Pedestrian Accidents in Savannah, Georgia: Legal Insights, Statistics, and Notable Cases

Pedestrian accidents are a big deal in Savannah, Georgia because they can be very serious or deadly. As the most vulnerable road users, pedestrians are at high risk from cars, especially in high traffic areas. Knowing the legal landscape for pedestrian accidents, stats and cases is key for victims seeking justice and compensation.

Personal Injury Laws for Savannah, Georgia Pedestrian Accidents

Pedestrian accidents in Savannah are governed by state and local laws that protect people crossing streets and sidewalks from harm. These laws cover driver responsibilities and pedestrian rights.

Legal Stuff

Georgia’s laws give pedestrians specific rights and set standards for drivers to follow for road safety.

Georgia’s Pedestrian Laws

Under Georgia law, drivers must exercise ordinary care when approaching crosswalks and yield the right of way to pedestrians (O.C.G.A. § 40-6-91). Failing to do so can be very serious. Specifically, drivers must:

• Stop for pedestrians in marked crosswalks.
• Yield to pedestrians in unmarked crosswalks at intersections.
• Be careful when turning, pedestrians in adjacent crosswalks have the right of way.

Pedestrians have responsibilities too. Pedestrians must follow traffic signals, use designated crosswalks and not cross streets where prohibited. If a pedestrian is found crossing against traffic rules (e.g. jaywalking) they may be considered partially at fault for the accident.

Negligence

In personal injury cases, negligence is key. To prove negligence in a pedestrian accident you must show:

• The driver owed the pedestrian a duty of care.
• The driver breached that duty by not acting responsibly (e.g. distracted driving, speeding or failing to yield).
• The breach caused the pedestrian’s injury.
• The pedestrian suffered damages (physical, financial or emotional).

Pedestrians can be negligent too. For example, if a pedestrian crosses outside of a marked crosswalk or ignores traffic signals they may be considered partially at fault for the accident.

Comparative Fault

Georgia is a modified comparative fault state, meaning if a pedestrian is partially at fault for the accident their compensation will be reduced by their percentage of fault. But if a pedestrian is more than 50% at fault they may be barred from recovering any damages (O.C.G.A. § 51-12-33). So it’s important to establish clear liability and minimize the pedestrian’s role in the accident in personal injury cases.

Types of Cases

Victims of pedestrian accidents in Savannah can file different types of cases depending on the circumstances of the accident.

Personal Injury Cases

Pedestrians injured in an accident can file personal injury cases to get compensation for their medical bills, rehabilitation, pain and suffering and lost wages. Injuries in these cases are often very serious and can include broken bones, traumatic brain injuries and spinal cord injuries so compensation is key to long term recovery.

Wrongful Death Cases

If a pedestrian accident results in the death of the victim, the victim’s family can file a wrongful death case. This type of case seeks compensation for the victim’s funeral expenses, loss of financial support, loss of companionship and emotional pain and suffering. Wrongful death cases are especially tough for families because they have to deal with both the financial and emotional impact of the loss.

Property Damage Cases

If a pedestrian’s personal property is damaged in the accident (e.g. smartphone, glasses or other personal items) the victim may also seek compensation for the cost to repair or replace those items. This is usually filed with the personal injury case.

Filing a Claim

To get compensation for injuries in a pedestrian accident the victim or their family must follow a specific legal process.

Statute of Limitations

In Georgia the statute of limitations for a personal injury case related to a pedestrian accident is two years from the date of the accident (O.C.G.A. § 9-3-33). This also applies to wrongful death cases which must be filed within two years of the victim’s death. If you don’t file within this time frame you may lose your right to compensation.

Evidence Needed

To win a personal injury or wrongful death case the victim must gather and present evidence that proves the driver was liable. Key types of evidence include:

• Police Reports: Official reports from the accident will have a detailed account of what happened, including witness statements, fault determination and any citations issued to the driver.
• Medical Records: Documentation of the victim’s injuries, treatment and long term prognosis is crucial to prove the extent of damages.
• Witness Statements: Statements from witnesses who saw the accident can support the claim and confirm the driver’s actions or negligence.
• Surveillance Footage: Footage from nearby security cameras or dashcams can be objective evidence of the accident and show if the driver or pedestrian followed traffic laws.

Insurance

Victims of pedestrian accidents usually seek compensation from the driver’s liability insurance which covers damages from an accident.

Driver’s Liability Insurance

In Georgia all drivers are required to carry liability insurance which covers personal injury and property damage caused by their negligence. Pedestrian accident victims will need to negotiate with the driver’s insurance company to get fair compensation. Insurance adjusters will try to low ball the payout so legal representation is key.

Uninsured/Underinsured Motorist Coverage

If the at-fault driver is uninsured or underinsured the victim may be able to get compensation through their own uninsured/underinsured motorist coverage if they have that coverage as part of their auto insurance policy. This provides an extra layer of protection for the victim if the driver doesn’t have enough coverage.

Legal Help

Pursuing a pedestrian accident claim requires knowledge of personal injury law. Hiring an experienced attorney will increase the chances of getting fair compensation for the victim.

Experienced Attorneys

Personal injury attorneys who handle pedestrian accidents provide:

• Gathering and preserving evidence.
• Negotiating with insurance companies to get the most compensation.
• Representing the victim in court if needed.

By working with an experienced attorney the victim will have their case handled professionally and their rights protected throughout the process.

Pedestrian Accidents in Savannah, Georgia (2023)

Pedestrian accidents are a ongoing problem in Savannah with many each year. Looking at recent statistics will give you a better understanding of the risks pedestrians face in the area.

Incidents

In 2023 Savannah had 45 pedestrian accidents. That’s a big problem for pedestrian safety. Not every accident was severe injury or death but the potential for harm in these accidents is much higher than other types of crashes because pedestrians are so vulnerable.

Injuries

Pedestrian accidents often result in serious injuries. In 2023 the injuries were:

• Minor Injuries: Cuts, bruises and scrapes were part of the injuries. While minor these can still disrupt the victim’s life, require medical treatment and time off work.
• Serious Injuries: Many victims suffered serious conditions such as fractures, head trauma, spinal injuries and internal injuries. The impact of these injuries can be long term, victims will need surgery, rehabilitation and ongoing medical treatment.
• Fatalities: Unfortunately some of the pedestrian accidents in 2023 were fatal. These are the worst, families are left to deal with the emotional and financial loss of a loved one.

Accident Locations

Many of the pedestrian accidents in Savannah occurred in high traffic areas:

• Downtown Savannah: This area has a lot of vehicle and pedestrian traffic so it’s a common place for accidents to happen. Key intersections and tourist areas are particularly hazardous.
• Major Intersections: Pedestrian accidents happened at intersections where drivers didn’t yield or ran red lights. Many of these intersections didn’t have pedestrian signals or crosswalks which added to the danger.
• Residential Areas: Some accidents occurred in quiet residential areas where drivers weren’t expecting pedestrians or were driving too fast.

Demographics

The victims of pedestrian accidents in 2023 were a diverse group. Here are some demographic highlights:

• Elderly: A large portion of the accidents involved elderly pedestrians who are more susceptible to serious injuries due to their age and slower reaction time. Elderly victims are more likely to have long term or life threatening injuries.
• Children: A big number of pedestrian accidents also involved children, especially near schools, parks and residential areas. Children are less aware of traffic dangers so they are more vulnerable to accidents.

Contributing Factors

The main factors that contributed to pedestrian accidents in Savannah in 2023 were:

• Distracted Driving: Drivers using their cell phones, eating or otherwise distracted were a big cause of pedestrian accidents. They didn’t see pedestrians in crosswalks or crossing streets.
• Failure to Yield: Many drivers failed to yield to pedestrians at crosswalks even when the pedestrian had the right of way. Failure to follow the traffic law resulted in many preventable accidents.
• Speeding: Speeding in residential areas and high traffic zones made it harder for drivers to stop in time to avoid pedestrians. Speeding increases the severity of the accident because the impact is more forceful at higher speeds.

Recent Pedestrian Accident Case

A recent personal injury case involving a pedestrian accident in Savannah shows the challenges and results of pursuing compensation after a serious injury.

Case: Johnson v. City of Savannah

Emily Johnson, 52, was a pedestrian who was hit by a vehicle while crossing an intersection in downtown Savannah. Johnson was in a designated crosswalk and had the right of way when the accident happened. The driver was distracted by their cell phone and didn’t see Johnson and hit her with their vehicle.

Result

Johnson suffered serious injuries including multiple fractures and a traumatic brain injury. Her injuries required multiple surgeries and months of rehab. She was unable to work and had ongoing medical expenses.

Johnson filed a personal injury lawsuit against the driver and the City of Savannah for negligence. The case settled for $850,000 which covered her medical expenses, lost wages, pain and suffering and future medical costs.

Takeaway

The Johnson case emphasizes the importance of driver attention and the need for pedestrian safety in high traffic areas. The case also led to increased advocacy for better crosswalk design and traffic signal improvements in Savannah to prevent similar accidents in the future.

Pedestrian Accident Lawyers

Victims of pedestrian accidents go through a long and tough recovery process. Having experienced legal representation is crucial to make sure victims get the compensation they deserve.

Case Evaluation and Investigation

Pedestrian accident lawyers conduct a thorough investigation to gather evidence and build a strong case for their clients.

Investigation

Lawyers review all available evidence including police reports, witness statements and accident scene photos. This evidence helps determine the cause of the accident and who’s at fault. In some cases lawyers may work with accident reconstruction experts to recreate the events leading up to the accident.

Expert Witness

To prove the extent of the victim’s injuries and the long term impact on their life, lawyers work with medical experts. These experts can testify as to the severity of the injuries, the treatment required and the future medical care the victim will need. This testimony is crucial to get compensation for current and future medical expenses.

Negotiation and Litigation

Once the evidence is gathered, lawyers start the process of negotiating with the at-fault driver’s insurance company. The goal is to get a fair settlement that covers all of the victim’s damages.

Settlement Negotiations

Lawyers work with their clients to evaluate the insurance company’s settlement offers. They consider all the victim’s losses including medical expenses, lost wages, pain and suffering and property damage. Insurance companies may offer a low settlement to minimize their payout but an experienced lawyer can negotiate a fair offer.

Litigation

If a fair settlement can’t be reached the lawyer will go to litigation. In a trial the lawyer will present the evidence to the court, argue on behalf of the victim and seek a jury verdict that awards full compensation. While many cases settle, litigation is necessary in complex cases or when the at-fault driver’s insurance company won’t offer a fair settlement.

Client Services

Throughout the process lawyers provide guidance and support to their clients. Victims of pedestrian accidents go through physical, emotional and financial challenges. Lawyers help their clients understand their legal options, explain the outcome of their case and advocate for their best interests.

Bottom Line

Pedestrian accidents in Savannah, Georgia are serious and complex for victims and their loved ones. The consequences are life changing and getting fair compensation is crucial for victims to heal and move on. By knowing the laws, looking at recent statistics and reviewing recent cases victims and their families can get a better understanding of the process.

For pedestrian accident claims, contact Keller Swan for assistance.