and ensure that you receive fair compensation for your losses. We know the local courts, the judges, and the defense attorneys. This familiarity can be a huge advantage in negotiating a settlement or presenting your case at trial.
Think about it: would you represent yourself in a complex medical malpractice case? Probably not. A pedestrian accident case, especially one involving serious injuries, requires a similar level of expertise. If you need help choosing a lawyer, read more about finding the right GA lawyer.
## Myth #4: I Have Plenty of Time to File a Claim
This is a dangerous assumption. In Georgia, the statute of limitations for personal injury claims, including pedestrian accident cases, is two years from the date of the accident, according to O.C.G.A. § 9-3-33. While two years may seem like a long time, it can pass quickly, especially when you are dealing with medical treatment, recovery, and other challenges.
If you fail to file a lawsuit within the statute of limitations, you will lose your right to recover any compensation for your injuries. This can have devastating consequences, especially if you have incurred significant medical expenses or lost income.
Don’t wait until the last minute to seek legal advice. The sooner you contact an attorney, the better protected you will be. We can begin investigating your claim, gathering evidence, and negotiating with the insurance company right away. If you are worried about time, know your rights and time limits.
## Myth #5: Only People With Serious Injuries Can File a Claim
While serious injuries certainly warrant a claim, you don’t have to be permanently disabled to seek compensation after a pedestrian accident. Even seemingly minor injuries, such as sprains, strains, or whiplash, can result in medical expenses, lost wages, and pain and suffering.
The key is to document your injuries and seek medical treatment as soon as possible after the accident. This will help establish a clear link between the accident and your injuries, and it will provide evidence of the extent of your damages. Even if you think your injuries are minor, it’s always best to get checked out by a doctor. A good lawyer can even help you understand how injuries impact your claim.
We had a client who was hit by a car while crossing Broughton Street in downtown Savannah. She initially thought she was just shaken up, but she later developed severe headaches and neck pain. It turned out she had a mild concussion and whiplash. We were able to help her recover compensation for her medical expenses, lost wages, and pain and suffering, even though her injuries weren’t initially apparent.
Navigating a pedestrian accident claim in Savannah, Georgia can be daunting, but arming yourself with accurate information is the first step. Don’t let common misconceptions derail your pursuit of justice.
What should I do immediately after a pedestrian accident?
Your safety is paramount. Move to a safe location and call 911 to report the accident and request medical assistance. Exchange information with the driver, if possible, and gather contact information from any witnesses. Document the scene by taking photos or videos of the damage, injuries, and surrounding area. Seek medical attention as soon as possible, even if you don’t feel immediately injured, and follow your doctor’s recommendations.
How is fault determined in a pedestrian accident case?
Fault is determined by investigating the circumstances surrounding the accident. This may involve reviewing police reports, witness statements, medical records, and other evidence. Factors that can influence fault include whether the driver was speeding, distracted, or under the influence of drugs or alcohol, and whether the pedestrian was crossing the street legally and paying attention to their surroundings. Georgia’s comparative negligence laws (O.C.G.A. § 51-12-33) will be applied.
What types of damages can I recover in a pedestrian accident claim?
You may be able to recover damages for medical expenses, lost wages, pain and suffering, property damage (such as damage to your clothing or personal belongings), and future medical expenses and lost earning capacity, if applicable.
How much does it cost to hire a pedestrian accident lawyer in Savannah?
Most personal injury lawyers, including those specializing in pedestrian accidents, work on a contingency fee basis. This means that you don’t pay any upfront fees, and the lawyer only gets paid if they recover compensation for you. The lawyer’s fee is typically a percentage of the settlement or court award.
What if the driver who hit me was uninsured or underinsured?
If the driver who hit you was uninsured or underinsured, you may be able to recover compensation from your own insurance policy through uninsured/underinsured motorist (UM/UIM) coverage. This coverage protects you if you are injured by a driver who doesn’t have enough insurance to cover your damages. It is crucial to review your policy and understand your coverage limits.
Don’t let fear of the unknown keep you from seeking the compensation you deserve. Contact a qualified Savannah attorney specializing in pedestrian accident cases today to discuss your options and protect your rights. It’s time to get the clarity and support you need to move forward. If you are ready to get max compensation explained, check out this article.
