It’s hard to imagine that someone on foot could ever be responsible for a car accident in Augusta. But, sometimes, if it weren’t for a pedestrian, you wouldn’t have gotten into an accident in the first place. The problem isn’t always proving that the pedestrian was responsible. It won’t even be that difficult to prove your damages. The problem is, you’ll have to hope that the pedestrian has assets. Otherwise, your accident claim won’t be worth more than the paper it’s printed on.
When you get into an accident with another car in Augusta, they’ll have car insurance to cover your injuries. Or, if they don’t have insurance, you can file a claim under your own uninsured motorist’s policy. But what do you do when your accident was caused by a pedestrian? Some policies may cover this kind of accident. But for the most part, you’ll have to rely on the defendant’s personal assets to get your money.
Your Augusta, GA automobile accident lawyer can investigate to see what kind of assets the defendant has. They’ll do this before they file a claim. They don’t want to waste your time. And they certainly don’t want to waste their time. If there are no assets, it may not be worth filing suit. However, if the defendant does have assets, there’s no reason not to file your lawsuit. You can get a judgment against the defendant. Then, your Augusta car accident lawyer can execute against their assets to make sure your judgment is paid. Or they can negotiate an out of court settlement with the defendant’s lawyer.
If you get into any sort of accident, whether it’s with another car or a pedestrian, contact an experienced car accident lawyer in Augusta.
When Would a Pedestrian Be Held Liable for Your Injuries?
In order to prove that the pedestrian is liable for your damages, you’ll have a big burden to overcome. Most judges and juries are going to assume that the person driving the car was liable. In order to prove that the pedestrian was responsible for your crash in Augusta, your Augusta car accident lawyer has to prove the following:
- They jumped out into traffic without warning
- They weren’t walking in a crosswalk
- They were drunk or under the influence of drugs
- They intentionally walked in front of your car
As you can imagine, these are all very unusual situations and can be very difficult to prove.
Your Car Accident Lawyer in Augusta Has to Prove Damages
Hopefully, the pedestrian didn’t cause you to suffer any serious injuries. But you never know. They could’ve caused a multi-vehicle crash. In order to have a claim for damages, you have to prove that you were actually injured. Depending on your case, you may be able to demand any or all of the following:
- Medical Bills – Obviously, if you suffer medical bills because of the crash, you can demand compensation. This includes any hospital or doctors’ bills, prescription copays and even travel to and from medical appointments.
- Lost Wages – Hopefully, you won’t miss any time from work as a result of the crash. But, if you do, you can demand compensation.
- Property Damage – If your car is wrecked, the defendant may have to pay to get it fixed or replaced.
- Pain and Suffering – Anyone involved in a car accident is likely to suffer pain and suffering. Your attorney can demand that you be paid special damages for this. You just have to prove that you did actually suffer. This can be done using your own testimony. It can also be done using affidavits from your friends and family. As long as you show that you suffered physical and mental anguish because of the crash, you can be compensated.
Contact an Experienced Personal Injury Attorney in Augusta Today
It sounds strange that a pedestrian could cause a car accident but it happens from time to time. If it happens to you, contact an experienced personal injury attorney in Augusta today. They’ll review your case and let you know if you have a chance of winning your case. They can also answer any questions you may have.
Call today and schedule your free initial consultation. They can let you know what you’re up against. They can also look at any correspondence you’ve received from the pedestrian’s lawyer. There is a chance that they’ll sue you for damages.