Atlanta is the capital of the U.S. state of Georgia, and more than 1 million people call Atlanta their home. Unfortunately, with so many residents, pedestrian accidents are common here.
On average, one pedestrian accident occurs every 10 minutes in Atlanta due to a variety of factors. Most of the time, drivers are to blame for the accident. They may drive distracted or drunk or they may simply run through a stop sign without looking.
Sometimes, however, pedestrians are partly to blame for these accidents. They may jaywalk or try to run across the roads without using designated crossings.
When this occurs, who is to blame for the accident? Can pedestrians still collect compensation if they are partly to blame for their accident?
Collecting Compensation If You’re Partly To Blame
If you are injured in an Atlanta pedestrian accident, the police will investigate to determine who is to blame. Their main goal is to uncover whether either party contributed to the cause of the Atlanta pedestrian accident.
Liability is extremely important because Atlanta laws allow for injured accident victims to recover compensation depending on their level of liability. In fact, Atlanta and the state of Georgia follow a modified comparative negligence law. This means that you can collect compensation as long as you bear less than 50 percent of the responsibility for the accident.
Oftentimes when car-pedestrian accidents occur, nobody is 100% at fault — both parties have some percentage of responsibility for what occurred. So what happens when you’re involved in an Atlanta pedestrian accident that was your fault? Do you have to pay damages out of pocket?
To collect compensation for your injuries, you must show that you are less than 50 percent responsible for the accident.
Insurance companies know this. They know that the best way to reduce their own liabilities is to increase yours. As such, they will try to pin some – or all of the blame on you. They will insist that you caused your pedestrian accident. They’re hoping that a jury will find that you are more than 50 percent liable for your accident. If this occurs, you will not be able to collect damages.
Even if they can show that you are partly to blame, the amount of compensation you can collect gets reduced by your portion of responsibility.
For example, suppose the court determines that you were 20 percent liable for your accident. If you receive an award of $100,000, you would only collect $80,000 of that award.
What Can A Pedestrian Accident Lawyer Do?
To prevent this from happening, you need an experienced Atlanta personal injury attorney on your side. Your attorney will gather the evidence needed to establish liability. By building your case and performing an independent investigation, you can often recover more compensation.
Insurance companies know that injured accident victims with lawyers are willing to fight. They know they can’t lowball a pedestrian accident victim who has retained legal counsel. When you hire an accident attorney to represent you, you can rest easier knowing that you have a team that will fight for you and your right to compensation.
A pedestrian accident attorney can help your case by:
- Investigating accident carefully
- Employing experts for testimony
- Interviewing eyewitnesses
- Negotiating with insurance companies
- Working with medical team to understand the full scope of injuries
- Obtaining a copy of the police report and correcting any errors
- Gathering evidence to prove liability
It is only natural that you have questions after a serious pedestrian accident. Fortunately, most personal injury lawyers offer free initial consultations and reviews. That way you can get answers to your questions and examine all of your legal options.
Once you choose a pedestrian accident lawyer to represent you, you can focus on your recovery knowing that your attorney is handling the insurance companies for you. Even better, they work on a contingency basis. That means they only get paid once they collect money for you.
Contact Our Atlanta Pedestrian Accident Lawyers
For years, the Kim Law Team has helped injured pedestrian accident victims who suffered injuries in car accidents. We know the uphill battle you face when dealing with insurance companies. That’s why we work aggressively to help our injured pedestrian accident clients every step of the way. From Marietta to Buckhead, we are here to help.