At Princenthal, May & Wilson, LLC, we understand that being involved in a pedestrian accident can be overwhelming. If you were hit by a car, you might feel confused and uncertain about what to do next, especially if you were jaywalking when the accident happened. Our team is here to provide the guidance and support you need during this difficult time. We know how stressful it can be to navigate legal questions while you recover, and we want you to know that pursuing a claim may still be possible even if you were not in a crosswalk when the accident occurred.
Understanding Pedestrian Accidents in Georgia
Pedestrian accidents are unfortunately common across Georgia, particularly in areas with heavy traffic and busy roadways. Drivers are legally required to stay alert and avoid hitting pedestrians, regardless of where they are walking. However, when a pedestrian is struck outside a designated crosswalk, the question of fault becomes more complex.
Georgia operates under a system known as comparative negligence. This means that fault for an accident can be shared between the parties involved. Even if a pedestrian is partially responsible for the accident, such as by jaywalking, they may still be able to pursue a claim for compensation. The key lies in understanding how responsibility is divided and how this impacts the outcome of a legal case.
What Is Jaywalking and How Does It Affect a Claim?
Jaywalking happens when a pedestrian crosses the road in an area not marked as a crosswalk or ignores traffic signals. While this is generally against the law, it does not automatically mean a pedestrian has no legal rights if they are hit by a vehicle. Georgia’s comparative negligence law plays an important role in determining what happens next.
Under this system, the amount of compensation a pedestrian can receive is based on the percentage of fault assigned to them. For example, if a pedestrian is found to be 20 percent at fault for an accident and the driver 80 percent, the pedestrian’s compensation would be reduced by their share of fault. This means the pedestrian can still recover 80 percent of the damages they are entitled to, such as medical bills, lost wages, and pain and suffering. However, if the pedestrian is found to be more than 50 percent responsible, they may not be able to recover any damages.
Attorney At Law Attorney At Law Attorney At Law
Adam Princenthal
David May
Matthew Wilson
How Fault Is Determined in Pedestrian Accident Cases
When a jaywalking pedestrian is injured in an accident, proving fault is a critical step in the legal process. Several factors are considered when assigning fault in these cases. Drivers are expected to maintain a duty of care, meaning they must drive responsibly and avoid putting others at risk. This includes slowing down in areas where pedestrians are likely to be present, such as near schools, parks, and residential neighborhoods.
The behavior of the pedestrian is also examined. If they were crossing in a way that made it impossible for the driver to stop in time, this could impact their share of fault. However, the driver’s actions leading up to the accident are equally important. Speeding, distracted driving, or failing to yield could all shift more of the responsibility onto the driver.
After a car accident, I contacted David May at the Lagrange office. He, and his staff, helped me with medical advice and follow up doctors visits, along with dealing with my insurance and the insurance of the woman that hit me. I have been very pleased with the service I received from David May and the Lagrange staff. They are warm and open, always there to help with advice and answer questions.” - Debau I highly recommend Adam Princenthal .I was looking for someone with years of experience in personal injury.They needed to be knowledgeable, transparent and honest.I wanted to know I was dealing directly with the lawyer I hired.Adam Princenthal could answer all the difficult questions and phone calls were returned.Adam got the settlement I was looking for in a timely manner." - Nancy K. I am glad that I was referred to Princenthal & May. Matthew met with me and gained my trust with the case. I was never left in the dark on any matters, My phone calls were either answered or returned quickly. The office staff are very friendly as well. My case was settled, with both Matthew and Adam present. Both are very professional in their work.. They work for you !!!" - Jacque Minor
What Evidence Can Support Your Case?
Gathering evidence is an essential part of building a successful pedestrian accident claim. Even if you were jaywalking, certain types of evidence can demonstrate that the driver’s negligence contributed to the accident. This may include eyewitness statements, traffic camera footage, or skid marks that show the driver did not attempt to stop.
Medical records are also important, as they provide documentation of your injuries and the treatment you required. Photos of the accident scene, the vehicle involved, and your injuries can help create a clear picture of what happened. Police reports often include valuable details about the circumstances of the accident, such as the location, weather conditions, and whether any traffic laws were violated by either party.
Why Having an Attorney Is Important
When you are recovering from a pedestrian accident, trying to handle legal matters on your own can feel overwhelming. Working with an attorney can make a significant difference in how your case is handled. At Princenthal, May & Wilson, LLC, we are committed to helping our clients navigate the legal process and work toward a successful outcome.
An attorney can help gather evidence, communicate with insurance companies, and ensure your rights are protected throughout the case. They can also help determine whether the driver’s negligence outweighs any actions that may be attributed to jaywalking. In many cases, drivers bear a higher level of responsibility, even when the pedestrian is not in a crosswalk.
Compensation You May Be Entitled To
If you pursue a claim after a pedestrian accident, the compensation you may receive depends on the specifics of your case. Damages often include medical expenses, such as emergency care, surgeries, or physical therapy. Lost wages from time missed at work and reduced earning capacity can also be considered.
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In addition to financial losses, you may be eligible for compensation for non-economic damages, such as pain and suffering, emotional distress, and the impact the accident has had on your quality of life. Even if you were jaywalking, proving that the driver’s negligence played a significant role in the accident can help you recover these damages.
Steps to Take After a Pedestrian Accident
If you have been involved in a pedestrian accident, there are steps you can take to protect your rights and strengthen your case. Seeking medical attention should always be your first priority, even if your injuries seem minor at first. Some injuries may not become apparent until hours or days after the accident, and having medical documentation is important for any claim you pursue.
Reporting the accident to law enforcement ensures that there is an official record of what happened. Collecting information from the driver, as well as any witnesses, can also be helpful. If possible, take photos of the accident scene and your injuries. These details can be valuable when building your case.
Representative Cases
Contacting an attorney as soon as possible can help ensure your rights are protected from the start. Pedestrian accident cases can be complex, especially when questions about jaywalking arise. An attorney can guide you through the process, help you avoid common mistakes, and advocate for your best interests.
At Princenthal, May & Wilson, LLC, we understand how devastating a pedestrian accident can be. We know you may feel unsure about your next steps, especially if jaywalking played a role in your case. Our team is here to listen to your concerns and provide clear, compassionate guidance every step of the way.
Our goal is to help you pursue the compensation you deserve while allowing you to focus on your recovery. We have extensive experience handling pedestrian accident claims and are prepared to build a strong case on your behalf. Whether you were crossing at a crosswalk or not, we are committed to helping you seek justice and move forward after your accident.
If you have been involved in a pedestrian accident in Georgia and have questions about your rights, we are here to help. Contact us today to learn more about how we can assist you with your claim.