People are vulnerable when walking on a street. Even when walking in a crosswalk or crossing the street at an intersection with the light, pedestrians are in constant danger of being struck by a vehicle.
Insurance companies will often try to blame the pedestrian. Working with a highly experienced and dedicated attorney who will fight for justice for an injured pedestrian may give you the best chance to win a fair settlement. The car accident lawyers with Blasingame, Burch, Garrard & Ashley, P.C. have the skills and track record of success you need to maximize your possible financial award.
Contact us online or call (706) 354-4000 today for a free consultation.
Pedestrian Hit by Car Settlement Process
The rules of the road in Georgia plainly state that a driver has to exercise due care to avoid hitting a pedestrian. Also, a motorist must sound the car horn to warn a pedestrian. Finally, the law requires the driver to use proper precautions around children, incapacitated, intoxicated, or obviously confused people.
Convincing the insurance company to settle for the amount you demand can be difficult, despite the protections Georgia’s law provides to pedestrians. In fact, settling a case takes a lot of hard work and preparation.
Your lawyer must gather all the evidence such as:
- Police reports
- Medical records
- Witness statements
- Work history
- Family history
- Photographs
- Other tangible evidence
Your lawyer will probably get a report from your doctors describing the nature of your injury, how your injury will affect your life, and whether your injury is permanent. In addition, your attorney might dig into the driver’s background and history before demanding a settlement. If not, your lawyer will do that during the discovery phase of litigation.
Additionally, a knowledgeable personal injury lawyer will try to find out if more than one person shares responsibility for hitting you. You might be able to increase your settlement amount if two parties share the blame.
After accumulating all the evidence, your lawyer is ready to formally demand a settlement from the insurance company. The insurance company will evaluate the evidence and counter-offer or deny your claim.
Comparative Negligence in Georgia
If there is strong evidence to prove that the other party caused the collision and the insurance company can’t blame you, then it will try to find ways to justify paying you less than the value of your claim. Insurance companies are notorious for using prior injuries as a reason to pay you less than you deserve.
Insurance companies will look for evidence of your intoxication, using a cellphone while walking, jaywalking, or stepping out into traffic. These are just a few of the facts insurance companies will look for to avoid liability.
You might wonder how an insurance company gets away with that? The short answer is: Georgia law allows it. Georgia’s comparative negligence statute says that a person who engages in conduct that contributes to their own injuries can still collect damages. However, the judge has to reduce the amount the injured pedestrian could win by their percentage of fault in causing the collision or injuries.
Pedestrian Hit by Car in Crosswalk Settlement
If you were in a crosswalk when hit, you might think you are entitled to win damages. That’s not always how it works, unfortunately. You still have to show that the driver acted negligently even if you had the right-of-way.
Your lawyer will likely investigate to find out whether the driver used a cellphone while driving, wrote a text message, drove under the influence of alcohol or drugs, or drove a faulty automobile. Any pedestrian injured by a negligent motorist needs to learn what caused the crash to maximize their monetary award.
Frequently Asked Questions
Will I Automatically Win If a Car Hits Me While in a Crosswalk?
Georgia law protects people using crosswalks, but that doesn’t excuse a pedestrian from acting responsibly. You could share some of the responsibility if a car hits you while you are in the crosswalk if you ran out into the road, walked into the crosswalk without giving the driver time to stop, or weren’t paying attention.
What Is the Average Payout for a Pedestrian Hit by a Car?
Figuring out the average compensation for being hit by a car is nearly impossible. The factors that dictate the ultimate compensation are numerous. The facts of each pedestrian crash vary. For example, the payment between a pedestrian collision and a wrongful death suit will be different.
The nature of the injuries also determines the settlement amount. A person’s settlement amount for a pedestrian with a broken leg will be less than a pedestrian who lost a leg after colliding with a vehicle. Additionally, one victim might have a more significant fault than another, which alters the settlement amount.
What Damages Can I Claim as a Pedestrian Struck by a Car?
The damages you can claim will depend on the nature and duration of your injuries. As we discussed above, a broken leg will undoubtedly be painful. Surgery is also possible, depending on the severity of the fracture. You might be out of work for some time as well. Therefore, you can claim damages for medical bills, lost wages, lost future wages, and pain and suffering. Depending on the actions of the person who hit you, you might also have a claim for punitive damages.
How Can Blasingame, Burch, Garrard & Ashley Help a Pedestrian Hit By a Car Get Compensation?
Pedestrian collision cases require a savvy and skilled legal team to maximize the victim’s financial recovery. Insurance companies face substantial liability if someone sustains severe injuries or dies after being hit by a car. That means they will fight hard. You need a lawyer who will fight harder. Backed by nearly 40 years of experience, our lawyers fight to win.
Want More Than The Average Settlement for a Pedestrian Hit by a Car?
For nearly 40 years, the attorneys at Blasingame, Burch, Garrard & Ashley have proved to be some of the most knowledgeable and successful attorneys in Georgia.
We are highly dedicated personal injury lawyers and treat every case like our only one. While we have offices in Athens, Atlanta, Lake Oconee, and Birmingham, AL, our firm’s reputation and commitment to excellence are known across Georgia.
Contact us today by calling (706) 354-4000 or send an online message to speak with one of our experienced pedestrian crash lawyers.
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