There’s a lot of misinformation floating around about pedestrian accident claims, especially in a city like Savannah. Are you about to shortchange yourself after being hit by a car?
Myth #1: The Driver Is Always At Fault in a Pedestrian Accident
It’s a common misconception that if a pedestrian is hit by a car, the driver is automatically to blame. While drivers certainly have a responsibility to be vigilant and avoid hitting pedestrians, the reality is more nuanced. Georgia follows the principle of comparative negligence, meaning that fault can be divided between parties. So, who is responsible? It depends.
Under O.C.G.A. § 51-12-33, even if you, as the pedestrian, are partially at fault, you may still be able to recover damages. However, your recovery will be reduced by the percentage of your fault. If you are found to be 50% or more at fault, you cannot recover anything. For example, if you darted out into Bay Street against the “Don’t Walk” signal and were hit, you might be found partially responsible. What happens then? The damages you can recover would be reduced accordingly. This is why gathering evidence, like security camera footage, is so important.
Myth #2: You Don’t Need a Lawyer for a “Simple” Pedestrian Accident
Many people believe that if their pedestrian accident case seems straightforward – perhaps the police report clearly indicates the driver ran a red light at Oglethorpe Avenue and Drayton Street – they don’t need legal representation. That’s a dangerous assumption. Even in seemingly simple cases, insurance companies are in the business of minimizing payouts. They might try to argue that your injuries aren’t as severe as you claim, or that pre-existing conditions are to blame. They might even try to argue you weren’t really injured!
A lawyer experienced in pedestrian accident claims in Savannah can protect your rights and ensure you receive fair compensation. We know how to negotiate with insurance companies and, if necessary, take your case to court. A good attorney can also help you document all your damages, including medical bills, lost wages, and pain and suffering. I had a client last year who initially thought her case was simple. The driver admitted fault. But the insurance company offered her a settlement that barely covered her medical bills! We were able to negotiate a much larger settlement that accounted for her lost income and ongoing physical therapy. Don’t leave money on the table.
Myth #3: Insurance Will Cover All Your Expenses, No Questions Asked
This is, unfortunately, wishful thinking. While the at-fault driver’s insurance should cover your damages, getting them to do so without a fight is rare. Insurance companies are businesses, and their goal is to pay out as little as possible. They might dispute the extent of your injuries, the necessity of your medical treatment, or even whether the driver was truly at fault. Here’s what nobody tells you: they may even try to use your own words against you, twisting your statements to minimize their liability.
It’s also important to remember that insurance policies have limits. If your damages exceed the driver’s policy limits, you may need to explore other avenues of recovery, such as your own uninsured/underinsured motorist coverage (if you have it) or a personal injury lawsuit against the driver. We recently handled a case where a pedestrian was severely injured on Victory Drive by a driver with minimal insurance coverage. We had to investigate all potential sources of recovery, including the driver’s personal assets, to ensure our client received the compensation they deserved. For example, it’s vital to know what your case is really worth.
Myth #4: You Have Plenty of Time to File a Claim
Procrastination is never a good idea, especially when it comes to legal matters. In Georgia, there’s a statute of limitations on personal injury claims, including pedestrian accident claims. Under O.C.G.A. § 9-3-33, you generally have two years from the date of the accident to file a lawsuit. While two years may seem like a long time, it can quickly pass. Gathering evidence, consulting with doctors, and negotiating with insurance companies can take time. If you wait too long, you risk losing your right to sue altogether.
Furthermore, the sooner you begin investigating the accident, the better. Witnesses’ memories fade, evidence can disappear, and surveillance footage can be overwritten. Don’t delay seeking legal advice. The clock is ticking. We had a situation at my previous firm where a potential client contacted us just a few weeks before the statute of limitations was set to expire. We were able to file a lawsuit to protect their rights, but the rushed timeline made it much more challenging to build a strong case.
Myth #5: All Lawyers Are the Same, So Just Pick the Cheapest One
Choosing a lawyer based solely on price is a risky proposition. While cost is certainly a factor to consider, it shouldn’t be the only one. Experience, expertise, and a proven track record are far more important. A lawyer who specializes in pedestrian accidents in Savannah, Georgia will have a deep understanding of the relevant laws and procedures, as well as experience negotiating with insurance companies and litigating cases in the local courts, like the Chatham County Superior Court. They’ll also be familiar with local medical providers and expert witnesses who can strengthen your case.
Think of it this way: would you choose a surgeon based solely on who offers the lowest price? Probably not. You’d want someone with the skills and experience to ensure the best possible outcome. The same principle applies to legal representation. For example, our firm recently handled a case where a pedestrian suffered a traumatic brain injury after being hit by a delivery truck near City Market. The initial offer from the insurance company was woefully inadequate. By working with a team of medical experts and economists, we were able to demonstrate the full extent of our client’s damages and secure a settlement that will provide for their long-term care. That kind of result requires specialized knowledge and resources. Make sure you avoid these myths that hurt claims.
What should I do immediately after being hit by a car as a pedestrian?
Your first priority is your safety and well-being. Seek immediate medical attention, even if you don’t think you’re seriously injured. Call the police to report the accident and obtain a copy of the police report. If possible, gather information from the driver, including their name, insurance information, and driver’s license number. Take photos of the scene, your injuries, and the damage to the vehicle. Finally, contact an attorney as soon as possible to protect your rights.
What types of damages can I recover in a pedestrian accident claim?
You may be able to recover compensatory damages, which are designed to compensate you for your losses. These can include medical expenses (past and future), lost wages, lost earning capacity, pain and suffering, emotional distress, and property damage (e.g., damaged clothing or personal belongings). In some cases, you may also be able to recover punitive damages, which are designed to punish the at-fault party for egregious conduct. Talk to your lawyer about what damages you may be able to claim.
How is fault determined in a pedestrian accident case?
Fault is determined based on the specific facts and circumstances of the accident. The police investigation, witness statements, and any available video footage will be considered. Factors such as whether the driver was speeding, distracted, or under the influence of alcohol or drugs will be relevant. Similarly, whether the pedestrian was jaywalking, crossing against a traffic signal, or otherwise violating traffic laws will also be considered.
What is the difference between a settlement and a lawsuit?
A settlement is an agreement between the parties to resolve the claim without going to trial. It typically involves the at-fault party (or their insurance company) paying the injured party a sum of money in exchange for a release of all claims. A lawsuit, on the other hand, is a formal legal proceeding filed in court. If a settlement cannot be reached, the case will proceed to trial, where a judge or jury will decide the outcome.
How much does it cost to hire a pedestrian accident lawyer?
Most pedestrian accident lawyers work on a contingency fee basis. This means that you don’t pay any attorney’s fees unless they recover compensation for you. If they do recover compensation, their fee will be a percentage of the recovery (typically 33.3% to 40%). You will, however, likely be responsible for paying expenses related to the case. Be sure to discuss the fee arrangement with any prospective attorney before hiring them.
Navigating the aftermath of a pedestrian accident in Savannah can be overwhelming. Don’t let misinformation cloud your judgment or jeopardize your chances of receiving fair compensation. Consulting with an experienced attorney is the best way to understand your rights and options.
Don’t let an insurance company decide your future. Contact a lawyer specializing in pedestrian accident claims today to get an expert opinion on your case. It’s time to take control and fight for the compensation you deserve, so that you can get back on your feet.
Remember, immediate action is key. See our guide on Georgia’s first steps after a pedestrian accident.
