Key Takeaways
- Pedestrians injured by negligent drivers may recover compensation for a wide range of losses. A claim may include medical expenses, lost income, reduced earning capacity, property damage, pain and suffering, disability, scarring, and other losses caused by the collision.
- Compensation may account for emergency treatment, hospitalization, surgery, rehabilitation, medication, mobility aids, and other care you’re expected to need because of your injuries.
- You may seek compensation for work you missed during recovery as well as future. earnings lost because your injuries limit the type or amount of work you can perform.
- The at-fault driver’s liability policy is usually the primary source of recovery, but uninsured or underinsured motorist coverage may apply when the driver has no insurance, insufficient limits, or can’t be identified after a hit-and-run.
- If you’re less than 50% responsible, your compensation is reduced according to your percentage of fault. If you’re 50% or more at fault, you can’t recover damages from the other party.
- A wrongful death claim can seek the full value of the deceased person’s life, while an estate claim may include medical expenses, funeral and burial costs, and conscious pain and suffering before death.
If you’re struck by a motor vehicle while out walking, chances are that you’re going to suffer serious injuries. Unlike motor vehicle occupants, you have relatively little protection, so traumatic brain injuries, spinal cord injuries, and broken bones are all common outcomes. Fortunately, Georgia law allows injured pedestrians to seek compensation when another person’s negligence caused the collision.
The amount you may recover in a settlement or jury verdict largely depends on injury severity, the medical treatment you need, how the accident affects your ability to work and carry out daily activities, and the insurance available to pay your claim. At The Champion Firm, Personal Injury Attorneys, P.C., we’re prepared to fight for the compensation you need to rebuild your life after a pedestrian accident.
What Compensation Can a Pedestrian Hit By a Car Recover in Georgia?
When a negligent driver leaves you with high medical bills and unable to work to pay them, you may be able to seek compensation for your financial losses as well as the personal effects of the injury on your life. These damages are generally grouped into two categories: economic and non-economic.
- Economic damages can include medical bills, future treatment costs, lost wages, and reduced earning capacity.
- Non-economic damages can include pain and suffering, disability, scarring, disfigurement, and loss of enjoyment of life.
Medical Expenses After a Pedestrian Accident
Medical expenses usually make up a large share of a pedestrian accident claim, especially when the collision causes fractures, head injuries, spinal injuries, or damage to internal organs. You may seek compensation for care you’ve already received as well as treatment you’re expected to need in the future.
Current medical expenses may include:
- Ambulance transportation
- Emergency room care
- Hospital stays
- Surgery
- Diagnostic testing
- Follow-up appointments
- Prescription medication
- Physical therapy
- Occupational therapy
- Mobility aids
- In-home assistance
Future medical costs may also become part of your claim if your injuries will need ongoing care. This can include later surgeries, rehabilitation, medication, medical equipment, or long-term assistance.
Lost Wages and Reduced Earning Capacity
A pedestrian accident can keep you away from work for days, weeks, or longer. If your injuries prevent you from working, you may seek compensation for the income you lost during your recovery. Pay stubs, tax returns, employer records, and work schedules can help document those losses.
If you’re self-employed, proving lost income may require different records. Invoices, contracts, business records, prior tax returns, and records of canceled work can help show what you would have earned without the accident.
Some injuries affect your ability to earn income long after your initial recovery. If you can’t return to the same job, work the same number of hours, or earn at your previous level, your claim may include reduced earning capacity. Evaluating this loss may involve employment records, medical opinions, and testimony about how your injuries affect the work you can perform.
Property Damage After a Pedestrian Accident
A pedestrian collision can also damage personal property. If an item you were carrying, wearing, or using was damaged because of the crash, the resulting repair or replacement expense may be included in your claim.
Property damage may involve items such as:
- Cell phones
- Smartwatches
- Eyeglasses
- Laptops or tablets
- Clothing
- Bicycles
- Mobility devices
- Bags and personal belongings
The amount recoverable generally depends on the nature of the damage and the value of the property before the collision. If an item can be repaired, the claim may include the reasonable cost of restoring it. If it was destroyed or damaged beyond repair, compensation may be based on its fair market value rather than the cost of purchasing a brand-new replacement.
Pain, Suffering, and Other Non-Economic Damages
A pedestrian accident can cause losses that don’t appear on a medical bill or pay stub. In Georgia, this means that you may seek compensation for the personal impact of your injuries, including physical pain, mental suffering, disability, scarring, disfigurement, and loss of enjoyment of life.
These damages can account for negative changes in how you sleep, move, exercise, socialize, care for yourself, or participate in activities you previously enjoyed. A permanent injury may also affect your independence and ability to complete everyday tasks.
Because non-economic damages don’t have a fixed dollar amount, documentation is especially important. Medical records, photographs, testimony from family members, and your own account of how the injuries affect your daily life can help establish the extent of these losses. The severity and duration of your symptoms, the length of your recovery, and any permanent limitations can also affect the amount sought.
How Is Compensation Calculated After a Pedestrian Accident?
There’s no fixed formula for calculating compensation after a pedestrian accident. The value of a claim generally depends on the losses caused by the collision. Factors that can affect compensation include:
- The type and severity of your injuries
- The length of your medical treatment
- The need for future care
- Permanent disability or impairment
- Lost income and reduced earning capacity
- Pain and suffering
- Scarring or disfigurement
- Changes to your daily activities
- Your share of fault
- The amount of insurance available
Online settlement calculators can give a misleading impression of what a claim may be worth. They usually rely on broad formulas that can’t account for your medical history, future treatment, employment losses, or the way your injuries affect your daily life. A proper evaluation looks at the full extent of your losses rather than applying an arbitrary multiplier to your medical bills.
Who Pays Compensation When a Car Hits a Pedestrian?
The at-fault driver’s liability insurance is usually the main source of compensation after a pedestrian accident. Georgia requires drivers to carry minimum bodily injury liability coverage of $25,000 per person and $50,000 per accident. But those limits can be inadequate when a pedestrian suffers severe injuries that need hospitalization, surgery, rehabilitation, or long-term care.
Liability may also extend beyond the individual driver. For example:
- An employer may be liable when an employee causes a crash while acting within the scope of employment.
- A vehicle owner may be liable under Georgia’s family purpose doctrine when the owner made the vehicle available for family use. Georgia also recognizes negligent entrustment claims when an owner permits someone to drive despite knowing, or having reason to know, that the driver is incompetent or unfit to operate the vehicle.
- Another driver may be responsible if their conduct contributed to the collision.
Identifying every liable party is important because each may have separate insurance coverage or assets available to satisfy a claim. In cases involving serious injuries, determining all available sources of recovery can directly affect the compensation you’re able to pursue.
What If the Driver Has No Insurance or Not Enough Insurance?
A pedestrian accident claim can become more difficult when the at-fault driver has no liability insurance or has limits that are too low to pay for your losses. In that situation, uninsured or underinsured motorist insurance may provide another source of compensation.
Georgia motor vehicle insurance policies generally include uninsured motorist coverage unless the policyholder rejects it in writing. This coverage can apply when the at-fault driver has no insurance, when a hit-and-run driver can’t be identified, or when the driver’s liability limits are insufficient to compensate you for your damages.
Underinsured motorist coverage becomes particularly important in serious pedestrian injury cases. For example, if your damages total $150,000 and the driver has only $25,000 in bodily injury liability coverage, your own applicable UM coverage may provide further compensation, subject to the policy terms and limits.
Note: The amount recoverable depends in part on the type of UM coverage purchased. Georgia permits both add-on and reduced-by forms of uninsured motorist coverage. Add-on coverage can provide benefits in addition to the at-fault driver’s liability limits, while reduced-by coverage subtracts the liability insurance available from the UM limit. Reviewing every applicable policy is necessary before determining how much insurance may be available to pay your claim.
What If the Driver Leaves the Scene?
A hit-and-run accident can make things difficult, but not impossible. If the driver is later identified, you may pursue a claim against that driver and any applicable liability insurance. If the driver can’t be found, your claim may proceed against applicable uninsured motorist coverage rather than against the unidentified driver’s liability insurer.
Police reports, witness statements, surveillance video, dashcam footage, traffic-camera recordings, vehicle debris, and photographs from the scene may help investigators identify the fleeing vehicle. A partial license plate number, vehicle color, make, model, or visible damage can also be useful.
You should report the collision to law enforcement and your insurer as soon as possible. Insurance policies can contain notice provisions and other contractual requirements that affect uninsured motorist claims. Preserving available video is also important because businesses and private property owners may overwrite surveillance footage after a short period.
Can You Recover Compensation If You Were Partly at Fault?
Yes. Georgia follows a modified comparative fault rule, which means your compensation can be reduced if you share responsibility for the accident.
If you’re less than 50% at fault, your damages are reduced according to your percentage of responsibility. For example, if your damages total $100,000 and you’re found 30% at fault, your recovery would be reduced by $30,000, leaving $70,000. If you’re 50% or more at fault, you can’t recover damages from the other party.
In pedestrian accident cases, an insurer may argue that you contributed to the collision by crossing against a signal, entering the roadway unexpectedly, walking outside a crosswalk, using a phone, or failing to yield where required. Those allegations still have to be evaluated against the driver’s conduct, including speed, attentiveness, right-of-way obligations, and duty to avoid a collision.
What Evidence Can Help Establish the Value of a Pedestrian Accident Claim?
A pedestrian accident claim needs evidence of both liability and damages. Evidence showing how the collision happened can establish who was responsible, while medical, employment, and financial records can document the losses resulting from the crash.
Useful evidence may include:
- Police reports
- Photographs of the scene
- Surveillance footage
- Dashcam video
- Traffic-camera recordings
- Witness statements
- Vehicle damage
- Medical records and bills
- Employment records
- Tax returns or business records
- Photographs of visible injuries
- Records documenting rehabilitation and follow-up care
The type of evidence needed also depends on the losses being claimed. Medical records can connect treatment to the collision, wage records can document missed income, and testimony from doctors or other professionals may be needed when future treatment, disability, or reduced earning capacity is disputed.
What Happens If a Pedestrian Dies From Their Injuries?
When a pedestrian dies from injuries caused by a vehicle collision, the case may involve two separate claims: a wrongful death claim and an estate claim.
- A wrongful death claim seeks compensation for the full value of the deceased person’s life. That value can include both economic and non-economic components, such as expected lifetime earnings, the value of services the person would have provided, and the personal value of living, including relationships, activities, and other experiences lost because of the death.
- A separate estate claim may seek damages that belonged to the deceased before death or expenses charged to the estate. These can include medical expenses related to the fatal injuries, funeral and burial expenses, and conscious pain and suffering experienced between the collision and death. If the person survived for a period before dying, the estate may also pursue other losses that accrued during that time.
Questions About Compensation After a Pedestrian Accident? Call The Champion Firm
The amount of compensation you may recover after a pedestrian accident depends on the losses you experienced, the available insurance, and any share of fault assigned to you. At The Champion Firm, Personal Injury Attorneys, P.C., we’re here to fight for the outcome you need. If an insurer disputes fault or undervalues your losses, we can challenge those arguments and take the case to court when necessary. For more information or to schedule a free consultation, call 404-637-1709. Hablamos Español.
