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Do I Have A Personal Injury Claim If I Was Hit By A Car
As A Pedestrian?
Pedestrian accidents involving cars can result in devastating injuries and significant physical, emotional, and financial hardships. If you or someone you know has been hit by a car as a pedestrian, it’s crucial to understand your rights and the legal options available to seek compensation for your injuries and losses. In this blog post, we will explore the key aspects of personal injury claims for pedestrians hit by cars and provide guidance to help you navigate this challenging process.
- Establishing Liability: Determining liability is a crucial step in any personal injury claim. In pedestrian-car accidents, liability is typically attributed to the driver of the vehicle. However, it is important to consider various factors such as driver negligence, traffic laws, road conditions, and the actions of the pedestrian. Gathering evidence, including witness statements, photographs, and police reports, can help establish liability.
- No-Fault vs. At-Fault Insurance Systems: Insurance systems vary depending on the jurisdiction. In no-fault insurance states, personal injury claims are typically handled through your own insurance company, regardless of fault. In at-fault insurance states, the driver’s insurance is responsible for compensating the injured pedestrian. Understanding the insurance system in your jurisdiction is crucial for pursuing your claim effectively. In Georgia, the at-fault driver’s insurance company is primarily responsible for compensating the injured party. If the at-fault party is uninsured or underinsured, then the injured party’s insurance company may compensate them if they have UM coverage.
- Documenting Injuries and Damages: Seeking immediate medical attention is essential after a pedestrian accident. Proper documentation of your injuries, including medical reports, treatment plans, and photographs, is crucial for building a strong personal injury claim. Additionally, keep records of all related expenses such as medical bills, rehabilitation costs, lost wages, and any other out-of-pocket expenses resulting from the accident.
- Comparative Negligence: In some cases, the pedestrian’s actions may contribute to the accident. Jurisdictions have different rules for dealing with comparative negligence, which means the injured party’s compensation may be reduced based on their percentage of fault. Understanding how comparative negligence laws apply in your jurisdiction is important for assessing the potential impact on your claim. In Georgia, if the injured party is 50% or more at fault, then they do not recover anything. It is important not to make any statements about your own fault as the injured party without first consulting an attorney.
- Dealing with Insurance Companies: Insurance companies often seek to minimize payouts so it’s essential to approach discussions with caution. Refrain from providing recorded statements or accepting settlement offers without consulting a personal injury attorney. An experienced attorney like Bethany Schneider can negotiate on your behalf, ensure your rights are protected, and help you receive fair compensation for your injuries and damages.
- Statute of Limitations: Be aware of the statute of limitations for filing a personal injury claim in your jurisdiction. These time limits vary, and failing to file within the specified timeframe can result in the loss of your right to seek compensation. In Georgia, it is 2 years from the date of injury. Contact a personal injury attorney promptly to ensure your claim is filed within the prescribed time limits.
Being hit by a car as a pedestrian can result in severe injuries and life-altering consequences. If you find yourself in such a situation, it’s important to understand your rights and pursue a personal injury claim to seek compensation for your losses. Consulting with an experienced personal injury attorney specializing in pedestrian accidents like Bethany Schneider is crucial to protect your rights, gather evidence, navigate the legal complexities, and maximize your chances of receiving fair compensation. Remember, you don’t have to face this challenging process alone; seek professional guidance to ensure the best possible outcome for your case.
Call us at (404) 800-3060 or email Bethany directly at firstname.lastname@example.org.