Got Hit By A Car While Crossing The Street? Know About Your Legal Rights
If you got hit by a car while crossing the street, you might be able to file a compensation claim. Find out more.
The Orlando Firm are your personal injury attorneys with the experience to win.
What You Should Know If You Got Hit By A Car While Crossing The Street
Being hit by a car can be a traumatic experience for anyone. Unlike motor vehicle drivers, pedestrians in most cases lack insurance protection, and so the accident may cause severe repercussions and life-changing injuries. That’s not to even mention the costly medical bills that you will have to pay, even if you have health insurance. The good thing is, you have legal rights in Georgia if you are a pedestrian and you find yourself in an accident.
Pedestrians are often blamed for the accident. Both the driver and the police may assume that the pedestrian was in the wrong by walking in areas where pedestrians are not supposed to. That seems unfair, right? What if it was the other way round? The driver was driving in a place where he was not supposed to and mistakenly hit a pedestrian walking along the pedestrian crosswalk. It is not always the pedestrian’s fault as people try to make it seem.
If you find yourself in such pedestrian accident cases, you need to advocate for your rights. You can file a claim for compensation for the damages and personal injury caused by the pedestrian accident. Such claims for maximum compensation may include; lost wages from missed work time, medical costs and medical care that you received, and even property damage if there was any property damaged in the motor vehicle accident. You can also seek a settlement offer for the pain and suffering caused to you by the driver.
Filing a Claim With the Insurance Companies
Be sure to collect as much evidence as possible after the accident if you can. This will help you protect your rights since the reckless driver or the insurance company may try to blame you by saying you did not pay attention to where you were going.
Once you have received medical attention, be sure to contact a Georgia personal injury lawyer as soon as possible to guide you on the way forward. A lawyer may be able to help you file a personal injury lawsuit against the reckless driver with the applicable insurance companies.
Pedestrian Car Accident Injuries: Am I At Fault If A Car Hit Me While I Was Jaywalking?
Most people do not know that jaywalking means nothing under Georgia’s traffic laws. In fact, it is legal for you to walk in an area where there are no crosswalks.
According to Georgia laws, crossing the road is permitted when you do not cross the road straight across. It is also legal if you cross a road that has traffic control signals on both sides that you are crossing from.
What Are The Rights And Duties Of Pedestrians In The State Of Georgia?
According to the traffic laws of Georgia, pedestrians have the right of way in any crosswalk. So, a car driver has the legal obligation to yield the right of way to any pedestrian in the crosswalk even when the traffic control devices are green.
A pedestrian also has the right of way on a sidewalk, and a driver crossing the sidewalk must yield the right of way to such pedestrians. A pedestrian must also obey all traffic signals at intersections. If there is a yellow light at the intersection, a pedestrian must not cross the intersection. You are also prohibited from crossing during red light signals.
Even though you have the right of way in a crosswalk, you must not leave the sidewalk in situations where it is impossible for the driver to yield to you. If you suddenly choose to leave the sidewalk and you end up walking into the path of the motor vehicle, you may be considered negligent, and end up being blamed for the accident legally.
If you cross a roadway outside the marked crosswalk or an intersection that is unmarked, you have the duty to yield right of way to cars that are on the road. Even if a pedestrian has the right of way, the pedestrian has an obligation to be on the lookout for their safety. If the proper lookout is not adhered to, it may constitute negligence on the pedestrian’s side.
What Happens After Hitting A Pedestrian In A Crosswalk In The State Of Georgia?
Of course, crossing the road at a marked crosswalk doesn’t guarantee your safety. Do not be fooled by the brightly painted white lines, flashing lights, or signage thinking they will keep drivers from hitting you. In most pedestrian accident cases, the driver involved in the car hit is always at a fault state and hence holds legal liability. This means the victims that the car hits often seek compensation from the respective insurance companies.
In such accidents, the driver involved needs to help the pedestrian get medical attention if, by any chance, the pedestrian got injured. This may include calling paramedics. As you wait for the paramedics to arrive, you may contact the insurance company. Obtaining a car and truck accident attorney will also help the situation as they will guide you on the way forward.
Filing a Personal Injury Claim After Getting Hit By A Car: Injuries & Next Steps
You probably think you may not get compensation if a car hits you in a parking lot or on the street. However, if you were injured, a strong team of personal injury lawyers may be able to help you file a personal injury claim against the other driver with the driver’s insurance company. This is especially likely if evidence of the scene and its aftermath such as traffic cameras, a police report, and hospital records are available.
Contact a Trusted Personal Injury Attorney Today For a Free Consultation
The Orlando Firm in Georgia is dedicated to helping its clients in such accident cases. If you or a family member is a badly injured pedestrian, our auto accident attorney has you covered. We are a full-service law firm with a sole focus on personal injuries across Georgia, including those sustained as a result of pedestrian accidents.
At The Orlando Firm, we are dedicated to representing pedestrians who have suffered the tragic consequences of personal injuries and are committed to getting the rightfully-owed damages awarded for the pedestrian’s injuries, including punitive damages. Please take advantage of the free consultation that our car, truck, and motorcycle accident attorney offers to all prospective clients by visiting our offices or contacting us via our phone number below. We will help you determine if you have a personal injury case so you can begin moving forward.
The Orlando Firm are your personal injury attorneys with the experience to win.