What You Need to Know About Georgia Pedestrian Accidents
Accidents involving pedestrians often result in catastrophic injuries that leave victims with significant recovery times and even lifelong injuries. Pedestrian accident claims can be complicated, but victims deserve compensation if their injuries were caused by the negligent actions of another individual or entity. Here, we want to review what you need to know about pedestrian accidents in Georgia.
Who is Responsible for Pedestrian Accidents?
Determining liability after a pedestrian accident occurs can be challenging. Just like traditional vehicle versus vehicle accidents, there will need to be an investigation, and this typically involves law enforcement officials. Additionally, there are other parties who will likely need to conduct an investigation, particularly if the incident is relatively severe. This can include attorneys for the victim and the at-fault party, as well as the insurance carriers involved.
There will need to be an abundance of evidence gathered to help determine exactly what happened. This can include photographs taken at the scene by various parties, surveillance from nearby cameras, statements from eyewitnesses, police reports, any traffic citations issued, and more. In some cases, it may be necessary to work with an accident reconstruction expert who can examine the evidence and put together 3D models to show insurance carriers or a jury what happened.
Is Compensation Available for These Claims
Typically, pedestrian accident victims will be able to recover compensation if another party caused the accident. This can include coverage of medical bills, lost income, pain and suffering damages, property damage expenses, and more.
However, the total amount of compensation could be reduced depending on whether or not there was any shared fault for the incident. Even though pedestrians typically have the right of way in Georgia, there may be times when the pedestrian was partially at fault. Under the state’s modified comparative negligence system, individuals can receive reduced compensation if they are partially responsible. Any person 50% or more responsible for their own injuries will be unable to recover compensation.
Deadline to File a Georgia Pedestrian Accident Claim
Pedestrian accident victims in Georgia need to file their claims as soon as possible. The personal injury statute of limitations in this state is two years from the date an injury occurs. This means that pedestrian crash victims have a two-year time frame with which to file a lawsuit against the alleged negligent party. Filing the claim beyond this two-year limit will likely result in the case being dismissed by the court.
Additionally, if there are any insurance carriers involved, which there likely will be, the carriers also have their own reporting deadlines that must be adhered to. This typically means reporting the incident within a day or two after it occurs.
Will an Attorney Help?
Yes, a skilled fatal pedestrian accident lawyer in Atlanta will certainly benefit your claim. If you have been injured due to the negligent actions of another party, your attorney will handle every aspect of the case for you. They will use their resources to completely investigate every facet of the case and recover the evidence needed to prove liability. Your attorney will be the one responsible for handling all communication with other parties involved and recovering the compensation you need.