Liability In Atlanta Pedestrian Accidents: Blaming Victims Is Unfortunately Common
Pedestrian accidents in Atlanta leave victims dealing with painful and debilitating personal injuries. It is easy to get overwhelmed in the aftermath, once the full impact of what happens hits you, and medical bills begin flooding in. While the at-fault driver’s insurance can help cover these costs, lost income, and other damages, it may come as a surprise when they turn around and blame you for causing the crash.
Unfortunately, it’s common for drivers and insurers to try to shift responsibility, especially when collisions happen in busy areas like Midtown, Downtown, Buckhead, and near MARTA stops. Our experienced Atlanta pedestrian accident lawyer knows how upsetting this can be. We explain common behaviors insurers may try to use against you and evidence that can help prove the driver was responsible.
Common Behaviors Insurers Use to Shift Blame When Pedestrian Accidents in Atlanta Happen
The Georgia Governor’s Office of Highway Safety warns that nearly 300 people are killed in pedestrian accidents each year throughout the state, while thousands of others suffer serious injuries. Nearly a third of these crashes happen in the Atlanta area.
Speeding, running red lights, and other reckless driving behaviors are often responsible, but those at fault may try to shift blame, even when the pedestrian did nothing wrong. Behaviors on your part their insurer may point to include:
- Crossing the street outside of a crosswalk;
- Stepping into the road against a “Don’t Walk” signal;
- Crossing between rows of parked vehicles;
- Wearing dark clothing when walking at night, reducing visibility;
- Being distracted or under the influence;
- Walking on busy bridges and roadways, or any area where a sidewalk isn’t available.
While these actions may increase risk, they do not automatically make you liable. Georgia follows a comparative negligence system, meaning you can still recover damages as long as you were not more than 50 percent responsible. And in many cases, drivers still bear the majority of the fault because of their reckless and dangerous behavior.
Evidence That Can Help Prove Fault in Atlanta Pedestrian Accident Claims
Injuries caused by pedestrian accidents in Atlanta are often severe. By blaming victims, insurers can avoid paying out large settlements. Fortunately, accusations are not the same as proof. Evidence we can gather to help prove the driver is liable includes:
- Traffic camera or surveillance footage showing the driver’s speed, behavior, or failure to yield.
- Witness statements that confirm it was their fault.
- Police reports documenting the driver’s actions or citations.
- Vehicle black box data, which may show speeding or sudden braking.
- Cellphone records, if distracted driving is suspected.
Rather than try to gather evidence while recovering from pedestrian accident injuries, get professional legal help immediately.
Contact Our Experienced Atlanta Pedestrian Accident Lawyer Today
Insurers often try to blame victims for pedestrian accidents in Atlanta. Don’t go up against these companies alone. To protect your rights to compensation, contact Shiver Hamilton Campbell.
Our experienced Atlanta pedestrian accident lawyer provides trusted representation, serving clients throughout Gwinnett, Fulton, and DeKalb Counties. Request a consultation today.
Sources:
gahighwaysafety.org/wp-content/uploads/2022/08/2020-Non-Motorist-Pedestrian-and-Bicyclist-Georgia-Traffic-Safety-Facts.pdf
georgiacourts.gov/wp-content/uploads/2024/04/Apportionment-of-Damages-Terry.pdf
