There’s something calming about just taking a walk down the street and enjoying the beautiful Georgia weather. Not only is walking good for your mental and physical well-being, but it also benefits the environment. However, a disturbing trend in Georgia right now may make many pedestrians reconsider walking from one destination to the next.
Over the past five years, Georgia has seen a 60 percent increase in pedestrian traffic fatalities. The increase in pedestrian deaths is nothing short of shocking. In one year alone, 261 pedestrian fatalities took place in Georgia.
As a pedestrian, you have rights. When a motor vehicle accident causes pedestrian injuries, they have a right to seek financial compensation from responsible parties.
A Closer Look at the Facts: Why Do Pedestrian Accidents Happen?
To reduce the number of pedestrian accidents, we first must understand why pedestrian accidents happen and why they are becoming more common.
Some of the most common factors leading to pedestrian accidents include:
- Distracted driving: One factor related to the increases in pedestrian deaths, not only in Georgia, but nationwide, is distracted driving. Distracted driving is a leading cause of motor vehicle accidents. Driver distractions refer to anything that takes a driver’s eyes off the road, hands off the wheel, or minds off driving. Cell phone use while driving has become so common that it has developed into a habit for many drivers. Other common distractions include adjusting vehicle controls and eating or drinking while driving.
- Drunk driving: According to the CDC, 48 percent of pedestrian accidents involve drivers who are under the influence of alcohol or other substances. When a person drives while under the influence, their ability to detect potential hazards and safely avoid them declines. Consuming alcohol decreases a driver’s awareness and reaction time. To avoid pedestrian accidents caused by drunk drivers, all pedestrians should be aware of any closeby drivers behaving erratically. Pedestrians should be especially careful when walking along the road at nighttime, when visibility is low and drivers are more likely to have a drink and drive.
- Poor visibility: Poor lighting and inclement weather conditions can make it particularly difficult for drivers to see pedestrians. According to the National Highway Traffic Safety Administration, approximately 50 percent of all pedestrian fatalities happen between 6 p.m. and midnight. On the weekends, the period of increased danger extends, and pedestrians are at high risk of an accident until 3 a.m.
What to Do After a Pedestrian Accident?
Like all other motor vehicle accidents, pedestrian accidents are almost always unexpected. Consequently, pedestrians and drivers alike do not prepare plans for what to do after an accident occurs. Nonetheless, the steps you take following an accident are critically important.
Despite the type of accident, an injured victim’s first priority should always be their health and safety. How you proceed after an accident may largely be determined by the severity of the injuries you sustain. However, even if you feel you have only sustained minor injuries, you should always seek an evaluation by a medical professional.
Four important steps to take after a pedestrian accident include:
- Pay attention to your body. If you don’t feel like you should be moving around, you should remain still. Your body will often inform you of the level of mobility you are capable of. If you are in pain, be careful about putting any weight on your injuries. Any movement may compromise your recovery or cause further injury.
- Talk to witnesses. After a motor vehicle accident, those involved are commonly advised to gather evidence from the scene of the accident. Oftentimes, gathering evidence may not be practical or necessary in a pedestrian accident. If bystanders witnessed the accident, you may ask them to stay at the scene until law enforcement arrives. If they are unable to stick around, be sure to collect their contact information.
- Go to the doctor. As mentioned, ensuring your health and wellbeing are preserved is the most important thing victims must do following an accident. A 4,000 pound vehicle colliding with an unprotected pedestrian can cause significant trauma. You should never skip a professional medical evaluation after being hit by a car.
- Contact a personal injury attorney. In the aftermath of a traumatic accident, it can be difficult to understand how you can obtain the care that you need. Experienced personal injury attorneys regularly help injured victims navigate the legal process to ensure they get the medical care they need.
Know your rights
When we think about accidents, we typically think of a collision involving one or more motor vehicles. Many people are unaware that they have legal rights when they are injured in an accident caused by another’s reckless or negligent behavior.
Victims of pedestrian accidents have access to many of the same resources as victims of motor vehicle collisions. Pedestrians who are injured by a motor vehicle may have the right to file a claim with the driver’s insurance company. In addition, they may also be entitled to bring a personal injury claim against those responsible for their injuries.
Financial resources that may be available to injured victims include:
- Personal injury protection: Personal injury protection (PIP) insurance covers medical bills and lost wages after an accident, regardless of who is at fault. While Georgia does not require residents to hold PIP coverage, many drivers elect to do so. In the event of an accident, if you have PIP insurance, you will first utilize your own policy to cover medical expenses.
- Personal injury suit: After a pedestrian accident, when insurance coverage is insufficient, parties may then file a personal injury lawsuit. Georgia law allows injured victims to recover additional compensation from the at-fault parties’ insurance provider. Many personal injury claims are resolved through settlement negotiations with the insurance company. The amount of compensation injured victims are entitled to recover may depend on the limits provided by the other driver’s insurance policy. However, when policy coverage is insufficient to compensate injured victims’ medical expenses, they may have to fight for compensation in court, if appropriate.
- Uninsured or underinsured motorist insurance: At times, the liable driver may not have insurance or sufficient coverage to pay for your injuries. In this case, injured victims may be able to file a claim against their insurance provider for uninsured/underinsured motorist benefits. However, policyholders can only access these funds if no other coverage is available. A personal injury attorney can help you determine whether you are entitled to these benefits.
Your Rights Matter—a Pedestrian Accident Lawyer Can Help Enforce Them
Pedestrian accidents can be extremely frightening. Victims should be aware that they have legal rights. Pursuing your legal rights is not a process you have to navigate alone. Experienced personal injury attorneys regularly fight for the rights of injured victims to seek the compensation they are entitled to.
If you were recently involved in a pedestrian accident and have questions contact a pedestrian injury attorney today.
