The last thing you expect while walking on a sidewalk is to be hit by a car. However, pedestrian accidents on sidewalks and designated crosswalks occur often in Georgia. In most cases, the driver was drunk, distracted or speeding, and thus liable for the accident.
The Gumprecht Law Firm is a respected personal injury law firm in North Georgia. We concentrate on auto accident settlement negotiations and litigation. Attorney Michael Gumprecht has a track record of successful recovery in complex cases. His out-of-the-box approach to injury recovery has won him a lifetime membership in the Million Dollar Advocates Forum and a Lifetime Achievement award presented by America’s Top 100 Attorneys®.
If you were involved in a sidewalk accident caused by a negligent driver, do not delay in pursuing your legal rights. Early investigation increases your opportunity to prove the driver’s liability and mitigate fault that the driver will attempt to place on you. Attorney Gumprecht is accessible 24/7 so you can obtain immediate legal advice.
Sidewalks and Crosswalks
Georgia follows a modified comparative fault theory when determining damages for an accident. Modified comparative fault theory is known as the 51/49 rule because the defendant must be at least 51 percent at fault for the plaintiff to recover damages. A plaintiff who is 50 percent at fault recovers zero. Damages are then reduced by the amount of the plaintiff’s fault. For example, if your damages equal $100,000 and you are found to be 20 percent to blame, you will be awarded $80,000.
The fact that you were on a sidewalk or crosswalk when hit by a car is compelling evidence that you are not at fault. However, the driver may have had the right of way if you were crossing over a driveway that intersected the sidewalk or if you were walking against the light through a crosswalk. Even then, you may have a counter defense that the driver would have seen you, had he or she been mindful of the surroundings or not engaged in other negligent acts, such as drinking, texting or speeding.
Pedestrian Auto Insurance
As a pedestrian, you have several options for recovering damages after being hit by a car. First, the driver is required to maintain auto liability insurance for at least $25,000 for each injured person, $50,000 for each accident and $25,000 if your property, such as a bike or scooter, was also damaged. Some drivers may carry more than the minimum policy limit.
After looking to the at-fault driver’s policy, we next look to your own policies for compensation. You may recover from your uninsured/underinsured policy for damages that exceed the driver’s liability insurance limit or if the driver fled the scene after hitting you. A medical insurance policy may also provide additional coverage for injury-related care.
Learn More About Your Rights by Contacting a Georgia Car Accidents Law Firm
Call The Gumprecht Law Firm at 678-800-1050 to discuss your right to damages if a car hit you while you were on a sidewalk or designated crosswalk. Our Georgia car accidents law firm offers you a free initial consultation and is accessible to you 24/7. Under our contingency fee plan, you do not pay attorneys’ fees until you recover damages.