Pedestrian Accident Attorney Augusta, Georgia

Cars and truck Mishaps With Pedestrians in Augusta, Georgia

Here’s exactly what to do, and ways to determine fault, if you struck a pedestrian.

The length of time earlier did the event happen?

Hitting a pedestrian while driving an automobile is a frightening occurrence, however not uncommon. Inning accordance with data gathered by the National Highway Traffic Security Administration, over 60,000 pedestrians were injured in traffic accidents in 2006. Striking a pedestrian at a speed of over 30 miles per hour leads to more severe injuries and deaths– yet a motorist can badly disable a pedestrian in a crash where the driver is taking a trip only 10 miles per hour.

As a motorist, it is essential to understand exactly what to do instantly after a mishap with a pedestrian. By remaining calm and talking to the right celebrations, you can minimize your liability. Chauffeurs need to also find out the standard rules of fault, how injuries and damages will be compensated, and most notably, ways to prevent such accidents in the first place.

What to Do Immediately After the Mishap – Information for Augusta, GA 30901

Many chauffeurs that hit pedestrians are extremely upset immediately after the mishap. Take a deep breath and focus on the following:

  • Security precedes. Initially, get any hurt people to a place of safety. Do not attempt to administer medical treatment beyond what is required of you in an emergency situation, such as CPR.
  • Get medical and legal help. Next, contact the police, medical care companies, and vehicle insurance service providers (the driver’s and the pedestrian’s). If you are facing possible criminal charges for the accident, such as driving under the influence, contact a criminal defense lawyer on your own if you can. When the authorities and your insurance coverage agent get here, give truthful statements to them about how the accident took place.
  • Exchange contact information, however not much more. If the pedestrian is not incapacitated, exchange your name, telephone number, and insurance coverage details with them. Prevent talking extensively with the pedestrian or their friends or member of the family. Confessing fault, or making statements such as “I feel so guilty,” could expose you to a personal injury lawsuit. You ought to also prevent speaking straight to the pedestrian’s attorney or car insurance company. It is necessary to have your auto insurance provider interact with the pedestrian’s attorney, auto insurance provider, or pedestrian themselves.

Who Is at Fault?

When a driver hits a pedestrian, typically the greatest concern is: Whose fault was the mishap? Normally, fault is figured out by the law of negligence. A person who fails to work out a sensible requirement of care under the situations might be considered “irresponsible.”.

Nevertheless, both the chauffeur and the pedestrian can be irresponsible. For instance, the pedestrian might be crossing the street unlawfully while the chauffeur is traveling in excess of the posted speed limitation. This situation is treated differently in different states.

Some states, such as Maryland and Virginia, follow what’s called a “pure contributing negligence” guideline. This implies that if the pedestrian contributed in the slightest bit to the accident, then he and his auto insurer can not recuperate damages from the driver and his car insurer.

Other states follow a “relative fault” rule. This implies that a pedestrian can recover some damages even if he was partly at fault.

Police Reports and Insurance Company Findings: Procedure for Augusta, Georgia 30901

The authorities will take declarations from the driver, pedestrian, and witnesses to identify who was at fault. They may make a conclusive finding on the spot or conduct a detailed investigation to make the finding later on.

The authorities report from the mishap will suggest which party the police officer saw as being at fault. Vehicle insurer, however, might challenge this finding. Insurance provider usually send an adjuster to the scene of the mishap, or view the damage to persons and home soon after the mishap has occurred. If you believe that your insurance company will unjustly appoint you a greater percentage of fault, think about retaining an accident attorney to argue that you have a lower portion of fault.

Insurance Coverage for Pedestrian Accidents

Hurt pedestrians are normally covered under their health and disability insurance policies, or worker’s payment protection, if the mishap occurs on the job. They might also be covered under one or more vehicle insurance coverage.
Payment Under Vehicle Liability Insurance coverage.

An injured pedestrian can usually file a claim versus the driver’s or lorry owner’s car liability insurance plan. Almost all states require that automobile owners and chauffeurs carry liability insurance to cover personal injuries to third parties and damage to third parties’ property. Healings depend on whose fault the mishap was and numerous state statutes.

Payment Under No-Fault Protection

Some states, called “no-fault” states, require insurer to spend for the medical costs and lost salaries of their own policyholders, despite who is at fault. This is also known as accident defense (PIP).
When it concerns protection for injuries to pedestrians in no-fault states, laws between the states vary. In some states, the driver’s insurer pays the quantity of the pedestrian’s medical expenses as much as the PIP limit, even if the mishap is the pedestrian’s fault. There are exceptions to this payment plan. For instance, in New Jersey, if a pedestrian is not insured, she or he may be paid out of an unique state-mandated fund called the Unsatisfied Claim and Judgment Fund.

Look for an Attorney’s Suggestions

State laws vary widely when it comes to vehicle insurance schemes, and each plan has constraints and exemptions. In addition, healing may depend upon the particular insurance policies included along with judicial decisions in that state.


In order to sort this all out, hurt pedestrians may wish to seek advice from a professional, such as the pedestrian’s own insurance provider or an injury lawyer. Pedestrians need to ask an attorney which automobile insurance company they ought to approach first, and from which insurance company they might be able to get additional protection.

Preventing Pedestrian Accidents in Augusta, Georgia

The very best way to prevent pedestrian accidents is to comprehend that “protective driving” means watching out for individuals who stroll, use a bike, run a wheelchair, rollerblade, rollerskate, ride an electric scooter, and play in the road. Pay specific attention to children and older grownups. These people may be less knowledgeable about motorists on the road. They are more likely to wander off outside crosswalks and not pay attention to traffic signals.

It is necessary to bear in mind that people who are not in an automobile and are in the road are extremely vulnerable and more likely to be seriously injured than a motorist. If you take care to offer pedestrians discover, room, and time to vacate your path, you might be able to prevent striking a pedestrian.