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Driver negligence is one of the leading causes of pedestrian accidents. If you were injured by a distracted, fatigued, or intoxicated driver in Georgia, understanding your rights and legal options for seeking compensation is vital. By using the state’s laws to your advantage, you can maximize the compensation sought through your auto insurance claim or personal injury lawsuit.
Georgia Laws Affecting Pedestrian Accidents
Georgia has several laws in place that could affect your pedestrian accident case. For example, GA Code Section 40-6-91 outlines the rights of pedestrians crossing the road in marked crosswalks. When a pedestrian is in a crosswalk, oncoming vehicles must stop and yield the right-of-way to the pedestrian. Additionally, this law states that pedestrians must not suddenly leave the curb or run into the path of a vehicle that doesn’t have time to stop.
GA Code Section 40-6-92 also states that pedestrians must yield the right-of-way to vehicles when attempting to cross the street when not at a marked crosswalk. However, if the pedestrian is already in the road after entering it safely, vehicles must yield the right-of-way to them. This law provides additional restrictions on how a pedestrian can cross the street, such as requiring pedestrians to use nearby crosswalks when possible and prohibiting diagonal crossings at intersections.
GA Code Section 51-12-33 covers the state’s modified comparative negligence law. Under this law, the compensation recovered by injury victims can be reduced by a percentage equal to their degree of fault. And if their degree of fault exceeds 49 percent, they cannot recover compensation.
The driver’s insurance company may attempt to use the comparative negligence law to reduce the value of your claim. For example, they may assert that you tried to cross the road when you didn’t have the right of way. However, an experienced lawyer can push back against these assertions by providing evidence of the contrary, including traffic camera footage, eyewitness statements, and more.
Seeking Compensation in a Georgia Pedestrian Accident Case
Pedestrian accident victims can seek compensation for various losses related to the incident, including medical expenses, lost wages, disability, and pain and suffering. The primary way to seek this compensation is through an auto insurance claim against the driver’s liability coverage insurance policy.
In Georgia, all drivers must have the following amounts of liability coverage at a minimum:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage
If the driver who struck you fled the scene or doesn’t have insurance, you can file an uninsured motorist claim with your own auto insurance provider. Uninsured motorist coverage is an optional insurance type you may have as part of your policy.
Additionally, victims can seek compensation through a personal injury lawsuit if the driver’s insurance company denies their claim or refuses to offer a fair settlement amount.
Statute of Limitations for Pedestrian Accident Claims
Pedestrians struck by vehicles in Georgia only have two years to file auto insurance claims and personal injury lawsuits seeking compensation for their injuries under GA Code Section 9-3-33. If you fail to file your claim within this period, you will likely be barred from recovering the compensation you need, which is one reason why it’s important to act fast after a pedestrian accident.
Contact Our Macon, Georgia, Pedestrian Accident Lawyer
If a vehicle struck you in Macon, Georgia, contact Joshua E. Palmer Law Firm for a free consultation with an experienced pedestrian accident lawyer. During your initial consultation, we’ll review your case and explain your options for holding the at-fault party liable for your damages. Our firm has recovered millions of dollars for injury victims in Georgia, and we’re prepared to do what it takes to help you seek the recovery you need.
