If you were hit by a car while crossing a street, but you weren’t at a crosswalk, you may still file a personal injury claim. However, the results of the case will depend on the state in which you live and who was at fault. If you want to file a personal injury claim, hiring a personal injury attorney to examine your case is advised because laws vary by state.
For example, Virginia and Maryland follow pure contributory negligence laws, meaning if the pedestrian was any way at fault for the accident, he or she cannot recover any compensation. Other states, including Georgia, follow a comparative fault rule, meaning that even if the pedestrian was partially at fault, he or she can recover some damages based on their percentage of fault.
Fault is determined by negligence. Those acting below reasonable standards of care are considered negligent. For example, a pedestrian crossing a street in front of a vehicle going 60 mph on a freeway is negligent. However, if that same driver is going that fast in a parking lot and not looking for pedestrians, then he or she may be considered the negligent party.
After the accident, a police officer will complete an accident report and interview the parties involved, as well as any witnesses. Insurance companies may also review the accident scene to determine which party was at fault.
If you need help with a personal injury claim and live in the Atlanta area, contact personal injury attorney Sheryl Burke of S. Burke Law. Sheryl and her staff will treat you like family and give your case the attention it deserves. Contact her today at 1-404-467-0909.