Whether you are out for a lengthy jog or simply a walk around the city, pedestrians often stick to sidewalks and crosswalks for their own safety. Unfortunately, pedestrian accidents regularly occur due to inattentive drivers who may not see or notice pedestrians in time to prevent a collision.
Despite the caution exercised by pedestrians, it takes only a second of lapsed attention from a driver for a serious injury or fatality to occur. In 2017 alone, 260 pedestrians were struck by a car and killed in Georgia, highlighting a need for better safety and accessibility of pedestrian walkways.
While no one likes to think about what would happen to them if an accident occurs, it is important to know whose insurance is responsible for your injuries when an accident does occur. This is because Georgia is a modified comparative negligence state, meaning that your ability to recover compensation can be affected if you are determined to be at fault for any part of your accident.
In the event of a pedestrian accident, Greathouse Trial Law is here to ensure that you are able to recover the most compensation you are legally entitled to. For that reason, we have outlined how insurance coverage works during pedestrian accidents to ensure that your claim is respected by the number of insurance agencies you may find yourself working with during this time.
Options for Financial Recovery for Pedestrians
The amount and type of compensation a pedestrian receives after an accident will depend on the defendant’s assets, both parties’ insurance, the extent of the pedestrian’s injuries and how much the pedestrian contributed to the accident.
If a pedestrian has medical insurance, this is often the first place a pedestrian will turn to in order to pay their medical bills. In many cases, it will be up to the pedestrian’s medical insurance company to collect reimbursement from the driver’s auto insurance company.
Georgia state law requires that drivers carry liability insurance coverage that meet the following minimum amounts:
- $25,000 per person for bodily injury.
- $50,000 per accident for bodily injury.
- $25,000 per accident for property damage.
Accordingly, drivers who are underinsured or uninsured may pose a threat to a pedestrian’s ability to recover damages for their injuries. If the costs of your injuries exceed the amount allocated to bodily injury in the driver’s insurance plan, for example, you may have to sue them in order to recover the remaining amount.
Unfortunately, if an uninsured pedestrian is hit by an uninsured driver without any other assets, the pedestrian may be out of luck. But even if a pedestrian is uninsured, as long as a driver has insurance coverage or other assets that can be sued for, some form of compensation from the driver’s insurance company will be recoverable.
Remaining Safe on the Road
In the chaos immediately following a car accident, minimizing the amount of damage caused should be a priority to all parties involved. If you are involved in a car accident as a pedestrian, the following actions should be taken as soon as possible:
- Contact emergency personnel immediately to notify them of the crash (especially if injury or fatality has occurred);
- Move out of the direct path of traffic (if possible);
- Assess the physical status of both yourself and others involved in the accident. If first aid is required and is able to be performed, do so as necessary;
- While waiting for emergency personnel to arrive, exchange insurance and contact information with all parties involved in the accident. This is critical to filing a claim against the individual(s) who may be responsible;
- Using your phone or a camera, photograph the scene of the accident in detail to use as evidence in your claim. This is especially important in proving the amount of damages you are entitled to;
- Gather the contact information of anyone who witnessed the accident, but may not have been directly involved. This may be helpful in proving the validity of your insurance claim should it be disputed in any way.
Contact a Trustworthy Legal Team Today
At Greathouse Trial Law we know firsthand that having a seasoned legal team fighting for you can be the difference between successfully recovering damages and walking away with nothing. If you or a loved one has been injured or killed in an Atlanta car accident as a pedestrian, contact us to discuss the details of your claim today.