Savannah Pedestrian Accident? Don’t Fall For These Myths

Navigating the aftermath of a pedestrian accident in Savannah, Georgia can be overwhelming, especially when misinformation clouds the process. Are you sure you know your rights, or are you operating under common myths that could jeopardize your claim?

## Myth #1: If I was jaywalking, I have no case.

This is a dangerous oversimplification. While jaywalking can certainly impact your case, it doesn’t automatically disqualify you from receiving compensation after a pedestrian accident in Savannah, Georgia. Georgia follows the rule of comparative negligence, as outlined in O.C.G.A. §51-12-33. 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%.

Let’s say you were crossing Abercorn Street outside of a crosswalk when a driver, distracted by their phone, hit you. The jury might find you 20% at fault for crossing illegally, but the driver 80% at fault for distracted driving. In this scenario, you could still recover 80% of your damages. The key is proving the other party was also negligent and that their negligence contributed to the accident. As we’ve discussed, fault doesn’t bar recovery in many cases.

## Myth #2: The insurance company is on my side and will offer a fair settlement.

Think again. Insurance companies are businesses, and their primary goal is to minimize payouts. While they might seem friendly and helpful initially, their priority is protecting their bottom line. Adjusters often employ tactics to reduce the value of your claim, such as downplaying your injuries or questioning your credibility. They may ask leading questions designed to trip you up or pressure you into accepting a lowball offer.

I recall a case we handled last year where the insurance adjuster initially offered our client, a pedestrian hit near Forsyth Park, a mere $5,000 for their injuries. After we presented a strong case, including medical records, witness statements, and an accident reconstruction report, we were able to secure a settlement of $150,000. Don’t be fooled by their initial offer; it’s rarely the best they can do.

## Myth #3: I don’t need a lawyer; I can handle the claim myself.

While you can technically represent yourself, doing so in a pedestrian accident case is often a mistake. These cases can be complex, involving intricate legal issues, medical terminology, and aggressive insurance tactics. A skilled Georgia attorney specializing in Savannah pedestrian accidents understands the law, knows how to build a strong case, and can negotiate effectively with insurance companies.

We know the local courts and the tactics of the insurance companies that operate here. We know how to gather evidence, hire expert witnesses, and present your case persuasively. More importantly, a lawyer can handle the stress and paperwork, allowing you to focus on your recovery. It’s important to understand your claim’s value before you begin.

Here’s what nobody tells you: insurance companies take unrepresented claimants less seriously. They know they can often get away with offering a lower settlement because the individual lacks the legal knowledge and resources to fight back.

## Myth #4: Only drivers are responsible for pedestrian accidents.

Not necessarily. While drivers often bear the brunt of the blame, pedestrians can also be held liable if their actions contributed to the accident. For example, if a pedestrian darts out into traffic from between parked cars without looking, they could be found partially or fully responsible. However, other parties can also share responsibility.

Consider a scenario where a construction company working on Broughton Street fails to properly mark a work zone, forcing pedestrians to walk in the street. If a pedestrian is then hit by a car, the construction company could be held liable for negligence. Similarly, a city could be held responsible if a poorly maintained crosswalk or malfunctioning traffic signal contributed to the accident. In places like Augusta, pedestrian accidents can have many causes.

## Myth #5: I have plenty of time to file a claim.

False. In Georgia, the statute of limitations for personal injury cases, including pedestrian accident claims, is generally two years from the date of the injury, per O.C.G.A. §9-3-33. This means you have two years to file a lawsuit in court. While two years might seem like a long time, it can pass quickly, especially when you’re dealing with medical treatments, physical therapy, and the emotional aftermath of an accident.

Failing to file a lawsuit within the statute of limitations means you lose your right to sue for damages forever. Don’t delay seeking legal advice. Gathering evidence, investigating the accident, and negotiating with the insurance company takes time. The sooner you contact an attorney, the better protected your rights will be. If you were involved in a pedestrian accident in Alpharetta, or anywhere else in Georgia, time is of the essence.

Time is of the essence. Start building your case immediately.

Don’t let these myths derail your pedestrian accident claim in Savannah, Georgia. Contacting an experienced attorney is the best way to protect your rights and ensure you receive the compensation you deserve.

Don’t gamble with your future. The aftermath of a pedestrian accident is complex enough. Take control by scheduling a consultation with an attorney to understand your rights and explore your options.