Savannah Pedestrian Accident? Don’t Lose Your Right to Sue

Navigating the aftermath of a pedestrian accident in Savannah, Georgia, can be overwhelming, especially with the rampant misinformation surrounding your rights and options. Are you sure you know the truth about pedestrian accident claims, or are you operating under false assumptions that could jeopardize your compensation?

## Myth #1: If I Was Partially at Fault, I Can’t Recover Anything

This is a common misconception that prevents many injured pedestrians from seeking the compensation they deserve. The truth is, Georgia follows a modified comparative negligence rule, as outlined in O.C.G.A. § 51-12-33. This means that you can recover damages even if you were partially at fault for the pedestrian accident, as long as your percentage of fault is less than 50%.

For example, let’s say you were crossing a street in downtown Savannah, near City Market, outside of a designated crosswalk. A driver, who was distracted, hit you. The jury determines that you were 20% at fault for crossing outside the crosswalk, and the driver was 80% at fault for being distracted. If your total damages are assessed at $100,000, you would still be able to recover $80,000. The amount is reduced by your percentage of fault. But if you were found to be 50% or more at fault, you would recover nothing.

## Myth #2: The Insurance Company Is on My Side

This is probably the most dangerous myth of all. Insurance companies are businesses, and their primary goal is to maximize profits. They are not on your side, even if it is your own insurance company. Their adjusters may seem friendly and helpful, but their loyalty lies with the company, not with you.

I had a client last year who was hit by a car while walking near Forsyth Park. The insurance adjuster for the at-fault driver called her almost immediately after the accident, offering a quick settlement. Luckily, she called me before accepting. The initial offer was a paltry $5,000, which wouldn’t even cover her medical bills at Memorial Health University Medical Center. After we got involved and presented a strong case, we were able to secure a settlement of $75,000.

Never accept a settlement offer without first consulting with an experienced Savannah pedestrian accident attorney. An attorney can evaluate the full extent of your damages and negotiate with the insurance company on your behalf to ensure you receive fair compensation. Remember, the first 72 hours after an accident are critical.

## Myth #3: I Have Plenty of Time to File a Lawsuit

Wrong. In Georgia, the statute of limitations for personal injury cases, including pedestrian accident claims, is two years from the date of the injury, per 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 the stress of the accident.

Waiting until the last minute to file a lawsuit can also hurt your case. Evidence can disappear, witnesses’ memories can fade, and the insurance company may become less willing to negotiate. It is crucial to consult with a Savannah lawyer as soon as possible after the accident to protect your rights and ensure that your claim is filed within the deadline.

## Myth #4: I Don’t Need a Lawyer for a Simple Case

There’s no such thing as a “simple” pedestrian accident case. Even if the other driver was clearly at fault, the insurance company will still try to minimize your payout. They might dispute the extent of your injuries, argue that your medical treatment was unnecessary, or claim that you were partially at fault.

Here’s what nobody tells you: the legal system is complex. I’ve seen many individuals try to handle their cases on their own, only to make costly mistakes that ultimately hurt their chances of recovery. A lawyer understands the nuances of Georgia law, knows how to negotiate with insurance companies, and can build a strong case to maximize your compensation. We had a case where the police report initially placed blame on the pedestrian, but we were able to obtain video footage from a nearby business on Broughton Street that clearly showed the driver running a red light. Without that evidence, our client would have had a very difficult time proving their case. It’s important to act fast to protect your claim.

## Myth #5: Only the Driver’s Insurance Covers My Injuries

While the at-fault driver’s insurance is typically the primary source of compensation, there are other potential avenues for recovery. These include:

• Your own auto insurance policy: If you have uninsured/underinsured motorist (UM/UIM) coverage, it can kick in if the at-fault driver is uninsured or has insufficient coverage to fully compensate you for your damages. Georgia law requires drivers to carry minimum liability insurance of $25,000 per person and $50,000 per accident for bodily injury. However, this amount may not be enough to cover serious injuries.
• Med-Pay coverage: This coverage, which you can add to your own auto policy, can help pay for your medical bills regardless of who was at fault for the accident.
• The pedestrian’s own health insurance: Your health insurance will cover your medical bills, but you may have to reimburse them from any settlement you receive.
• Other liable parties: In some cases, other parties may be liable for the accident, such as a negligent property owner who failed to maintain a safe crosswalk.

Pursuing a pedestrian accident claim in Savannah, GA, involves navigating complex legal and insurance issues. Don’t let misinformation derail your pursuit of justice and fair compensation; consulting with a qualified attorney is the surest path to protecting your rights and securing your future. Remember, how much you can realistically win depends on many factors. Also, be aware that a GA pedestrian law change could affect your claim.

Don’t let fear or misinformation prevent you from seeking the compensation you deserve after a pedestrian accident in Savannah, Georgia. The next crucial step? Contact a qualified attorney for a free consultation to discuss your case and understand your legal options.