Vehicle accidents are not uncommon in Georgia, and they take many forms. In most cases, accidents that occur involve one or more vehicles. However, there are times when pedestrians are struck by vehicles, and these incidents can be scary for everybody involved. If you strike a pedestrian with your vehicle, you need to know what to do in the immediate aftermath of the incident as well as in the days following the pedestrian crash.
Steps to Take After the Accident
In the immediate aftermath of striking a pedestrian with your vehicle, there are several steps you can take to ensure the best possible outcome.
- Call for help. Immediately dial 911 and let the dispatcher know that an accident has occurred and that EMS and police need to get there. Do not move an injured pedestrian if they are unconscious or seriously injured. This could cause even more damage. If you are injured, or suspect you may be injured, you need to seek medical assistance as well.
- Gather evidence. It is important that you gather as much evidence as possible while you are at the scene of the incident. This includes getting the names and contact information of any eyewitnesses to the incident. Use your smartphone to take photographs of everything at the scene, including weather and roadway conditions, damages to the vehicle, debris on the roadway, any obstructions in the area, and more. Be sure to get the name and badge numbers of any police officers at the scene.
- Contact your insurance carrier. It is important to contact your insurance carrier as soon as possible after an incident happens. Most insurance policies require reporting incidents within a specific amount of time after they occur. When you make your initial report, you do not have to go into detail about the incident. Simply tell the insurance carrier that an accident occurred, as well as when and where it happened. Do not accept any fault when you call your insurance carrier.
- Contact an attorney. You should seek a free consultation from a Peachtree City car accident lawyer about your case. You need to ensure that your rights are upheld.
Who is at Fault?
One of the biggest questions after a pedestrian accident is: Who was at fault? In general, fault will be determined based on the laws of negligence. In its simplest terms, this will mean that the party who failed to exercise reasonable care under the circumstances may be considered “negligent,” and therefore at fault for the incident.
However, it could be the case that both the pedestrian and the driver contributed to the incident, which can lead to problems when it comes to compensation.
Fault laws in Georgia
Georgia operates under certain types of comparative negligence laws. In the cases of a pedestrian versus vehicle accident, both parties may contribute partially to the incident. Under Georgia’s comparative negligence laws, an injured party may only seek compensation for their injuries if they are less than 50% at fault for the incident. This can have major implications in a pedestrian versus vehicle accident. In cases where the pedestrian was more than half at fault for causing the accident, they will not be able to recover any compensation from the driver who struck them. You can read more about fault laws in Georgia within our fault guide here.
If you need help after a pedestrian versus vehicle crash, contact Kam, Ebersbach & Lewis, P.C. today. We will thoroughly investigate what happened in the incident and work to ensure that your rights are upheld. You can contact us online for a free consultation or by calling 770-251-7100.