When the Driver Blames You After a Pedestrian Accident: What You Need

Getting hit by a car as a pedestrian is traumatic enough—but when the driver turns around and blames you for the accident? That’s next-level stress. Many people assume drivers are always at fault in pedestrian accidents, but the reality can be far more complicated. Insurance companies may do everything they can to shift the blame and avoid paying a fair settlement. If you’ve been injured in a pedestrian accident and the driver is pointing fingers your way, here’s what you need to know—and how to protect yourself.

Understanding Who’s at Fault in a Pedestrian Accident

In Georgia pedestrian accident cases, liability isn’t automatically assigned to the driver. Both drivers and pedestrians have responsibilities on the road. Determining fault comes down to evidence like:

• Whether traffic signals or crosswalk rules were followed

• If the driver was negligent (speeding, distracted, or breaking traffic laws)

• Whether the pedestrian acted recklessly (like darting into the road without warning)

Even if both parties share some blame, Georgia’s modified comparative negligence rule allows injured pedestrians to receive compensation—as long as they are less than 50% responsible. The catch? Their compensation will be reduced by their percentage of fault.

How Drivers and Insurance Companies Shift the Blame

It’s not uncommon for drivers and insurers to turn the spotlight onto the pedestrian to avoid liability. Common arguments include:

• The pedestrian was jaywalking

• They were distracted by a phone or headphones

• They suddenly entered the roadway, giving no time to react

• The accident happened at night and the pedestrian wasn’t visible

Some of these may be valid concerns, but often they’re exaggerated or taken out of context to reduce the payout. That’s why having a solid legal defense is essential in these cases.

Proving the Driver’s Negligence

If you’ve been wrongly blamed, gathering evidence in a pedestrian accident is your best defense. Strong evidence may include:

Police Reports
 Official documentation from law enforcement can confirm whether the driver was ticketed for traffic violations. These reports often carry significant weight in personal injury claims.

Eyewitness Statements
 People who saw the accident happen can be powerful allies. Witnesses may confirm that you had the right of way, or that the driver was texting or speeding.

Surveillance Footage
 Traffic cams, security systems, or dashcams can offer indisputable proof of what really happened. If footage shows the driver ran a red light or failed to yield, it can make your case much stronger.

Medical Records
 Your medical documentation helps prove not just your injuries, but how the accident happened. Certain injury patterns can point to the direction and force of impact, helping to back up your version of events.

Accident Reconstruction
 When things get especially complicated, experts can analyze the crash scene, skid marks, and vehicle damage to create a detailed reconstruction. These reports can help discredit false claims from the driver.

What Happens If You’re Found Partially At Fault?

Don’t panic if the blame isn’t entirely on the driver. Georgia law still allows you to receive compensation if you’re found less than 50% responsible. However, your payout will be reduced proportionally.

For example, if your damages total $100,000 but you’re found 30% at fault, you’ll receive $70,000. Still a significant sum—and worth fighting for.

Why Legal Representation Makes a Difference

Facing off against an insurance company on your own can be overwhelming. Their goal is to pay you as little as possible, and they often use legal tactics to do just that. At The Law Office of Don Edwards, we know how to push back. We investigate the crash thoroughly, interview witnesses, gather all available footage and records, and negotiate for the compensation you deserve.

You don’t have to accept blame that isn’t yours—and you shouldn’t settle for less than what your injuries are truly worth.

Take Action Now

Pedestrian accidents can leave lasting physical, emotional, and financial damage. If you’ve been injured and the driver is trying to pin the blame on you, it’s time to take control. Reach out to experienced legal counsel who can advocate for your rights.

Contact The Law Office of Don Edwards today for a free consultation. We’ll help you fight back and secure the compensation you deserve.

Read the original article here: What Happens If You’re Injured in a Pedestrian Accident but the Driver Blames You?