Partial Fault Pedestrian Accident

Answer:

An issue that regularly surfaces in pedestrian on motor vehicle impact claims is whether the pedestrian can be partially at fault for the claim. The answer to this is yes. What’s more, this is often a tactic that the defense takes in trying to defend these cases and insurance companies rely on to try to minimize the damages. While the laws of the state of Georgia with regard to pedestrians are strong, pedestrians do have obligations on their own. If they violate those obligations and an injury occurs in the process, they may be partially responsible for those injuries, which reduces or totally defeats their claim.

A pedestrian has an obligation to walk in certain areas, to walk in certain directions, and to do things such as obey crosswalks and walking signs when entering intersections. If they are in the wrong— say, in terms of entering an intersection at the wrong time— and a motor vehicle impacts them, that may greatly minimize the potential they have for pursuing a personal injury claim. It’s important to investigate these cases thoroughly from the beginning to make sure that all of the evidence is available and that the claim can be presented in the best possible way to defeat any issue that a defense attorney may raise against the actual pedestrian. If you’ve been injured as a pedestrian when struck by a motor vehicle and need help navigating the claim, please give us a call as early as possible in the process so we can help with identifying witnesses, potentially recovering video evidence of the incident, and making sure that the case is preserved so it can be presented in the best way possible.