Getting hit by a car is undeniably traumatic, but what happens when the driver or their insurance company tries to shift the blame onto you? Unfortunately, it’s more common than you might think, and this can have serious consequences for the compensation you’re entitled to. If you’ve been involved in a pedestrian accident in Georgia, understanding how fault is determined and gathering the right evidence can make all the difference in your case.
In this post, we’ll break down the legal aspects of pedestrian accidents, who’s at fault, and how to protect your rights, especially when you’re being unfairly blamed.
Who’s Really at Fault in a Pedestrian Accident?
In a typical pedestrian accident, many assume that the driver is automatically at fault. But the reality is more nuanced. Georgia law places legal responsibility on both drivers and pedestrians, meaning fault can be shared in many cases.
Key Factors That Determine Fault
- Traffic Laws: Did the pedestrian cross at a legal crosswalk, or were they jaywalking?
- Driver Behavior: Was the driver texting, speeding, or ignoring road signs?
- Pedestrian Actions: Was the pedestrian distracted or crossing at an unsafe location?
Georgia follows a modified comparative negligence rule. This means if you’re less than 50% at fault, you’re still eligible for compensation—but your payout will be reduced by the percentage of fault assigned to you. So, even if you have some responsibility, you can still recover damages for your injuries.
The Tactics Insurance Companies Use to Shift the Blame
When you’re injured, the last thing you need is the insurance company making excuses to avoid paying out what you deserve. They might try to claim things like:
- You weren’t in a crosswalk (otherwise known as jaywalking).
- You were distracted, maybe on your phone.
- You suddenly entered the road, giving the driver no time to stop.
- It was dark, and you weren’t visible enough.
While some of these claims could be partially true, they’re often exaggerated or manipulated to minimize the amount the insurance company has to pay out. This is why it’s crucial to have solid legal backing and evidence to support your side of the story.
Gathering Evidence to Strengthen Your Case
When you’re being blamed for an accident you didn’t cause, evidence is your best defense. The more solid evidence you have, the stronger your case becomes. Here’s a breakdown of the key types of evidence that can help prove the driver’s negligence:
- Police Reports: A police report can provide an official account of the accident and may even include citations issued to the driver. This is especially helpful if the driver was at fault for violations like speeding or running a red light.
- Eyewitness Testimony: Bystanders who saw the accident can offer crucial, unbiased perspectives. Their testimonies can support your version of events and highlight any reckless behavior by the driver.
- Video Footage: Surveillance from nearby businesses, traffic cameras, or even dashcams can be incredibly valuable. Video footage can provide irrefutable proof of how the accident occurred.
- Medical Records: The severity of your injuries tells a lot about the nature of the accident. Your medical documents can confirm the impact, potentially supporting claims of high-speed collisions or reckless driving.
- Accident Reconstruction Experts: If fault is heavily contested, experts can reconstruct the accident using data like vehicle positioning, skid marks, and other relevant factors. Their reports are often taken very seriously in court.
What Happens if You’re Partially at Fault?
Georgia’s comparative negligence law means that if you’re found to be partially at fault, you can still receive compensation, though it will be reduced by your percentage of responsibility.
- Under 50% at fault? You can still collect compensation, just reduced by the percentage of fault assigned to you.
- Over 50% at fault? You likely won’t be eligible for compensation.
For example, if your damages amount to $100,000 and you’re found 30% at fault, you’ll still be able to collect $70,000. So, even if you share some of the blame, you’re not automatically out of luck.
Why You Should Never Handle a Pedestrian Accident Claim Alone
Navigating a pedestrian accident claim is challenging, especially when you’re up against experienced insurance adjusters who are skilled at twisting facts and offering lowball settlements. If you attempt to handle this on your own, you may end up with far less than you deserve.
This is where a skilled attorney can make all the difference. A legal expert will investigate the circumstances of your accident, gather evidence, negotiate aggressively with insurance companies, and, if necessary, take the case to court.
At the Law Office of Don Edwards, we specialize in handling auto and pedestrian accident cases. We don’t let insurance companies rewrite the story. Our team will fight for your right to fair compensation, ensuring you have the best chance for a favorable outcome.
Need Help After a Pedestrian Accident? Let Us Fight for You
If you’ve been involved in a pedestrian accident and you’re being blamed unfairly, you don’t have to fight alone. Whether you were hit in a crosswalk or not, you deserve to be heard and compensated fairly for your injuries.
Contact the Law Office of Don Edwards for a free consultation. Let us take the burden off your shoulders so you can focus on healing while we fight for what you deserve.
Don’t let the insurance companies or the at-fault driver shift the blame—get the legal support you need today.
