There’s a shocking amount of misinformation surrounding pedestrian accidents in Savannah, Georgia, which can significantly impact your ability to receive fair compensation. Are you sure you know the truth about your rights after being hit by a car?
Key Takeaways
- You have two years from the date of the accident to file a personal injury claim in Georgia, per O.C.G.A. § 9-3-33.
- Georgia’s modified comparative negligence rule (O.C.G.A. § 51-12-33) allows you to recover damages even if you are partially at fault, as long as you are less than 50% responsible.
- Even if the driver who hit you was uninsured, you may still have options for compensation through your own uninsured motorist coverage.
- Document everything meticulously – photos, police reports, medical records – and seek legal counsel as soon as possible after a pedestrian accident.
Myth #1: If I was jaywalking, I have no case.
This is a common misconception. While jaywalking can certainly impact your case, it doesn’t automatically disqualify you from receiving compensation after a pedestrian accident in Savannah, Georgia. Georgia operates under a modified comparative negligence rule, outlined in O.C.G.A. § 51-12-33. This means that even if you were partially at fault for the accident, you can still recover damages as long as your percentage of fault is less than 50%. If you’re hit in Alpharetta, see this analysis of fault.
For example, imagine you were crossing Drayton Street mid-block, not at a crosswalk, when a driver, distracted by their phone, hits you. The jury might find you 20% at fault for crossing illegally, but the driver 80% at fault for distracted driving. In that scenario, you could still recover 80% of your damages. The key is proving the driver’s negligence contributed to the accident, regardless of your actions.
Myth #2: The insurance company is on my side and will offer a fair settlement.
This is rarely the case. Insurance companies are businesses, and their goal is to minimize payouts. While they may seem friendly and helpful initially, their priority is protecting their bottom line. They might offer a quick settlement that seems appealing, but it’s often far less than what you’re actually entitled to.
I had a client last year who was hit by a car while walking near Forsyth Park. The insurance company offered him $5,000, claiming his injuries weren’t severe. After we investigated and presented evidence of his medical bills, lost wages, and pain and suffering, we were able to secure a settlement of $75,000. Never accept the first offer without consulting with an attorney.
Myth #3: I don’t need a lawyer; I can handle the claim myself.
While you have the right to represent yourself, navigating the complexities of a pedestrian accident claim in Savannah, Georgia, can be challenging. An experienced attorney understands the legal process, knows how to negotiate with insurance companies, and can build a strong case on your behalf. For instance, a Marietta pedestrian accident lawyer can help you understand the nuances of Georgia law.
Furthermore, an attorney can help you gather crucial evidence, such as police reports, witness statements, and medical records. They can also assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future medical care. We recently handled a case where the client initially tried to negotiate with the insurance company on their own. They were offered a paltry sum. After hiring us, we uncovered evidence of the driver’s prior traffic violations and secured a settlement that was significantly higher than the initial offer.
Myth #4: If the driver who hit me was uninsured, I have no recourse.
Thankfully, that’s not entirely true. Even if the driver who caused your pedestrian accident in Georgia was uninsured, you may still have options for compensation. One option is to pursue a claim under your own uninsured motorist (UM) coverage. Most auto insurance policies in Georgia include UM coverage, which protects you if you’re injured by an uninsured or hit-and-run driver.
Another potential avenue is to explore whether the driver had any assets that could be pursued in a personal injury lawsuit. This might involve investigating whether the driver owned property, had significant savings, or had other sources of income. We’ve also seen cases where a business or employer could be held liable if the driver was acting within the scope of their employment at the time of the accident. If you were hit on I-75, your rights are the same.
Myth #5: There’s plenty of time to file a claim, so I can wait.
This is a dangerous assumption. In Georgia, the statute of limitations for personal injury claims, including pedestrian accidents, 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 while you’re recovering from injuries and dealing with medical treatment. Knowing the right first steps to take is essential.
Waiting too long to file a claim can have serious consequences. Witnesses may become difficult to locate, evidence may be lost or destroyed, and your memory of the accident may fade. Furthermore, the insurance company may argue that your injuries aren’t as severe if you delay seeking medical treatment or filing a claim. It’s always best to consult with an attorney as soon as possible after a pedestrian accident to protect your rights and ensure that your claim is filed within the deadline.
Filing a pedestrian accident claim in Savannah, Georgia requires understanding your rights and challenging these common misconceptions. Don’t let misinformation prevent you from receiving the compensation you deserve.
What should I do immediately after a pedestrian accident in Savannah?
Your first priority is always your health and safety. Call 911 to report the accident and request medical assistance if needed. If possible, gather information from the driver, including their name, insurance information, and license plate number. Take photos of the scene, including any visible injuries, vehicle damage, and road conditions. Seek medical attention as soon as possible, even if you don’t feel immediately injured. Some injuries, such as whiplash or concussion, may not be apparent until days or weeks after the accident.
How is fault determined in a pedestrian accident case?
Fault is determined by investigating the circumstances surrounding the accident and gathering evidence to establish who was negligent. This may involve reviewing police reports, witness statements, traffic camera footage, and medical records. Factors that may be considered include whether the driver was speeding, distracted, or violated any traffic laws, and whether the pedestrian was crossing legally or jaywalking.
What types of damages can I recover in a pedestrian accident claim?
You may be entitled to recover various types of damages, including medical expenses (past and future), lost wages (past and future), pain and suffering, property damage, and, in some cases, punitive damages. The specific damages you can recover will depend on the circumstances of your case and the extent of your injuries.
How much does it cost to hire a pedestrian accident lawyer in Savannah?
Most pedestrian accident lawyers work on a contingency fee basis, meaning you don’t pay any attorney fees unless they recover compensation for you. The attorney fee is typically a percentage of the settlement or jury award, often around 33.3% if the case settles before a lawsuit is filed, and 40% if a lawsuit is necessary. Be sure to discuss the fee arrangement with your attorney upfront so you understand the costs involved.
What if I can’t afford medical treatment after a pedestrian accident?
If you’re struggling to afford medical treatment, your attorney may be able to help you find doctors who will provide treatment on a lien basis, meaning they’ll wait to get paid until your case is resolved. You may also be able to use your health insurance to cover some of your medical expenses. Another option is to apply for Medicaid or other government assistance programs.
Don’t wait to protect your rights after a pedestrian accident. Contact a qualified attorney in Savannah to discuss your case and explore your legal options. Proving negligence can be complex, and the sooner you start building your case, the better your chances of a successful outcome.
