Georgia Pedestrian Death Rate Higher Than National Average

The National Highway Traffic Safety Administration released statistics early this week that included some surprising and unnerving news. The new statistics show that while Georgia’s roadways became safer during the past 10 years for drivers, they are still deadly for pedestrians. In fact, the number of pedestrian deaths in car accidents in Georgia is higher than the national average— 25 percent higher than the national average!

While this is a disturbing statistic, as an auto accident lawyer I immediately think about the legal implications of this change. How is the law going about determining the party at fault? How will that decision correspond to insurance claims and lawsuits?

When a driver hits a pedestrian, it doesn’t automatically put the driver at fault. This needs to be determined by a police investigation and report. Either party can be found negligent, or “at fault.” There can also be a “no-fault” conclusion, and under some circumstances, they can both be found at fault. For example, if the pedestrian was crossing the street illegally and the driver exceeded the speed limit, law enforcement could find them both at fault.

Then you have to consider insurance claims. Are pedestrians covered under your insurance claim should you be held at fault? Will your insurance pay out a claim based on a police report or send an insurance adjuster to determine party at fault on their own terms? If a pedestrian is seriously injured, who’s responsibility is it to pay for medical expenses? Are those expenses covered by your car insurance or their own medical insurance? What if they are uninsured?

When you’re in a car and you get into an accident with another car, these questions easier to answer. Granted there are plenty of confusing hoops to go through to finalize a claim, but vehicle insurance companies are in place specifically to deal with accidents of this nature. Not all plans include clear stipulations for pedestrian accidents. If you’ve been hit as a pedestrian or if you’ve been behind the wheel, you’re going to need a lawyer’s support simply to work with insurance companies. The insurance company is going to have their own lawyers poring over the law to find a way to get out of paying a claim. You should have someone on your end doing the same.