How Is a Pedestrian Hit by a Car Compensated for Injuries?

Drivers in Georgia have a responsibility to follow all of the state’s traffic laws and regulations. These laws extend to how motorists behave around pedestrians. 

If you were hit by a car as a pedestrian in Georgia, you have the same right to compensation as anyone else hurt in a car accident in Atlanta. However, the process will work slightly differently for you, because, unlike a motorist, it’s unlikely that you have an insurance policy that covers your injury. Nonetheless, you still have a right to be compensated for your injuries.

How You Can Collect Compensation for a Pedestrian Accident

In order to receive monetary recovery for the damages that you incurred as a result of a pedestrian accident, two things will happen: 

1. Police and insurance adjusters will work to determine who is at fault in the accident. As a pedestrian, in most cases, you are not at fault.
2. If the driver is found to be at fault, their insurance will pay for your injuries and all other losses—such as time missed at work. This is known as a financial recovery.

As with all car accident claims, pedestrians should not expect insurance companies to pay a fair amount unless they face legal pressure to do so. It’s a good idea to talk to a pedestrian accident lawyer. It’s a good idea to talk to an Atlanta pedestrian accident attorney.

Are Pedestrians Ever Considered to Be at Fault?

Fault is the backbone of all car accident cases in Georgia. Generally, the person who is at fault—the one who caused the accident, whether intentionally or simply by being careless—is the one who is liable for the costs. Normally, their insurance pays these costs for them.

As a pedestrian, the good news is that it’s rare for you to be found at fault. Here’s why:

• Vehicles are normally supposed to yield to pedestrians in Georgia. In many cases, pedestrians have the right of way.
• Even if you were not at a crosswalk, or were “jaywalking,” the vehicle should have stopped for you if possible.
• Cars entering or exiting driveways, parking lots, garages, etc. are supposed to stop and look for pedestrians before pulling onto the sidewalk or roadway.
• In areas where there are no sidewalks, it is generally legal for you to walk on the roadway, as long as you are off to the side.

The bottom line is: whether you were on the road legally or illegally, drivers are supposed to slow down and stop for pedestrians. If a driver was able to do this and did not, they are likely to be found either fully at fault, or at least partly at fault for hitting you.

Shared Fault in a Pedestrian Accident

The driver may not be completely at fault, and you, the pedestrian, may share some of the blame. Some instances will require investigation, but it’s important to ask questions such as: 

• Were you in the walkway? 
• Did you have a “safe-to-walk” signal? 
• Did you dart through traffic?

The modified comparative negligence law in Georgia Code § 51-12-33 could affect how much you’re eligible to collect if you are partially at fault for your injuries. 

Cars should still stop for pedestrians, but it’s not always possible in time. If this is what happened, you, the pedestrian, may be at fault. However, insurance companies (and drivers) will often claim you ran into the street suddenly even if you did not. Never accept blame for an accident you didn’t cause. If you are being blamed, or are worried you might be, talk to a lawyer.

Compensation Rights as a Pedestrian in Georgia

Once the driver is found to be at fault, they or their insurance company will be liable for all of the following costs:

• Your medical bills
• Any property of yours that was damaged
• Other costs, like time missed at work due to your injuries
• In some cases, they will have to pay you additional money for pain and suffering. This is normal in accidents involving serious injuries.

Be aware that insurance companies may try to reduce the amount they owe you, downplay how severe your injuries are, or outright refuse to pay if they think they can get away with it. But they do not have the final say. An attorney can negotiate with them and, in many cases, force them to pay the amount they truly owe.

Even if the driver does not have insurance, they can be ordered to pay you the money owed out of pocket. This may involve paying over time, but you still have a right to get your damages compensated. A lawyer can help you determine if you have any policies that may cover you in your particular case.

Let John Foy Defend Your Right to Receive Fair Compensation

John Foy & Associates can help you. Our legal team has over 20 years of experience helping pedestrians win cases, get paid, and get the full amount they deserve. Don’t face the insurance company alone—or an angry driver. Call us or fill out the form to your right and get a FREE consultation today.