If you have been hit by a car as a pedestrian, it is likely that you suffered significant injuries as a result. In addition to the pain that you are suffering, you may be feeling anger toward the driver who hit you. In their carelessness, they have greatly impacted your life, and you, reasonably, may want to hold them responsible.
It is important that you understand the way that the law works in regard to accidents involving cars and pedestrians so that you can maximize the compensation that you are able to attain. In order to be successful in making a personal injury claim, you should be able to show how the driver's negligence or recklessness led to your physical injury and suffering in the aftermath.
How can I show that the driver who injured me was negligent?
If you, as a pedestrian, were irresponsible in your actions, for example, if you ran out in front of a car when they could not realistically avoid injuring you, you will likely not be able to show that the driver was acting negligently. This is because, in this situation, the driver would not have breached any duty, because they were behaving as safely and responsibly as they possibly could.
However, if the driver of the car was not slowing down at a crossing, or if they were looking at their phone when you were crossing the road, they were clearly breaching the duty they have to drive safely on the roads. If you can show that their breach of duty directly led to your injury, and that if there was no breach of duty you would not have been injured, it is likely that you will be successful in making a personal injury claim.
What type of behavior counts as a breach of duty?
If the driver failed to signal when turning, if they were failing to yield or if they were distracted while driving, they will be breaching their duty of care.
If you have been hit by a car in Georgia, it is important that you do not delay in taking advantage of the laws that are on your side. By taking action you should be able to gain the compensation that you deserve.