Auburn Accident Attorney Shane Smith I Commonly Asked Questions Answered
Every year, countless pedestrians in Georgia cross intersections, walk on the sidewalk and walk on the side of the road as a last resort with no injuries and no deaths. However, due to drivers who negligently or recklessly breach their duty of care to pedestrians in Gwinnett County and elsewhere in Georgia, there are many pedestrian injuries and deaths.
In 2009, according to the National Highway Traffic Safety Administration, of all traffic related fatalities, 4,092 pedestrians were killed. Nearly half of these deaths (48%) occurred between Friday and Sunday and 7 out of 10 deaths occurred between 4 pm and 4 am.
How is fault determined in a pedestrian accident?
Fault is normally determined by the police and/or emergency responder’s report. Sincere there are so many variables and when a pedestrian becomes injured and certainly when a pedestrian is killed, neutral third-party law enforcement and medical professionals reports, along with witnesses, traffic cameras and other sources of evidence will be used to be determine what happened to figure out which party or parties are at fault.
How does fault determine chances of a recovery?
Georgia law correlates fault with the chances and amount of recovery. If a pedestrian is found to be at least 50% or more at fault, the pedestrian cannot recover any monetary damages. However, if the injured pedestrian is found to be at fault less than 50% whatever recovery is determined through a civil trial, the total award will be reduced by that amount of fault. The award is reduced by the percentage of fault because contributory negligence mandates this in Georgia law.
Will my auto insurance cover my injuries as a pedestrian?
Some auto insurance policies offer and cover damages suffered from a Georgia pedestrian accident. Uninsured motorist coverage may provide injured pedestrians with compensation if a driver does not have any or enough liability coverage to pay for the medical and associated damages suffered by the pedestrians. However, a complete and thorough investigation into both the at-fault party and the pedestrian to determine what the damages are and if coverage exists and what the levels might be.
While these are some common questions that victims and their family members might ask, speaking with a Auburn accident attorney will help you understand how the law works for your particular circumstances. The Law Offices of Shane Smith offers free legal consultations to let you speak with a Gwinnett County PI attorney to see what your legal rights are. Call our law firm at (888) 927-6955 today!