No matter what state you live in, if you hit a pedestrian with your car, you’re probably going to be found liable. This is true even if the pedestrian wasn’t in the crosswalk at the time of the accident.
This may not seem fair. Why do they have crosswalks if people aren’t required to use them? It’s not really a matter of fair. It’s a matter of common sense.
If you’re driving your car down the road, you have to keep your eyes out for pedestrians. You need to be careful at all times. So, it’s your responsibility to make sure you don’t hit somebody on foot.
Of course, there are cases where a pedestrian won’t be able to recover for their injuries. But these are few and far between. A pedestrian would have to behave quite recklessly in order to have no recourse against the driver.
For the most part, even in Georgia, pedestrians will be able to recover against the driver of the car that hit them. They have less control of the situation than the driver. They also are defenseless victims. They can’t withstand the impact of getting run over by a two-ton vehicle.
If you’re a pedestrian who’s been hit by a car, you need to call an accident lawyer in Douglasville, Georgia.
Why Would the Driver Be Found Liable?
When it comes to pedestrian accidents, the driver is almost always going to be found liable. A driver owes everyone on the road, including pedestrians, a duty of care. This duty requires that they use common sense while driving. It also requires that they keep an eye out for other cars and people on foot.
So, when someone hits a pedestrian with their car, it’s going to be presumed that they were at fault. It is very hard to convince a judge or jury that the pedestrian caused the accident. In almost all cases, the driver had the last chance to avoid the accident.
But this doesn’t seem fair. If a pedestrian wasn’t in a crosswalk, the driver has the right of way, doesn’t he? Technically, yes. But no court in the land is going to say that you can mow down a pedestrian simply because he wasn’t in a crosswalk.
Is the Pedestrian Ever at Fault?
Common sense (and the law) tells us that a pedestrian can’t run out into oncoming traffic and then sue for damages. But most injury cases don’t involve pedestrians who run into oncoming traffic.
Most of these cases involve pedestrians who, at worst, weren’t paying attention to traffic. They could be talking on dealing with a petulant child. They may be on their way back from the beach and are just trying to make it home with all their gear.
There are some instances, however, where the pedestrian will be considered at fault:
- The pedestrian runs into busy traffic at night
- The pedestrian is jaywalking at the time of the crash
- The pedestrian was laying down in the middle of the street
- The pedestrian was heavily intoxicated at the time of the incident
Short of reckless behavior, there are very few times when the pedestrian will be deemed at fault.
How is Fault Determined?
Your Douglasville injury lawyer knows that Georgia is a comparative negligence state. So, even if you were partially at fault, you may still be able to recover for your injuries.
In Georgia, if you’re partially at fault for your accident, you can still file a legal claim. The difference is, if you’re found to be more than 50% at fault, you can’t recover. In fact, if you’re more than 50% at fault, the other party can probably recover from you.
Your Douglasville accident lawyer will fight to prove that the driver was at fault. They’ll try to negotiate a settlement with the driver’s insurance company. If this isn’t possible, they’ll have no choice but to file a lawsuit on your behalf.
In the lawsuit, your lawyer is going to demand that you be compensated for the following:
- Medical bills
- Lost wages
- Pain and suffering
They’ll work hard to get you as much money as possible.
Contact an Accident Lawyer in Douglasville Today
If you’ve been injured in a pedestrian accident, you need to call an experienced accident lawyer in Douglasville. Your lawyer at John B. Jackson will review your case and let you know if you have a claim for damages.
Call today and schedule your free initial consultation.