Know Your Rights after a pedestrian accident in Valdosta

Pedestrian accidents often occur without warning and can be life-changing. They may result in serious injuries, leaving you with pain and financial hardships. If you’ve been involved in a pedestrian accident, it’s essential to know your rights and what steps to take next. This article explains what you should know about pedestrian accidents and how our Valdosta, GA, pedestrian accident lawyer can assist you. 

Taking the right actions after an accident can make a big difference in your recovery and potential compensation. By following the proper steps, you can ensure that your case is handled effectively and that you have the best chance at a successful outcome.

Quick Summary:

  • Pedestrian accidents occur when a person walking is hit by a vehicle, leading to injuries or death. These accidents can happen in various locations like crosswalks, sidewalks, or parking lots. In Georgia, pedestrians have certain rights that must be respected, but these can sometimes be overlooked in accidents. 
  • Accidents involving pedestrians occur due to various causes, many of which are preventable. Distracted driving, such as texting or talking on the phone, is a leading factor, especially at crosswalks and intersections. Speeding also increases the risk, as it gives drivers less time to react. Another common cause is drivers failing to yield at crosswalks. Impaired driving and poor road conditions also contribute to accidents, while pedestrians not paying attention can further increase the risk of collisions. Staying alert and following traffic rules can help prevent accidents.
  • In Georgia, pedestrian accident laws provide guidelines for both drivers and pedestrians to ensure safety. Drivers must yield the right of way to pedestrians in marked crosswalks, but pedestrians must also obey traffic signals. Georgia follows comparative negligence laws, meaning if both parties share fault, compensation can be reduced. Pedestrians are required to use sidewalks when available and walk facing traffic when there are none. Drivers must adjust their speed in areas with pedestrians to prevent accidents, especially in school zones or busy streets.
  • Victims of pedestrian accidents in Valdosta can seek compensation for various losses, including medical expenses, lost wages, pain and suffering, and property damage. Compensation can cover hospital bills, doctor visits, and future medical care, along with wages lost during recovery. Victims may also receive damages for emotional distress, loss of quality of life, and property damage, such as for damaged personal belongings or medical devices. In cases of extreme recklessness, like driving under the influence, punitive damages may be awarded to punish the driver and prevent similar behavior.

Understanding Pedestrian Accidents

Pedestrian accidents happen when someone walking on foot is struck by a vehicle, resulting in injuries or death. These accidents can happen in many places, such as crosswalks, sidewalks, or even parking lots. If you’re a pedestrian who’s been hit by a car in Georgia, you need to know what your rights are.

In Georgia, pedestrians have specific rights, but those rights can sometimes be overlooked when accidents occur. If you’re hurt in a pedestrian accident, you may be entitled to compensation for medical bills, lost wages, and pain and suffering.

Common Causes of Pedestrian Accidents in Valdosta

Pedestrian accidents can happen for many reasons, and knowing what causes them can help you stay safer. Understanding these common causes is important for preventing such accidents and knowing what to do if you are involved in one. Below are some of the causes of pedestrian accidents:

  • Distracted Driving: One of the top causes of pedestrian accidents is distracted driving. Drivers who are texting, talking on the phone, or not paying attention to the road can easily miss seeing pedestrians. This is especially dangerous at crosswalks or busy intersections. 
  • Speeding is another major factor that contributes to pedestrian accidents. When drivers exceed the speed limit, they have less time to react if a pedestrian suddenly steps into their path. The faster a vehicle is going, the more severe the injuries can be when a collision occurs. 
  • Failure to Yield at Crosswalks: Many pedestrian accidents happen because drivers fail to yield the right of way. Georgia law requires drivers to stop for pedestrians in crosswalks (O.C.G.A. § 40-6-91). If a driver ignores this law, it can lead to serious accidents. Always make sure to look both ways before crossing, even if you have the right of way.
  • Driving Under the Influence: Alcohol and drugs affect a driver’s ability to make quick decisions and react in time. When drivers are under the influence, they may not notice pedestrians or may not be able to stop in time. This puts everyone walking at risk, so it’s important to never drive drunk or high.
  • Poor Road Conditions: Roads in bad condition, such as ones with potholes, poor lighting, or missing signs, can make it difficult for both drivers and pedestrians to stay safe. When roads aren’t properly maintained, it’s harder to see pedestrians, and they may not be able to walk safely. 
  • Pedestrians Not Paying Attention: Pedestrians who are distracted, like those texting or looking at their phones, are more likely to be involved in accidents. It’s important to always pay attention to traffic signals and cross streets safely. Pedestrians should also avoid walking in areas where it’s not safe.

Overview of Georgia Pedestrian Accident Laws

If you’ve been involved in a pedestrian accident in Georgia, it’s essential to know the laws that could affect your case. Georgia has specific rules to help protect both pedestrians and drivers, but it’s important for you to know what they are. Whether you were walking in a crosswalk or on the side of the road, these laws determine who is at fault and how your accident will be handled. Here are some key pedestrian accident laws in Georgia that you should be aware of:

Right of Way for Pedestrians

In Georgia, drivers must yield the right of way to pedestrians in marked crosswalks. This means that if you are crossing at a crosswalk, drivers are required to stop and let you pass safely. However, it’s also important that you stay alert and only cross when it’s safe, even if you have the right of way.

Pedestrian Signals and Obeying Traffic Lights

Pedestrians must obey traffic signals, just like drivers do. If the pedestrian signal shows “Don’t Walk,” you should wait until the signal changes to “Walk” before crossing. Failing to follow these signals can lead to accidents and fines.

Comparative Negligence

Georgia follows a law called “comparative negligence,” (O.C.G.A. § 51-12-33) which means that if both the driver and pedestrian are partly at fault for the accident, the responsibility can be shared. For example, if you were jaywalking or crossing outside of a crosswalk, your compensation could be reduced based on your part in the accident.

Pedestrian Duty to Walk on Sidewalks

If there are sidewalks available, pedestrians are required to use them (O.C.G.A. § 40-6-96). If there are no sidewalks, pedestrians should walk facing traffic to stay safe. This helps reduce the risk of accidents, as drivers can see you more easily.

Speed Limits Around Pedestrians

Drivers are required to adjust their speed when they are near pedestrians, especially in areas like school zones or busy streets. If a driver is speeding and hits a pedestrian, they may be found more responsible for the accident due to their reckless driving.

Compensation for Victims of Pedestrian Accidents in Valdosta

Pedestrian accidents in Valdosta can result in serious injuries that impact every part of your life. Medical bills, lost wages, and other expenses can quickly pile up, making it difficult to focus on recovery. Fortunately, Georgia law allows accident victims to pursue compensation for their losses. Here are the different types of compensation available for victims of pedestrian accidents in Valdosta:

Medical Expenses

After a pedestrian accident, the cost of medical treatment can add up quickly. Compensation can cover hospital bills, doctor visits, surgeries, rehabilitation, and prescription costs. If your injuries require long-term care, you can seek compensation for future medical expenses as well.

Lost Wages

If you are unable to work because of the accident, you can claim compensation for the wages you lost during your recovery. This includes both current wages and potential future income if you are unable to return to work. This is especially true if your injury leaves you with a permanent disability that impacts your ability to work.

Pain and Suffering

Pedestrian accidents can cause physical pain, emotional distress, and mental anguish. Victims of pedestrian accidents can seek compensation for the pain and suffering you endured as a result of your injuries. This can include compensation for ongoing physical pain, anxiety, depression, and other emotional impacts.

Property Damage

If your personal belongings, like a phone or clothing, were damaged in the accident, you may be able to get compensation for those losses. In some cases, property damage can also include damages to things like wheelchairs, prosthetics, or other necessary medical devices.

Loss of Quality of Life

If the accident causes long-term effects that reduce your ability to enjoy life or participate in activities you once enjoyed, you may be able to receive compensation for the loss of quality of life. This type of compensation addresses the non-financial impacts of your injury.

Punitive Damages

In some cases, if the driver was extremely reckless, such as driving under the influence or purposefully disregarding traffic laws, the court may award punitive damages. These are meant to punish the driver for their behavior and deter others from acting similarly.

How to File a Lawsuit for a Pedestrian Hit by a Car in Valdosta

Filing a lawsuit after being hit by a car can help you seek compensation for your injuries and other damages. Knowing how to sue for a pedestrian hit by a car in Valdosta, Georgia, can help you hold the driver responsible and recover the compensation you deserve. Here are the steps on how to sue for a pedestrian hit by a car in Valdosta: 

  • Seek Immediate Medical Attention: Your health should be your top priority. Even if you feel fine, injuries can sometimes appear later. Getting medical treatment as soon as possible can help identify hidden injuries and create a record of your condition. This is also important for your legal case, as medical records can support your claim.
  • Call the Police: Always report the accident to the police. A police report is an official document that records the details of the accident, including the cause and who was at fault. It can play an important role in any legal proceedings and insurance claims. Be sure to request a copy of the report.
  • Gather Information: If you are able to, collect information from the driver involved in the accident. This includes their name, contact information, insurance details, and vehicle information. You should also gather contact information from any witnesses who saw the accident happen. This evidence can be important for your case.
  • Document the Scene: Take photos of the accident scene, your injuries, and any damage to your surroundings. Photos can provide valuable evidence of how the accident happened. Make sure to capture details such as road conditions, traffic signals, and any other factors that could have contributed to the accident.
  • Seek Legal Help: After an accident, consulting with our Valdosta pedestrian accident lawyer can help you understand your rights and options. We can explain the claims process, negotiate with insurance companies, and make sure you receive fair compensation for your injuries. Legal advice is important to ensure that you don’t miss any deadlines or opportunities for recovery.
  • File an Insurance Claim: Before suing, you may need to file a claim with the driver’s insurance company. Georgia is an at-fault state, meaning the driver’s insurance should cover your damages if they caused the accident. Once your claim is filed, be prepared for negotiations with the insurance company. They may offer a settlement amount that does not fully cover your expenses. 
  • Determine Liability: To sue, you must prove the driver was at fault. Georgia law requires drivers to exercise care to avoid hitting pedestrians (O.C.G.A. § 40-6-93). If the driver was speeding, distracted, or ignoring traffic laws, they could be held responsible for the accident. 
  • File a Lawsuit: If the insurance company won’t offer a fair settlement or the driver doesn’t have insurance, you may need to file a lawsuit. This involves submitting a complaint to the court outlining the details of the accident, your injuries, and the compensation you’re seeking. In your lawsuit, you can seek compensation for medical bills, lost wages, pain and suffering, and other damages caused by the accident.

How Our Valdosta GA Pedestrian Accident Lawyer Can Guide You Through Your Case

Being hit by a car as a pedestrian can leave you feeling lost and unsure of what to do next. Whether you’re trying to figure out how to sue for a pedestrian hit by a car in Valdosta, Georgia, or want to make sure you’re getting the compensation you deserve, our Valdosta, GA, pedestrian accident lawyer is here to help.

At George McCranie Law Firm, PC, we can guide you through the entire process and make sure your rights are protected. We can help gather the necessary evidence, speak to insurance companies on your behalf, and ensure your case is handled correctly from start to finish. Having our personal injury law firm by your side can give you the peace of mind you need while you focus on healing.

Don’t wait to take action – contact us today for a free consultation. Let us help you deal with this challenging time and fight for your rights.