How to Seek Compensation and Recover from Injuries After a Pedestrian Accident
Being involved in a pedestrian accident can be a traumatic experience, often resulting in severe injuries and emotional distress. In addition to focusing on your recovery, it is crucial to understand your rights and options for seeking compensation.
Pedestrian Rights to Compensation After an Accident
Pedestrians hit by a vehicle have the right to pursue compensation from the at-fault driver, for example, through:
Insurance Claims
In Georgia, you can file a claim with the at-fault driver’s insurance company to recover compensation for medical expenses, lost wages, pain and suffering, and other accident-related losses. The insurance company will assign an adjuster to handle your claim. Provide all requested information promptly and be prepared to answer questions about the accident, your injuries, and any medical treatment received. However, do not give consent for a recorded statement. The adjuster may ask misleading questions or state them in a way to trip you up in your answers to shift blame onto you. As a result, it can unintentionally hurt your claim.
Personal Injury Lawsuit
If an insurance claim does not result in the settlement you deserve, your attorney may recommend filing a personal injury lawsuit against the responsible party. However, most cases settle before trial, and filing a lawsuit is often enough motivation to get an insurance company to settle for fair compensation.
Comparative Fault
Georgia follows a fault-based system, which means a modified comparative fault rule will apply to your claim. Under this law, your compensation will be reduced if you were partially at fault for the pedestrian accident. However, as long as your degree of fault is less than 50%, you can still receive compensation. For example, if you are awarded $100,000 and found 10% to blame, you will receive 90% of the award or $90,000. On the other hand, if you are found 50% at fault because you darted into traffic, you cannot recover any compensation.
How to Recover After a Pedestrian Accident
Recovering after a pedestrian accident can be a challenging and lengthy process. It is crucial to prioritize your health and well-being by taking the following steps:
- Seek Medical Attention: Call 911 or immediately see a doctor after leaving the scene of the accident. Even if you don’t believe your injuries are severe, it is possible to have delayed symptoms.
- Gather Evidence: Preserving evidence from the accident scene can significantly strengthen your case. If possible, take photos or videos of the accident location, including skid marks, damaged property, your injuries, and any other relevant details. Collect contact information from witnesses who saw the accident and note their statements. This evidence will help establish liability and prove the extent of your injuries.
- Follow Your Doctor’s Instructions: Adhere to the treatment plan outlined by your healthcare provider. This may involve taking prescribed medications, attending physical therapy sessions, or following specific rehabilitation exercises. Make sure to attend all follow-up appointments and communicate any concerns or changes in your condition.
- Rest and Allow Time for Healing: Your body needs time to recover. Get plenty of rest, and follow your doctor’s advice regarding limitations on physical activities. Gradually increase your level of activity as recommended.
- Emotional Support: Seek emotional support from friends, family, a therapist, or support groups to help you cope with any psychological trauma, anxiety, or depression that may arise.
- Follow Legal and Insurance Processes: If you are pursuing compensation for your injuries, consult a pedestrian accident attorney to understand the legal process and ensure your rights are protected. Keep detailed records of all medical expenses, treatment, and any impact the accident has had on your daily life.
Recovering from a pedestrian accident requires both physical healing and financial stability. By following these steps and working with an Atlanta Pedestrian Accident Lawyer, you can ensure the best possible outcome for your situation.