Georgia Pedestrian Accidents Frequently Asked Questions


September 30, 2010

When a pedestrian is involved in an accident with a motor vehicle, the probability of serious injuries is very high. Atlanta was recently rated as one of the most dangerous cities in the world for pedestrians. Busy commuters throughout the state of Georgia often disregard pedestrians, or are distracted by cell phones, resulting in devastating consequences for the accident victim.

Montlick and Associates, Attorneys at Law, has been representing those injured in pedestrian accidents for over 25 years. If you so someone you love is involved in a pedestrian accident in the metro Atlanta area or throughout the State of Georgia, contact us for your free initial consultation. We have provided some answers to common questions asked by pedestrians involved in accidents with motor vehicles.

If I am struck by a motor vehicle is the driver always at fault?

While it will often be the case that the driver is at fault, there are exceptions such as if a pedestrian darts into traffic or enters an intersection against traffic signals. Because of the extreme vulnerability of pedestrians, drivers of motor vehicles are required to be extra diligent to avoid pedestrians, but a pedestrian can be partially or totally at fault in a pedestrian accident.

If I am at fault does that mean I will not be compensated for my injuries?

Georgia personal injury law recognizes a comparative negligence system, which means that a pedestrian being partially at fault in causing one's own injuries does not prevent one from recovering. Under the contributory negligence system used in Georgia, a pedestrian's recovery is reduced by the percentage the pedestrian is at fault up to 49%. For example, if a pedestrian suffers $100,000 in damages and is determined to be 30% at fault the pedestrian's recovery would be reduced by 30% to $70,000. If a pedestrian's fault is determined to be 50% or more, this would preclude recovery. The questions of fault and apportionment of fault between the parties to a pedestrian accident are complex. You should seek legal advice from an experienced attorney, even if you believe that your own negligence caused your injuries. An experienced Georgia pedestrian accident lawyer may be able to investigate and determine that someone else was primarily responsible for your injuries so that your right to compensation for your injuries is preserved.

What damages are available in a Georgia pedestrian accident?

The damages available in a pedestrian accident may include past and future medical costs, lost wages, pain and suffering, disability or lost future earning capacity, and emotional distress. Because a pedestrian accident tends to result in severe injuries, the damages in such cases tend to be higher than a typical car accident case.

What if the driver that hit me does not have insurance, or does not have enough insurance?

If you have auto insurance on one of your own vehicles, you may have uninsured motorist coverage. Uninsured motorist coverage will allow you to seek compensation for your injuries from your own auto insurance if the other driver is uninsured or underinsured (does not have enough insurance coverage- assuming you have higher limits).

Do I need an attorney if the driver admits fault?

You should definitely seek legal representation regardless of whether the other driver tells you that he is at fault. The driver's insurance company will defend the case and may try to blame the accident on you regardless of the other driver's statement. Insurance companies have teams of attorneys and investigators whose job it is to deny your claim or reduce the amount of the claim. You should retain a qualified Georgia pedestrian accident lawyer as soon as possible so that the law firm can begin investigating your accident and taking actions to protect your rights.

Our experienced Georgia pedestrian auto accident attorneys are available to assist clients throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. No matter where you are located we are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Our attorneys and staff will work hard to protect your interests and get you the compensation you deserve.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.