Can I Still File A Claim If I Was Partly At Fault For An Atlanta Pedestrian Accident?
Being struck by a vehicle is a traumatic experience. Finding out the driver is blaming you for what happened can make an already difficult situation feel overwhelming.
If you were injured in an Atlanta pedestrian accident and the at-fault driver is blaming you, get professional legal help right away. Our experienced Atlanta pedestrian accident lawyers explain how Georgia’s fault rules apply and how being even partially at fault impacts your rights to compensation.
Georgia’s Fault Rules and What They Mean for Injured Atlanta Pedestrians
Georgia’s Department of Transportation reports an average of 9 pedestrian accidents statewide each day. With our large population and busy city streets, Atlanta residents face significant risks.
When an Atlanta pedestrian accident happens, you can hold the at-fault driver accountable.
However, insurers are quick to deny or dispute claims, and a common tactic they employ is to blame the victim. Actions on your part that they can use to justify their actions include:
- Crossing outside of a marked crosswalk or against a pedestrian signal.
- Walking along a road without a sidewalk after dark.
- Stepping into traffic from between parked vehicles.
- Being distracted by a phone or other device while crossing.
Insurers are good at manipulating pedestrian accident victims into blaming themselves. However, even if you were partially at fault, it doesn’t excuse the driver’s reckless behavior.
Evidence That Can Help Support Your Atlanta Pedestrian Accident Claim
Insurance adjusters are not neutral parties. Their job is to protect the company’s bottom line. Under Georgia’s modified comparative negligence rule, they can reduce compensation if you are partly to blame. If your actions are more than 50 percent responsible, they can deny your claim.
This is where having solid evidence comes in. Common types of evidence in Atlanta pedestrian accident cases that can help protect your rights to compensation include:
- Traffic and surveillance camera footage from the intersection or surrounding area.
- Statements from people who witnessed the crash.
- The official police report, including any citations issued to the driver at the scene.
- Phone records showing whether the driver was distracted.
- Toxicology reports, if drunk driving is suspected.
- Medical records and statements from providers detailing the severity of your injuries and how they happened.
- Reports from accident reconstruction experts.
Unfortunately, evidence can disappear quickly after a crash. To hold the at-fault driver accountable, regardless of whether you were partly at fault, get professional legal help today.
Contact Our Experienced Atlanta Pedestrian Accident Lawyers
Pedestrian accident injuries in Atlanta can be devastating, impacting victims for months and years to come. Even if you were partially at fault, you may be entitled to compensation.
At Shiver Hamilton Campbell, we push back against insurers and help you gather the evidence needed to protect your rights in a claim. To request a consultation, contact our experienced Atlanta pedestrian accident lawyers. We represent clients in Savannah, St. Simons Island, Alpharetta, Decatur, Johns Creek, Jonesboro, Marietta, and all of DeKalb, Fulton, and Gwinnett Counties.
Sources:
dot.ga.gov/drivesmart/travel/bikeped/bikepedsap.pdf
georgiacourts.gov/wp-content/uploads/2024/04/Apportionment-of-Damages-Terry.pdf
