Savannah Pedestrian Accident? Fault Doesn’t End Claim

There’s a lot of misinformation circulating about what to do after a pedestrian accident in Savannah, Georgia, and falling for it can cost you. Are you sure you know the truth about your rights and options after being hit by a car?

Key Takeaways

  • You have two years from the date of your pedestrian accident to file a lawsuit in Georgia, 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, as Georgia follows a modified comparative negligence rule.
  • Consulting with a Savannah attorney specializing in pedestrian accidents can help you understand the full value of your claim, including potential compensation for medical bills, lost wages, and pain and suffering.

Navigating the aftermath of a pedestrian accident in Savannah, Georgia can feel overwhelming. Between dealing with injuries, medical bills, and insurance companies, it’s easy to get lost in the noise. Unfortunately, many misconceptions exist about pedestrian accident claims, which can prevent victims from receiving the compensation they deserve. I’ve seen this firsthand, advising clients who initially believed they had no recourse, only to discover they had a viable case.

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

This is a common misconception that stops many injured pedestrians from pursuing a claim. 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 still recover damages even if you were partially at fault for the accident, as long as your percentage of fault is less than 50%. If you are hit in Alpharetta, Georgia law can also impact your recovery.

For example, imagine you were jaywalking across Broughton Street in downtown Savannah when you were hit by a car. The driver was speeding, but you weren’t using a crosswalk. If a jury determines you were 30% at fault and the driver was 70% at fault, you can still recover 70% of your damages. However, if you were found to be 50% or more at fault, you would be barred from recovering any compensation.

The insurance company may try to pin more blame on you to reduce their payout. Don’t let them. An experienced attorney can investigate the accident, gather evidence, and argue your case to ensure your percentage of fault is accurately assessed.

## Myth #2: The Insurance Company Is on My Side and Will Offer a Fair Settlement

Here’s what nobody tells you: insurance companies are businesses, and their primary goal is to minimize payouts. While they may seem friendly and helpful initially, their loyalty lies with their shareholders, not with you. They might offer you a quick settlement, but these offers are often far below the true value of your claim.

I once had a client who was hit by a car while walking near Forsyth Park. The insurance company offered her $5,000, claiming that was all she was entitled to. After consulting with us and conducting a thorough investigation, we discovered her medical bills alone were over $12,000, not to mention lost wages and pain and suffering. We ultimately secured a settlement of $60,000 for her.

Don’t fall for the insurance company’s tactics. Before accepting any settlement offer, consult with a lawyer who can evaluate your claim and negotiate on your behalf.

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

This is a dangerous assumption. In Georgia, the statute of limitations for personal injury cases, including pedestrian accidents, is two years from the date of the injury, 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’re dealing with the aftermath of an accident.

Gathering evidence, negotiating with insurance companies, and preparing a case takes time. If you wait too long, you risk losing your right to sue altogether. It’s important to know your rights and time limit.

Two years might seem like a lot, but it isn’t. Missing the deadline means you forfeit your right to seek compensation through the courts. I urge you to speak to a lawyer sooner rather than later.

## Myth #4: I Can Handle the Claim Myself

While you have the right to represent yourself, handling a pedestrian accident claim without legal assistance can be challenging. These cases often involve complex legal issues, such as determining liability, calculating damages, and negotiating with insurance companies.

Consider this: insurance adjusters are trained professionals who handle claims every day. They know the ins and outs of the system and are skilled at minimizing payouts. Do you really want to go up against them alone? If you were Savannah pedestrian hit, you should know your rights.

A lawyer can level the playing field by providing legal expertise, investigating the accident, gathering evidence, and negotiating on your behalf. They can also file a lawsuit if necessary and represent you in court.

## Myth #5: Only People With Serious Injuries Can File a Claim

While serious injuries certainly warrant a claim, you don’t have to be hospitalized to seek compensation. Even seemingly minor injuries, such as sprains, strains, and whiplash, can result in significant medical expenses and lost wages.

Furthermore, you’re entitled to compensation for pain and suffering, which can be substantial even in cases with less severe physical injuries. Pain and suffering can include physical pain, emotional distress, mental anguish, and loss of enjoyment of life. Understanding GA pedestrian accident injuries is important for your claim.

Don’t underestimate the value of your claim. Even if your injuries seem minor, consult with a lawyer to determine your options. If you are unsure are you still entitled to damages, then you should reach out to get legal advice.

Understanding these common myths is the first step toward protecting your rights after a pedestrian accident in Savannah. Don’t let misinformation prevent you from receiving the compensation you deserve.

The most important thing you can do after a pedestrian accident is to seek legal advice. A consultation with a Savannah attorney specializing in personal injury can provide clarity and guide you through the process.

What should I do immediately after a pedestrian accident?

Your safety is paramount. Move to a safe location, call 911 to report the accident and request medical assistance, and exchange information with the driver. If possible, document the scene by taking photos and videos. Finally, contact a Savannah personal injury attorney as soon as possible.

What types of damages can I recover in a pedestrian accident claim?

You may be entitled to compensation for medical expenses (past and future), lost wages, lost earning capacity, pain and suffering, property damage, and other related losses.

How is fault determined in a pedestrian accident case?

Fault is determined based on the specific circumstances of the accident. Evidence such as police reports, witness statements, and accident reconstruction analysis can be used to establish liability. Georgia’s modified comparative negligence rule (O.C.G.A. § 51-12-33) also plays a crucial role.

What if the driver who hit me was uninsured or underinsured?

If the driver was uninsured, you may be able to recover compensation through your own uninsured motorist (UM) coverage. If the driver was underinsured, you may be able to recover from your underinsured motorist (UIM) coverage after exhausting the driver’s policy limits.

How much does it cost to hire a pedestrian accident lawyer in Savannah?

Most pedestrian accident lawyers in Savannah work on a contingency fee basis, meaning you only pay a fee if they recover compensation for you. The fee is typically a percentage of the settlement or court award.

Don’t leave money on the table. Contact a qualified Savannah attorney to discuss your case and understand your options. It could be the most important decision you make.

Rafael Mercer

Senior Legal Counsel Juris Doctor (JD), Certified Professional Responsibility Specialist (CPRS)

Rafael Mercer is a Senior Legal Counsel at Veritas Law Group, specializing in complex litigation and regulatory compliance within the legal profession. With over a decade of experience, Rafael has dedicated his career to upholding ethical standards and advocating for best practices among lawyers. He is a recognized authority on professional responsibility and risk management for legal professionals. Prior to joining Veritas, Rafael served as an Ethics Investigator for the National Association of Legal Standards. Notably, he successfully defended a landmark case before the Supreme Court, setting a new precedent for attorney-client privilege in digital communications.