Pedestrian Accident Lawyers in Savannah, GA
As experienced pedestrian accident lawyers in Savannah, GA, our firm understands the negative effects a pedestrian accident can have on you and your family and the financial devastation which may result if not addressed timely. At Ty Wilson Law, we will do everything we can to make sure your needs are addressed quickly and effectively.
If you have suffered injuries as a result of a pedestrian accident, or if you are a loved one of someone who has been killed in a Georgia pedestrian accident, contact us online or call or text us today at (912) 233-1100 to set up a free consultation to discuss your legal options specifically tailored to you and your needs.
Can I Handle My Accident Without a Pedestrian Accident Attorney?
Often people believe they can handle their pedestrian accident without hiring an attorney. Dealing with insurance companies can be tricky. The adjusters go through a great deal of training to show you compassion and to obtain the information that the insurance company needs without giving you any information you need to resolve your claim.
Remember the insurance company’s number one goal is to pay out as little as possible. So, they always looking for ways to devalue or deny your claim completely. It is not recommended that you attempt to resolve your pedestrian accident without an experienced pedestrian accident lawyer in Savannah, GA who can help you navigate through the complicated maze of negligent law.
An experienced Savannah pedestrian lawyer will lockdown necessary evidence immediately after the pedestrian accident. Some evidence is destroyed as time goes on. Once evidence is destroyed there is no way to recreate without great expense. Sometimes, for example, videos from nearby store cameras will be erased. Capturing the evidence can be critical to proving details of the accident which the pedestrian may not remember due to the seriousness of the injuries.
Equally as important is obtaining all insurance coverages that are available. We have seen several people sign documents with the at-fault insurance company without checking for all coverages which may be available.
By doing so, they substantially hurt any future recovery. It is always recommended that you speak with a personal injury attorney in Georgia to make sure you are not harming your pedestrian claim.
Pedestrians vs Cars: Who Is At Fault?
Pedestrians have rights. Often pedestrian accidents occur when a driver is not paying attention to the roadway or is intoxicated. Georgia has several laws in place to protect pedestrians.
- 40-6-91 – Right of way in the crosswalk
(a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subsection, “half of the roadway” means all traffic lanes carrying traffic in one direction of travel.
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield.
(c) Subsection (a) of this Code section shall not apply under the conditions stated in subsection (b) of Code Section 40-6-92.
(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
- 40-6-92. Crossing roadway elsewhere than at crosswalk
(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway unless he has already, and under safe conditions, entered the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway if he uses the roadway instead of such tunnel or crossing.
(c) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
(d) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices. When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
- 40-6-22. Pedestrian control signals
Whenever special pedestrian-control signals exhibiting the words WALK or DON’T WALK or symbols so directing a pedestrian are in place, such signals shall indicate as follows:
(1) Word or symbol message WALK — Pedestrians facing such signal may proceed across the roadway in the direction of the signal. Every driver of a vehicle shall stop and remain stopped for such pedestrians; and
(2) Flashing or steady DON’T WALK — No pedestrian shall start to cross the roadway in the direction of such a signal, but any pedestrian who has partially completed his crossing on the WALK signal shall proceed to sidewalk or safety island while the DON’T WALK signal is showing.
- 40-1-1.(10) Definition of a Crosswalk
“Crosswalk” means (A) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the traversable roadway; or (B) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
- 40-6-144. Emerging from alley, driveway, or building
The driver of a vehicle emerging from an alley, building, private road, or driveway within a business or residential district shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across such alley, building entrance, road, or driveway or, in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon.
The driver of a vehicle shall yield the right of way to any pedestrian on a sidewalk. No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized driveway.
Georgia is a Comparative Negligence/Fault State
Georgia is considered a modified comparative fault state. That means if the pedestrian is 50 percent or more at fault then they are barred or not allowed from recovering. If they are considered less than 50% at fault then they can recover only based upon the at-fault percentage.
Call or text Your Pedestrian Accident Lawyer Today
Whether you are a witness or a victim you want to make sure you prevent further damage by preventing other vehicles from not seeing you and running over you. If you are a witness, you want to stop traffic from running over an unconscious victim.
If the driver keeps driving and does not stop any information you obtain can be difference between locating the driver and not seeing them again.
Call 911 ask for the police and medical personnel immediately and notify them of what intersection you are at. Remain calm. The person hit by the vehicle should seek medical treatment immediately as injuries can be internal, adrenaline could be reducing the effects of broken bones, or they may have a head injury which prevents them from making the best decision at that time.
Equally important, the victim may be embarrassed about the attention they are receiving. Make the victim comfortable and wait with them until emergency personnel arrives. If people must leave the scene request their names and contact information to include address, phone numbers, e-mail addresses, etc., as you may never see that person again in the future otherwise.
This is also important even if the police are on the scene as sometimes, they forget or miss witnesses and those independent witnesses could be important to your claim.
Take pictures of the vehicle, the pedestrian’s location, the intersection, crosswalk if there is one, traffic, the scene in general and the street layout.
Discuss who was at-fault, blame or yell or argue with anyone at the scene. Do not discuss details with anyone at the scene other than to exchange contact information.
Hire legal counsel to protect your interests and take control of the claim. Hire the right one, not the first one you see on TV, you should speak with several and find an attorney you are comfortable with as your claim may take some time while you are recovering.
Every case is truly unique and should be reviewed by a pedestrian accident lawyer in Savannah, GA to discuss your legal rights. We serve clients in these areas:
- Savannah, GA
- Port Wentworth, GA
- Tybee Island, GA
- Thunderbolt, GA
- Montgomery, GA
- Bloomingdale, GA
- Pooler, GA
- Richmond Hill, GA
For more information about our legal services, call or text us today at (912) 233-1100 to schedule a consultation with an expert personal injury lawyer in Savannah, GA.
According to the National Highway Transportation Safety Administration, 4,985 motorcyclists were killed in motorcycle crashes nationwide in 2018.
As experienced pedestrian accident lawyers in Savannah, GA, our firm understands the negative effects a pedestrian accident can have on you and your family and the financial devastation which may result if not addressed timely.