News & Insights
MIND THE CROSSWALKS: PEDESTRIAN ACCIDENTS
On June 23, a pedestrian was struck and killed on the Downtown Connector on I-75/85 southbound near Arthur B. Langford Jr. Parkway. It appears the victim was hit by multiple vehicles, all of which fled the scene.
It is unclear why the victim was crossing the highway. In fact, improper crossing is listed as the most common type of pedestrian behavior in a crash, according to the National Highway Traffic Safety Administration (NHTSA). Key traits of pedestrians that die from vehicle crashes are that they tend to be older (56% of pedestrians killed from vehicle crashes are 41+, even though this age group only comprises 42% of the general population), and four out of 10 pedestrians killed have some level of alcohol in their system.
Liability claims to compensate pedestrian victims
Pedestrian accidents are not only painful ― they also frequently result in serious and expensive injuries. In cases where the at-fault driver remains on the scene and has liability insurance, a pedestrian victim can locate and pursue the at-fault driver (and their insurance) for compensation.
However, in hit-and-run cases, it is often difficult to identify and locate a party to sue for compensation. Thankfully, even without locating the at-fault driver, pedestrian accident victims might still have options for recovering compensation. It is not always possible to avoid injury, but beefing up your uninsured motorist coverage before an accident might improve your ability to recover compensation if you are hurt.
Uninsured motorist coverage: an extra layer of protection
In Georgia, pedestrians may collect from their uninsured motorist coverage even if they were not in a car at the time of an accident — they are simply treated as if they were a passenger in a car. Uninsured motorist coverage also kicks in if you are hit by a driver who is underinsured or has no car insurance at all.
In 2008, Georgia revised its uninsured motorist coverage laws to offer more consumer choice and provide for higher coverage limits. Per the new law, you have the option to buy two different kinds of uninsured motorist coverage: “traditional” coverage of $50,000 at a low premium, or the “new” uninsured motorist coverage of $100,000 with a higher premium. Under the new law, you don’t have to take out uninsured motorist coverage, but we strongly recommend doing so.
File an uninsured motorist claim with your insurance company
While insurance companies are obligated to fairly value your claim, the goal of every insurance company is to pay out as little as possible — this is even more reason for you to hire a good personal injury attorney that can fight for the compensation you deserve.
If you or a loved one has been the victim of a pedestrian accident, you need a lawyer who is caring, aggressive, and experienced. To discuss your case and determine the best course of action, call us today at (877) 851-4261.
By J. Michael McGarity | Published August 26, 2013 | Posted in Personal Injury
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McGarity & Efstration, LLC is located in Buford, Georgia and serves clients in and around Metro Atlanta and throughout the State of Georgia.
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Buford, Georgia 30519