If you were a pedestrian hit by a car, the value of your settlement will depend on the specific facts of your case. The individual “damages” that you can recover through a claim or lawsuit will depend on:
- Your portion of fault for the accident
- The severity of your injuries
- The details of your recovery period
The state’s statute of limitations also plays a pivotal role in your case’s outcome. To determine the value of your losses, we will need to talk to you and investigate your pedestrian accident.
Georgia Laws Protect Pedestrians
Georgia has laws in place to protect pedestrians.
- OCGA §40-6-91: Requires drivers to stop for pedestrians who are in a crosswalk
- OCGA §40-6-93: Requires drivers to avoid colliding with all pedestrians, even if they are not in a crosswalk or if they are confused, incapacitated, or intoxicated
A personal injury lawyer can evaluate the specifics of your case to determine if it is worth pursuing damages from the driver.
For a free legal consultation, call 404-214-2001
We Have to Explore These Factors When Evaluating Your Case
Many different things can affect the amount you could expect in your settlement if you, as a pedestrian, got hit by a car. Here are some elements that could determine what damages you can expect in your settlement:
Your Portion of Fault
First things first, Georgia operates under contributory negligence rules, per OCGA §51-12-33. If you contributed to the accident in any way, this could affect the amount of money you can seek.
To prove that the other party was primarily responsible for your accident, we must establish these details, per the American Bar Association (ABA):
- Duty of care. The other party must have owed you a legal duty of care. All drivers have a duty to keep a careful lookout for pedestrians.
- Breach of duty. When someone’s conduct does not meet the legal standard, it is negligence. If the driver did not keep a careful lookout for pedestrians because he was distracted by checking the GPS in his car, he breached his duty.
- Causation. The other driver’s actions must have primarily caused the crash. If something else caused the crash, then we will have to explore that party’s conduct and possible liability.
- Damages. The injured party must have measurable losses to go after compensation from the at-fault party. Medical bills, lost income, and wrongful death can satisfy this category.
Sometimes, negligence on the part of two or more parties causes a collision. Other times, an accident can happen without anyone being legally liable. Liability is one of the most important factors we have to investigate.
The Severity of Your Injuries
A person whose spinal cord takes significant damage, resulting in permanent paralysis of both legs, will likely receive much more than someone who suffered bruises. After getting hit by a car as a pedestrian, your settlement should account for your past, present, and future medical care.
How Well Have You Recuperated?
The amount you can expect in your settlement after getting hit by a car is not set in stone at the moment of the accident. Things that happen after the collision can impact the monetary value of the injury claim. Here are some examples:
- Complications
- Lingering problems
- Future necessary medical intervention
- Permanent impairment
These are just a few examples of issues during the recuperation phase that can contribute to your anticipated settlement amount.
The Statute of Limitations
If you wait too long to file a lawsuit seeking compensation from the at-fault party, you could lose the right to go after damages at all. OCGA §9-3-33 says that you only have two years in Georgia to file a personal injury lawsuit. If you miss the deadline, you limit your legal options.
What Types of Damages are Possible When a Car Hits a Pedestrian?
Your lawyer can help you determine the value of your damages caused by the accident. Some of the expenses that damages may cover include:
- Medical bills: Including bills for the ambulance, emergency room, X-rays or other diagnostic images, doctor’s visits, prescription medications, surgeries, and rehabilitative therapies
- Home modification bills: If you need to modify your home to make it accessible because of your injuries
- Lost compensation: If you miss work temporarily because of your injuries
- Future lost compensation: If you cannot return to your previous career because of your injuries
- Pain and suffering: If the accident diminishes your quality of life
A lawyer with Kaine Law will gather evidence to estimate the value of the damages you can recover. This evidence may include:
- Medical bills, records, and receipts to document your medical expenses and the length of your recovery
- Photographs of your injuries to demonstrate their severity
- Past wage statements to demonstrate your income before the accident
- Interviews with you, your friends, and your family to show how the accident has reduced your quality of life
You might have additional compensable losses, depending on the facts of your accident and injury claim.
Who Can Be Liable for an Accident in Which a Car Strikes a Pedestrian?
There could be parties other than the driver who could be responsible for your losses. For example:
- The car’s owner could be liable if the car had a known defect, and the owner didn’t fix the problem or warn the driver.
- The city could be responsible if the accident happened because of a defective sidewalk, crosswalk, traffic signal, or another similar problem.
- The car manufacturer could face liability if a defect, like the car’s steering, caused the collision.
- A car repair shop could be at fault if, for example, the car recently had brake repair that was done incorrectly, causing the driver to be unable to stop.
- A third party that created a hazard, like dumping a slick substance on the street that caused the car to lose control, could be liable if that factor caused the accident.
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How Can a Lawyer Help a Pedestrian Hit By a Car?
When you work with a lawyer at Kaine Law, you can expect assistance at every step of your case. Your lawyer can help you by:
Investigating the Accident
The police and insurance companies will investigate the accident, but your lawyer can independently investigate the accident as well. Your lawyer will interview witnesses, collect police reports, take pictures of the accident, gather evidence from the scene, and more to figure out what happened.
Estimating How Much Your Damages Are Worth
Your lawyer will collect evidence to determine the value of your damages caused by the accident.
Deal with Insurance Providers
Your lawyer can handle all communication with the insurance companies, whether by phone or in writing, file a claim on your behalf, and submit all required documentation.
Negotiate a Settlement
Insurance companies may offer you a lowball settlement to close the case quickly. Your lawyer can review any offers and negotiate a fair settlement on your behalf.
File a Lawsuit on Your Behalf
If negotiations fail, your pedestrian accident lawyer will file a lawsuit on your behalf and represent you in court.
Connect with Kaine Law to Learn More
If you are a pedestrian who was hit by a car, you may be able to recover financial compensation from the driver who hit you. You may be entitled to compensation for medical bills, lost wages, pain and suffering, and more.
Attorney Evan Kaine has multiple decades of experience representing personal injury victims, including pedestrians hit by cars. His team has recovered millions of dollars for clients over the years. Call today to set up your FREE case consultation with Kaine Law. We work on contingency, so there are no up-front costs.
Call or text 404-214-2001 or complete a Free Case Evaluation form
