- Proving a driver acted negligently involves showing they failed to exercise reasonable care, such as speeding or ignoring local traffic regulations.
- Corroborating evidence like witness statements, police reports, and traffic footage strengthens pedestrian injury claims.
- Pedestrians can claim money damages for medical bills, lost wages, and emotional distress if negligence caused their injuries.
- Georgia's comparative negligence laws may reduce compensation if the pedestrian shares fault but still allows recovery if they're less than 50% responsible.
Being hit by a car as a pedestrian can leave you with physical, emotional, and financial challenges. In such cases, holding the driver accountable is crucial to securing the compensation you need. If the driver acted negligently, you may be entitled to money damages to cover medical expenses, lost wages, and emotional suffering. Here's what you need to know about building a strong case against a negligent driver.
Proving Negligence: Did the Driver Act Carelessly?
To hold a driver accountable after a pedestrian accident, you must demonstrate that they acted negligently, meaning the driver failed to meet the standard of care required on the road. Negligence can take many forms, including speeding, distracted driving (such as texting behind the wheel), ignoring local traffic regulations, or failing to stop at a crosswalk where pedestrians have the right of way.
In Georgia, both drivers and pedestrians have legal responsibilities. Drivers are expected to yield to pedestrians in marked crosswalks and adhere to speed limits, traffic signals, and pedestrian safety laws. On the other hand, pedestrians are required to follow crossing signals and avoid stepping suddenly into traffic. If a driver's failure to meet these duties directly leads to injury, you may have grounds to file a personal injury claim based on negligence.
A key component in proving negligence is establishing the elements of duty, breach, causation, and damages:
- Duty of Care: All drivers owe a duty of care to pedestrians, meaning they must act reasonably to avoid causing harm.
- Breach of Duty: A breach occurs if the driver's behavior deviated from what a reasonable person would do—such as running a red light or ignoring a stop sign.
- Causation: You must show that the driver's negligent actions were the direct cause of your injuries.
- Damages: Finally, you must prove that you suffered actual harm—whether physical injuries, lost income, or emotional trauma—due to the accident.
In some cases, drivers may argue that the pedestrian was partially responsible for the accident. Under Georgia's comparative negligence system, the pedestrian's compensation can be reduced by their percentage of fault. For example, if a pedestrian was crossing outside of a designated crosswalk, the court might assign partial blame to them, potentially limiting their recovery. However, as long as the pedestrian is less than 50% at fault, they can still pursue money damages.
An experienced attorney can help gather corroborating evidence to demonstrate the driver's negligence—such as witness statements, police reports, or traffic camera footage—and protect your rights throughout the legal process.
The Importance of Corroborating Evidence
When pursuing a claim, corroborating evidence can significantly strengthen your case. This may include photos of the accident scene, witness statements, traffic camera footage, and police reports. Medical records documenting your injuries and statements from doctors about the severity and expected recovery time will also support your claim. An attorney can gather and present this evidence to demonstrate the driver's fault clearly.
If you can establish that the driver acted negligently, you may be eligible for money damages. These damages typically fall into two categories:
- Economic damages: Cover tangible losses like medical bills, rehabilitation costs, lost wages, and future earning potential.
- Non-economic damages: Compensate for pain, suffering, emotional distress, and loss of enjoyment of life.
In some cases, punitive damages may also be awarded if the driver's behavior was especially reckless, such as driving under the influence.
How Local Traffic Regulations Impact Your Case
Local traffic regulations play a critical role in determining fault. If the driver violated Georgia's traffic laws—such as failing to yield to pedestrians in a crosswalk or running a red light—they may be presumed negligent. However, if you crossed outside a marked crosswalk or ignored pedestrian signals, you could share fault under Georgia's comparative negligence laws. This system can reduce your compensation if you are found partially responsible, so it's essential to have legal representation to navigate these complexities.
Holding a driver accountable after a pedestrian accident requires thorough documentation, legal expertise, and strategic negotiations. If you've been injured, Lowe Law is here to help you collect the corroborating evidence you need, interpret local traffic regulations, and pursue the money damages you deserve. Contact our experienced attorneys today for a free consultation and ensure your rights are protected from start to finish.
