If you or a loved one has been injured—or worse, killed—in a pedestrian accident, you need an attorney who specializes in these types of cases and knows how to get you the compensation you deserve. But with so many law firms out there, how do you choose the right one? Here are a few things to look for when you’re searching for the best pedestrian accident attorney in Nashville, Tennessee.
Common Causes of Pedestrian Accidents
Here are the five most common causes of pedestrian accidents.
1. Distracted Drivers
Distracted driving is one of the leading causes of pedestrian accidents. Drivers who are distracted by their cell phones, GPS devices, or other passengers in the car are more likely to hit a pedestrian, especially if the pedestrian is crossing the street outside of a crosswalk. If you were hit by a distracted driver, you may be able to recover compensation for your injuries.
2. Drunk Drivers
Drunk drivers are another leading cause of pedestrian accidents. According to the National Highway Traffic Safety Administration (NHTSA), alcohol-impaired drivers were responsible for nearly 50% of all fatal pedestrian accidents in 2018. If you were hit by a drunk driver, you may be entitled to punitive damages in addition to compensation for your injuries.
Jaywalking—or crossing the street outside of a crosswalk—is one of the most common causes of pedestrian accidents. In fact, according to the NHTSA, about one-third of all fatal pedestrian accidents involve jaywalking. While jaywalking may seem like a victimless crime, it can have devastating consequences. If you were hit while jaywalking, you may be less likely to recover compensation for your injuries because you will be considered partially at fault for the accident.
4. Poor Weather Conditions
Poor weather conditions—such as rain, snow, or ice—can also contribute to pedestrian accidents. Slippery roads and low visibility make it difficult for drivers to see pedestrians, which can lead to accidents. If you were hit by a driver in poor weather conditions, you may still be able to recover compensation for your injuries depending on the circumstances surrounding the accident.
5. Driver Error
Finally, driver error is another leading cause of pedestrian accidents. This can include anything from speeding and reckless driving to failure to yield and improper turns. If you were hit by a driver who was behaving negligently, you may be entitled to compensation for your injuries.
Common Pedestrian Accident Injuries
There are a variety of injuries that pedestrians can sustain when they are hit by a car. Some of the most common include:
• Head injuries: These can range from concussions to traumatic brain injuries and can have long-term effects on your health.
• Neck and back injuries: Whiplash is a common neck injury that often occurs in pedestrian accidents. Back injuries can range from herniated discs to spinal cord damage.
• Broken bones: Because pedestrians do not have the same level of protection as those inside a car, they are more likely to sustain broken bones when they are hit by a car. Broken bones can take weeks or months to heal properly.
• Internal bleeding: Internal bleeding is another serious injury that pedestrians can sustain when they are hit by cars. If not treated promptly, internal bleeding can be fatal.
• Soft tissue damage: This type of damage includes bruises, lacerations, and contusions. While soft tissue damage might seem minor, it can still result in significant pain and suffering for the victim.
About Pedestrian Accident Claims
If you or a loved one has been involved in a pedestrian accident, you may be wondering what the next steps are. We will provide an overview of pedestrian accident claims in Tennessee so that you can make informed decisions about your case.
Steps to Take After a Pedestrian Accident
If you have been hit by a car while walking, jogging, or running, it is important to take some key steps to protect your health and your legal rights. The first step is to seek medical attention for any injuries that you have sustained. It is also important to gather evidence at the scene of the accident if possible. This can include taking photos of the accident scene and getting the contact information for any witnesses who saw what happened.
The next step is to contact a pedestrian accident attorney who can help you navigate the legal process and ensure that you are fairly compensated for your injuries. At Tennessee Accident Law, we have extensive experience handling pedestrian accident cases and we will fight tirelessly to get you the best possible outcome for your case.
Types of Compensation Available in Pedestrian Accident Cases
If you have been injured in a pedestrian accident, you may be entitled to compensation for your medical bills, lost wages, pain, and suffering, and more. The amount of compensation that you are entitled to will depend on the circumstances of your case. An experienced pedestrian accident attorney will be able to evaluate your case and give you an estimate of the value of your claim.
Who is Responsible for My Pedestrian Accident Injuries?
If you have been injured or killed in a pedestrian accident in Tennessee, you may be wondering who is responsible for your injuries. The answer depends on the circumstances of the accident. If the driver of the vehicle that struck you was at fault, then he or she may be held liable for your injuries. If the driver was not at fault, then the liable party will depend on who owned or maintained the roadway where the accident occurred.
If the Driver is at Fault
If the driver of the vehicle that struck you was at fault, then he or she may be held liable for your injuries under Tennessee law. The driver may be held liable if he or she was driving carelessly or recklessly when the accident occurred. For example, if the driver was speeding, texting while driving, or ran a red light, then he or she may be held liable for your injuries. If you can prove that the driver was at fault, then you may be able to recover damages from him or her.
If the Driver is Not at Fault
If the driver of the vehicle that struck you was not at fault, then you may still be able to recover damages from another party. For example, if the accident occurred because of a dangerous condition on the roadway, then you may be able to recover damages from the party who owned or maintained the roadway. Similarly, if the accident occurred because of a defective traffic control device, such as a stop sign or traffic signal, then you may be able to recover damages from the party who manufactured or installed the defective device.
What Does Tennessee Law Say About Pedestrian Accidents?
You’re walking across the street when you hear the screech of brakes. The next thing you know, you’re on the ground with a sharp pain in your leg. You’ve just been hit by a car. After the initial shock wears off, you start to wonder: who is at fault?
In Tennessee, the answer to that question is not always cut and dry. Instead, fault in a pedestrian accident is determined on a case-by-case basis. However, some general principles can be applied in most situations.
For example, if the pedestrian was crossing the street in a crosswalk and had the right of way, then the driver will likely be found at fault. On the other hand, if the pedestrian was jaywalking or otherwise not following traffic laws, then they may be held partially or wholly responsible for the accident.
Additionally, if the driver was under the influence of drugs or alcohol at the time of the accident, they will almost certainly be found at fault. Similarly, if the driver was speeding or otherwise driving recklessly, they will also likely be held responsible.
How Long Do I Have to File a Pedestrian Accident Lawsuit?
If you’ve been seriously injured in a pedestrian accident, you may be faced with mounting medical bills, lost wages, and other costs. These severe injuries can also impact your ability to return to work or enjoy your life as you once did. If you’ve suffered severe injuries, it’s important to speak with an experienced pedestrian accident attorney as soon as possible to discuss your legal options and ensure that your rights are protected.
The State in Which the Accident Occurred
Each state has its statute of limitations for filing a personal injury lawsuit. The statute of limitations is the amount of time you have to file a lawsuit after being injured. In Tennessee, the statute of limitations for filing a personal injury lawsuit is one year from the date of the accident. This means that if you were involved in a pedestrian accident on January 1, 2020, you would have until January 1, 2021, to file a lawsuit.
The At-Fault Driver Was Uninsured
Unfortunately, not all drivers are insured. If the driver who hit you was uninsured, you may still be able to recover damages by filing a lawsuit against the at-fault driver. However, it’s important to note that uninsured motorists typically don’t have much in the way of assets, so it’s important to speak with an experienced pedestrian accident attorney before taking any legal action.
Don’t Talk to Anyone on the Other Side Before Speaking with a Lawyer
After you’ve been injured or killed in a pedestrian accident, one of the first things that will happen is that an insurance company will try to get you to sign away your rights. They may offer you a quick settlement, but you must understand the ramifications of taking their offer before you make any decisions.
Oftentimes, these offers are much lower than what you could get if you went through the legal process. And once you’ve accepted their offer and signed away your rights, you won’t be able to go back and ask for more money. That’s why it’s always best to speak with a lawyer before you talk to anyone from the other side.
Why You Shouldn’t Accept the First Offer
When an insurance company makes you an offer after an accident, it’s almost always going to be a low-ball offer. Their goal is to save themselves money, not to give you the full and fair compensation that you deserve.
And once you accept their offer, that’s it—you can’t go back and ask for more money later on down the road. So even if their offer seems like a lot of money at first, if it’s not enough to cover all of your medical bills, lost wages, and other expenses, then you could find yourself in financial trouble further down the road.
What a Lawyer Can Do For You
A lawyer can help make sure that doesn’t happen. We’ll review the facts of your case and determine how much your claim is worth. Then we’ll negotiate with the insurance company on your behalf to try and get you the full amount that you deserve—not just a quick settlement that’s far below what your claim is worth.
And if we can’t reach an agreement with the insurance company, then we’re prepared to take them to court and let a judge or jury decide how much they owe you. But no matter what, we’ll be by your side every step of the way and fight for the full and fair compensation that you’re entitled to under the law.
How are We Different from Other Firms?
1. We Have a Proven Track Record of Success.
When you choose our firm, you can be confident that you’re working with a team that has a proven track record of success. We have recovered millions of dollars for our clients, both in settlement negotiations and at trial. No matter how complex your case may be, we have the knowledge and skills necessary to help you get the outcome you deserve.
2. We’re Compassionate and Caring.
We understand how devastating a pedestrian accident can be, both physically and emotionally. You can rely on us to be there for you every step of the way, providing the compassion and support you need to get through this difficult time.
3. We’re Available 24/7.
We know that when you’ve been involved in a pedestrian accident, time is of the essence. That’s why we offer 24/7 availability to answer your questions and address your concerns. You can always reach us by phone or email, day or night.
4. We Offer Free Case Evaluations.
We want you to feel confident that you’re making the right decision when choosing an attorney to represent you, which is why we offer free case evaluations. This allows you to meet with us and learn more about what we can do for you without any obligation or pressure to move forward with our firm.
5 . We Have Extensive Resources.
Our firm has the extensive resources necessary to build a strong case on your behalf. We have access to expert witnesses who can provide valuable testimony, investigators who can help gather important evidence, and state-of-the-art technology that can be used to reconstruct the accident scene. No matter what challenges arise during your case, we will be able to effectively tackle them head-on.
Do I Need a Lawyer for a Pedestrian Accident Case?
The first thing you need to do after being involved in any kind of accident is to seek medical attention, even if you think your injuries are minor. After that, you’ll want to gather as much evidence as possible at the scene of the accident, including photos of the damage to your body and clothing, pictures of the scene itself, and contact information for any witnesses who saw what happened. Once you have all of that, you can start thinking about whether or not you need a lawyer.
There are a few different reasons why people choose to hire lawyers after being involved in pedestrian accidents. The most common one is simply because they don’t know how to navigate the insurance claims process on their own—and that’s perfectly understandable. Insurance companies are notoriously difficult to deal with, and unless you have experience dealing with them, it can be extremely frustrating and overwhelming.
Another reason people choose to hire lawyers is that they want someone to fight for them and make sure they’re getting fair compensation for their injuries. This is especially true in cases where the pedestrian accident was caused by someone else’s negligence or recklessness. If you were hit by a drunk driver or someone who was texting while driving, for example, you may want to consider hiring a lawyer to help you get justice.
How Much Do We Charge?
The good news is that we work on a contingency fee basis, which means you won’t owe us anything unless we can recover compensation for you.
How Contingency Fees Work
A contingency fee is a type of arrangement where the lawyer agrees to represent the client, and the payment is contingent on the lawyer winning the case. If the lawyer does not win, the client does not owe anything. In most cases, the lawyer will charges a percentage of the money recovered if they are successful.
For example, let’s say that you hire a law firm to represent you in a pedestrian accident case. The lawyer may agree to work on a contingency fee basis where they will receive 33% of any money recovered for you. If the lawyer is successful in obtaining a settlement or judgment for you, they will receive 33% of that amount as their fee. However, if the lawyer does not win your case, you will not owe them anything.
Why We Charge Contingency Fees
We charge contingency fees because we believe that everyone should have access to justice, regardless of their financial situation. If we were to charge an hourly rate, many people would be unable to afford our services. By working on a contingency fee basis, we can help more people get the justice and compensation they deserve.
Where Do I Start This Process of Pursuing a Recovery for My Loss?
You may be wondering how to proceed with pursuing recovery for your losses. Here are some tips to get you started on the road to recovery.
Get Medical Attention Immediately
Your health and well-being should be your top priority after a pedestrian accident. Even if you don’t think you’ve been seriously injured, it’s important to get checked out by a medical professional as soon as possible. Some injuries, like traumatic brain injuries, may not be immediately apparent. It’s better to err on the side of caution and get a full medical evaluation right away. Once you’ve been seen by a doctor, follow their instructions for ongoing care and treatment. This will not only help you recover physically, but it will also create a paper trail that can be used as evidence in your case.
Speak to an Experienced Attorney
The next step is to speak with an experienced attorney who specializes in pedestrian accidents. They will be able to evaluate your case and advise you on the best course of action for pursuing recovery. If you decide to move forward with filing a lawsuit, your attorney will handle all of the legal paperwork and negotiations on your behalf so that you can focus on your physical and emotional recovery.
Know Your Rights
It’s important to know that pedestrians have the right of way at crosswalks and intersections in Tennessee. If you were hit by a car while crossing the street in a designated crosswalk or intersection, the driver is typically at fault—even if they had a green light. If the driver was speeding, running a red light, or otherwise breaking traffic laws, they may also be held liable for damages. Once you have an understanding of the law and how it applies to your specific situation, you’ll be in a better position to pursue the compensation you deserve.
If you or someone you love has been injured in a pedestrian accident, it’s important to find an experienced attorney who can help you get the compensation you deserve. Contact Tennessee Accident Law today and we will provide a free case evaluation.