A car accident is a traumatic experience no matter how it happens, but it’s especially traumatic when you’re on foot and a vehicle comes crashing into you. Luckily, in Georgia, pedestrians using the crosswalk have legal rights and protections. If a driver hit you in a crosswalk, it’s essential to understand your rights and what to do once the dust has settled.
What to Do After a Pedestrian Accident in a Crosswalk
After a pedestrian accident, it’s natural to feel very shaken up. It can be hard to think clearly and figure out what to do. So you can be prepared, these are the steps you should take:
Seek Medical Attention
Your number one priority should be your physical safety. First, move out of traffic if possible. Once you’ve moved to a safe location, seek medical attention immediately. Even if you think your injuries aren’t that bad, getting cleared by a doctor is essential. Not only do you want to document medical evidence so you can pursue a claim, but remember that some symptoms of serious injuries can go undetected when you’re feeling an adrenaline rush.
Call 911
With an evidence trail in mind, you should call 911 immediately. Law enforcement will come to the scene and write up a report, which will serve as evidence later on if you make a claim.
Collect Evidence
If you cannot collect evidence on your own, you may rely on the police report. However, if you’re physically able to do so, it’s a good idea to document a few things. Grab the driver’s information, vehicle make, model, and license plate number, and take pictures of the scene and your injuries. If there are witnesses, try to get their information as well.
Avoid Discussing Fault
The driver might approach you and apologize, yell at you, or insist something happened that makes them less at fault. You might feel too overwhelmed and delirious to argue, so you agree with them and apologize immediately, if only to be polite. In this case, it’s better to stay quiet and let them do all the talking. Anything you say could be used against you when you file a claim.
Consult a Personal Injury Attorney
Pedestrians have rights, but insurance companies and at-fault drivers will do everything they can to minimize your claim or deny it outright. A personal injury attorney won’t back down in the fight for your compensation.
It might be hard to remember this list in the heat of the moment. If you can only remember a couple of things, remember to call 911 and find an attorney. Your lawyer will help fill in as many gaps as possible.
Who Has the Right of Way in a Crosswalk?
According to Georgia law, drivers must stop and remain stopped to give pedestrians time to cross the road if they are in a crosswalk. It’s crucial for drivers and pedestrians to know that this includes marked and unmarked crosswalks. Drivers are legally obligated to stop for pedestrians with the right of way. If you were injured because a driver failed to yield, you have legal avenues to help cover the expenses that come with those injuries.
What Compensation Can Injured Pedestrians Seek?
After you’ve suffered in a pedestrian accident, you may be entitled to several kinds of compensation through a crosswalk accident claim, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Punitive damages
You may be eligible for one, a combination, or all types of compensation. The amount you qualify for can also vary. Both of these factors are dependent on the details of your case. A personal injury lawyer can help you determine what your case is worth.
Understanding Pedestrian Traffic Laws
In Georgia, a pedestrian does have a few responsibilities:
- Obey traffic signals
- Use crosswalks
- Yield outside of crosswalks
It’s important to note the difference between jaywalking vs. crossing at a crosswalk. If you are not using a crosswalk, this is called jaywalking. In this case, it is the pedestrian’s responsibility to yield to the driver. Even if you are hit while jaywalking, the fault may still lie with the driver. Keeping to the crosswalks, however, helps protect your rights and makes it easier to prove negligence.
Contact a Personal Injury Lawyer
If a driver hit you while you were crossing a crosswalk on foot, you are likely suffering significant physical, emotional, and financial hardships. Taking the appropriate steps after a pedestrian accident is essential in protecting your legal rights. If you do find yourself in this situation, contact Chris Hudson Law Group today at (706) 863-6600. Let our experienced pedestrian accident attorneys fight for the justice and compensation you deserve.