If I’m a pedestrian and I was hit by a vehicle, do I have the right to file a claim?
182 pedestrians died in Georgia within the first six months of 2021.
If you or a loved one has been a victim of a pedestrian accident in Atlanta, this information is essential for you
According to the Governors Highway Safety Association (GHSA), there has been a 77% increase in pedestrian accidents since 2020. Driving over the speed limit and distracted driving are the primary causes.
A pedestrian is considered a person that moves on foot, including people who are walking or standing still, waiting, running, jogging, or any other type of movement on foot.
The statistics and our experiences have taught us that, in most cases, the injuries caused by a pedestrian accident are grave or even fatal since being a pedestrian puts you in a more vulnerable position. In our article, you may find the reasons why you shouldn’t stay quiet if you are involved in one of these situations.
Sometimes, you could fail to file a claim due to a lack of knowledge or even because the insurance company or the responsible driver has intimated you. This leaves you without legal counsel, and you won’t even be able to receive money to treat your injuries, let alone recover lost wages from missing work or taking time to heal.
The most important question you should ask your personal injury lawyer in Atlanta is: “If I’m a pedestrian and I was hit by a vehicle, do I have the right to file a claim?”
You can do it! You don’t need to be involved in a car or truck accident to file a claim against the responsible driver’s insurance company. Furthermore, you may present a claim if you have a policy for Uninsured/Underinsured Motorist coverage. That’s why we always recommend that you have this additional policy. If a driver flees after running you over, but you have the policy for an uninsured driver, you will be covered whether you’re a pedestrian or a driver. Learn more about this topic here.
You won’t need insurance as long as you can go against the responsible driver’s policy. You’ll need to file your claim within a maximum period of two years, the same time period used for any other car accident. We know this as the statute of limitations.
Your car accident lawyer in Atlanta will analyze whether it’s more convenient to go against the responsible driver’s insurance, utilize other security policies you might have or both to obtain the maximum compensation you deserve.
Always look for legal counsel since, unfortunately, these accidents can result in grave injuries that will force you to miss work days, use vacation time, and pay expensive medical treatment and recovery bills.
Another reason why you will need an expert pedestrian accident lawyer in Georgia is to have them determine if there are any causes for exempting the driver from responsibility. That is very important since they won’t file a claim until they know you’re entitled to the compensation you’re claiming.
Different exceptions might make your case more difficult or call for additional proof demonstrating the driver’s responsibility. However, remember that these reasons do not prevent you from filing a claim.
Some of these are:
- You were not crossing through the pedestrian crossing.
- You were using or not using a reflective vest that makes you visible.
- You were doing or consuming an illegal substance.
The insurance company’s lawyer or the one for the driver that injured you could claim your negligence. However, your accident lawyer will evaluate the speed at which the car was traveling, the damage caused, and the possibility of avoiding the accident even if you were taking part in negligent conduct.
Ultimately, this will all reflect in the compensation you receive. In the case of going to trial, the jury will determine your percentage of the blame.
Remember that the law in Georgia states that if you sue and are found to be 50% or more responsible for the accident, you will not be entitled to compensation. Realistically, you will need to know the case and all the conditions that influenced the accident to present your defense correctly.
You may obtain the same compensation you would receive from a car accident: compensation for your medical treatment, missed salaries, pain, and suffering, for which you will need to have all the proof necessary to demonstrate you aren’t guilty.
If you are a relative of a person who died in a pedestrian accident, you have a right to file a claim in place of your deceased relative. Don’t stop pursuing this. Although the compensation will not bring back the victim and family member, you will be able to pay off medical expenses, if any, and funeral costs, among other factors that your lawyer can claim for your family. Learn who can file a wrongful death claim in Atlanta here.
Always consult your case with an accident lawyer, and utilize the Uninsured/Underinsured Motorist coverage to remain adequately protected.
Photo courtesy of Steve Dimatteo – Unsplash