When you were walking one day, a car hit you and caused you to become injured, and now you’re wondering: When is a pedestrian accident my fault, and when is it someone else’s fault?
The W. Winston Briggs Law Firm can help you determine who is at fault. They have more than 30 years of experience helping clients with their cases. W. Winston Briggs, who founded the firm, has tried over 200 jury trials throughout his career. He is a hardworking litigator who is known for retrieving higher settlements for his clients. If you’ve been in a pedestrian accident in Florida, Atlanta, Georgia, and surrounding areas and want someone who will fight on your behalf, contact W. Winston Briggs Law Firm for your free initial consultation.
When Is a Pedestrian Accident the Pedestrian’s Fault?
It is entirely possible that you were responsible for your pedestrian accident. As a pedestrian, you have to exercise the duty of care for the people around you, just like a driver. While you may not be as dangerous as someone behind the wheel, you can cause issues if you’re being neglectful while you’re out and about in the world.
You could be at fault if the following scenarios apply. You may have been paying attention to your cell phone or some other distraction while you were crossing the street. Perhaps you were intoxicated, you were jaywalking, you had dark clothing on when crossing the road at night, or you entered a crosswalk even though you were supposed to wait your turn. You may have run out into the street to retrieve an object you dropped, or you threw items into the street that drivers had to swerve around.
As a pedestrian, you have to yield to drivers when it’s not your turn to walk across the street. If you don’t, and you end up getting injured, the driver who hit you may not owe you a dime. However, even if you think you caused the accident to occur, it doesn’t mean you’re 100% responsible.
When Is a Pedestrian Accident Someone Else’s Fault?
If you were following traffic laws and only crossing the street when you were supposed to, then the pedestrian accident would likely be someone else’s fault. For instance, maybe you walked across the street when you had the right of way, but a driver was on their cell phone and ended up going through a red light. In other scenarios, a driver might have been speeding and didn’t have time to slow down before the crosswalk, they didn’t have their lights on when driving at night, or they were intoxicated. Then, they were the negligent one who breached their duty of care.
When Is a Pedestrian Accident Both Parties’ Fault?
It’s possible that comparative negligence was at play, and the driver and the pedestrian were both to blame for the pedestrian accident. For instance, maybe you were looking down at your cell phone while crossing the street and not paying attention, and a driver was also not paying attention when they hit you. The person who is less at fault for the accident could still be able to retrieve a portion of their compensation. In Georgia, if a plaintiff is 50% or more negligent than the defendant, then the plaintiff cannot recover any damages.
What to Do If You’re in a Pedestrian Accident
If you’re the pedestrian in a pedestrian accident, then the first thing to do is call the police to generate a record of what happened. Then, take photographs of your injuries, any damage to your personal belongings, the scene where the accident occurred, and the driver’s car and license plate. Ask the driver for their name, contact information, and insurance policy number as well. If they try to offer you a settlement on the spot, do not accept it, since it could prevent you from retrieving a higher settlement later on. If there were any witnesses, ask them for statements, and note if there are any cameras around that captured what happened.
Next, it’s important that you go to the hospital, even if you think you aren’t injured. Tell the doctor about any pain you feel in your body and make sure you get X-rays taken. If they prescribe you medicine, take it, and if they refer you to specialists, go to those appointments. You need to be as diligent as possible about your medical care. If you are neglectful, you may not only hurt your body, but you could hurt your case as well.
Once you’ve gone to the doctor, the defendant’s insurance company might contact you and ask you what happened and if you are injured. You should not tell them anything other than the basic details like the fact that an accident happened and you were involved. Never mention your injuries or say anything that could result in them blaming you for the accident. If they offer you a settlement, again, do not accept it, because it will not be enough. These companies are notorious for offering paltry settlements, but in reality, you deserve much more. Instead, get in touch with a personal injury lawyer for assistance.
How a Personal Injury Lawyer Will Help You
Right now, you need to focus on getting better and nothing else. You don’t have the time or energy to get involved in litigation. While you’re going to doctor’s appointments and healing from your injuries, your lawyer will work hard to get you the compensation that’s rightfully yours.
Even if you think you are at fault, your lawyer may review the facts and determine that A.) you were not, or B.) you were only partially at fault and you deserve a portion of your compensation. They will go after the insurance provider to retrieve damages so you can have some peace of mind during this otherwise stressful time. All you need to do is get in touch with a personal injury lawyer to start the process.
Contact The W. Winston Briggs Law Firm
If you’ve been in a pedestrian accident, it’s time to reach out to The W. Winston Briggs Law Firm. Contact us online or call us at (404) 522-1500. We’ll stand by your side in your time of need and work hard to get you the compensation you deserve.