If you have been injured or lost a loved one in a pedestrian accident, it is vital that you find an attorney who specializes in these types of cases and will fight to get you the compensation that you deserve. With so many law firms out there, how can you choose the best one? Look for an experienced lawyer with a proven track record who has handled similar cases in Brentwood, Tennessee.
Common Causes of Pedestrian Accidents
Here are the five most common causes of pedestrian accidents.
1. Distracted Drivers
Drivers who text, use their GPS, or talk to other passengers while driving are endangering pedestrians. If you were hit by a driver who was distracted in this way, you may be able to get money for your injuries from them.
2. Drunk Drivers
Drunk drivers are one of the leading causes of pedestrian accidents, as stated by the National Highway Traffic Safety Administration (NHTSA). In fact, in 2018 they were responsible for nearly 50% of fatal pedestrian accidents. If you’ve been hit by a drunk driver, you may not only be able to compensation for your injuries but also punitive damages.
One of the top reasons pedestrians get hit by cars is due to jaywalking; in fact, about 33% of all fatal pedestrian accidents occur from people illegally crossing the street. While it may seem like a minor offense, jaywalking can lead to life-threatening injuries—and if you’re the victim, in this case, good luck getting compensated for your damages. Why? Because more often than not, victims who were hit while jaywalking are deemed partially at fault for their accident.
4. Poor Weather Conditions
Rough weather—rain, snow, or sleet—can up the ante on pedestrian accidents. A car driver’s view can be obscured by slippery roads and lousy visibility, leading to potential disaster. If you were hit by a vehicle during inclement weather, compensation for your injuries may still be attainable depending on the specifics of the accident.
5. Driver Error
Some of the most common pedestrian accidents are caused by driver error, such as speeding, reckless driving, failure to yield, or making improper turns. If you were hit by a negligent driver, you may be able to get compensation for your injuries.
Common Pedestrian Accident Injuries
There are several injuries that pedestrians can suffer if they are hit by a car, some of which 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, we know that you may have many questions about what to do next. In this guide, we will provide an overview of pedestrian accident claims in Brentwood, Tennessee so that you can make informed decisions about your case.
Steps to Take After a Pedestrian Accident
Taking the following steps is crucial if you were hit by a car while walking, jogging, or running. first and foremost, seek medical help for any injuries suffered. Additionally, try to gather as much evidence at the accident scene as possible. This can be in the form of taking pictures of the area and/or getting contact information from witnesses who saw the event occur.
If you or somebody you know has been hit by a car, please continue reading and find out the next best step to take. Our pedestrian accident attorneys at Tennessee Accident Law have many years of experience in cases such as these and we will do whatever it takes to fight for what is fair.
Types of Compensation Available in Pedestrian Accident Cases
If you were unfortunate enough to be injured in a pedestrian accident, rest-assured that you may very well be eligible for compensation which could include but is not limited to: medical bills, lost wages, and pain/suffering. Your experienced pedestrian attorney will evaluate all aspects of your case before giving you an estimate of the total value of your claim.
Who is Responsible for My Pedestrian Accident Injuries?
If you have been injured or killed in a pedestrian accident in Brentwood, 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?
Any pedestrian hit by a car knows how severe the injuries can be. You may face costly hospital bills, lost wages, and other related expenses. Moreover, your quality of life may never be the same. If you or someone you know has experienced such an unfair accident, speak to a pedestrian accident attorney today to explore your legal options and protect your rights..
The State in Which the Accident Occurred
The statute of limitations is the maximum period of time after an injury during which a lawsuit can be filed. In Tennessee, for example, you have one year from the date of a pedestrian accident to file a lawsuit.
The At-Fault Driver Was Uninsured
If the driver who hit you wasn’t insured, you might still be able to get compensated by filing a lawsuit against them. But keep in mind that people with no insurance usually don’t have many assets. So it’s crucial that you talk to a knowledgeable pedestrian accident lawyer before taking any legal action.
Don’t Talk to Anyone on the Other Side Before Speaking with a Lawyer
If you or a loved one have been hurt in a pedestrian accident, the last thing you want is for an insurance company to take advantage of you. They may offer you a swift settlement, but you must comprehend the implications of accepting their proposal before making any decisions.
Many times, these offers are well below what you could get if you went through the legal process. And once you’ve accepted their offer and given up your rights, you won’t be able to go back and ask for more money. That’s why it’s always best to talk to a lawyer before talking to anyone from the other side.
Why You Shouldn’t Accept the First Offer
It’s important to remember that when insurance companies make you an offer after an accident, they’re almost always going to low-ball you. Their priority is saving themselves money rather than giving you the full compensation you deserve.
And once you agree to their proposal, that’s the end of it—you can’t negotiate for more money later. So even if their offer seems like a lot of money at first, if it doesn’t cover all your medical bills, lost wages, and other expenses, then you might have bigger financial problems later on.
What a Lawyer Can Do For You
A lawyer can help you avoid that fate. We’ll assess the situation and calculate how much your claim is worth. Subsequently, we’ll negotiate with the insurance company to get you the full amount due—not just a measly settlement that’s way below the true value of your claim.
If we can’t come to a resolution with the insurance company, then we’re willing to take them to court and let a judge or jury determine how much they owe you. No matter what happens, though, we promise to stand by you and fight for the complete compensation that you legally deserve.
How are We Different from Other Firms?
1. We Have a Proven Track Record of Success.
by choosing our firm, you can be confident that you’re working with a team of experienced professionals. We have recovered millions of dollars for our clients through both 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.
Pedestrian accidents can be incredibly devastating, both physically and emotionally. We are here for you every step of the way, providing compassion and support to help you get through this tough time.
3. We’re Available 24/7.
Our top priority is always you, the client. We are here for you 24 hours a day, seven days a week because we know that when you’ve been in an accident, time is of the essence. You can reach us by phone or email whenever it’s convenient for you—we’ll be ready and waiting to answer your questions and address your concerns.
4. We Offer Free Case Evaluations.
We understand that it can be difficult to choose an attorney, which is why we offer free case evaluations. This way, you can meet with us and get a better understanding of our services without feeling any pressure to commit to our firm.
5 . We Have Extensive Resources.
We have everything we need at our firm to put together a solid case for you. From access to expert witnesses who can give important testimony, to investigators who can help us gather evidence, and technology that allows us to reconstruct the accident scene – there is no challenge too big for us to handle.
Do I Need a Lawyer for a Pedestrian Accident Case?
Being injured in an accident is overwhelming, but there are a few key things you should do to take care of yourself and your case. First, see a doctor right away, even if you feel okay. Then collect evidence from the accident scene like photos of injuries and damage, pictures of the area around where it happened, and contact info for anyone who saw what occurred. Once you have all that information together, you can start thinking about whether or not hiring a lawyer is the best next step for you.
Oftentimes, people rely on lawyers after pedestrian accidents because the process of filing insurance claims is convoluted. Many feel lost when trying to communicate with their insurance company—and that’s normal. Insurance companies make it difficult to understand the next steps you should take, and unless you have a background in this area, it can be incredibly discouraging.
Some people opt to hire lawyers because they want somebody fighting on their behalf, especially when the pedestrian accident wasn’t their fault. If you were struck by a drunk or distracted driver, for example, you might choose to lawyer up to get what you’re due.
How Much Do We Charge?
Don’t worry about the cost — you won’t owe us a dime unless we win your case and get you the compensation you deserve.
How Contingency Fees Work
Contingency fees are an agreement between a lawyer and a client in which the payment is only given to the lawyer if they win the case. If not, then no money exchanges hands. More often than not, lawyers who take on these cases will request a percentage of what’s recovered as opposed to charging hourly like traditional methods.
For example, if you hire a law firm to represent you in a pedestrian accident case, they may agree to work on a contingency fee basis. This means that they will receive 33% of any money recovered for you as their fee. 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 by the contingency fee because we think that justice should be accessible to everyone, no matter their monetary circumstances. If we were to go by hourly rate, a lot of people would not be able to meet our costs. However, through working on a contingency fee basis, more individuals are helped get the retribution and recompense they ought to have.
Where Do I Start This Process of Pursuing a Recovery for My Loss?
If you’re feeling lost about what to do next, here are some tips to help get you started on the road to recovery.
Get Medical Attention Immediately
Your health is the most crucial thing to focus on after a pedestrian accident. Even if you feel like your injuries aren’t severe, it’s still imperative that you see a medical professional as soon as possible. Some wounds, such as traumatic brain injuries, might not have noticeable symptoms immediately. Therefore, it’s always better to be cautious and get a complete medical examination right away.
After you’ve been seen by a physician, continue to follow their instructions for care and treatment. This will help with your physical recovery as well as create evidence for your case through documentation.
Speak to an Experienced Attorney
The next best step to take is to consult with a pedestrian accident attorney. They will hear what happened and give you their professional evaluation of the situation. If it seems like legal action might be pursuable, they can handle all of the cases so that you don’t have extra stress weighing down on your emotional and physical state.
Know Your Rights
In Brentwood, Tennessee, state law dictates that pedestrians always have the right of way at intersections and crosswalks. If a pedestrian is hit by a car while crossing in either one of these areas, then nine times out of ten, the driver will be held responsible—even if they had a green light. In addition to this, if the driver was speeding or ran a red light before hitting the pedestrian, they can be liable for supplementary damages. Oftentimes getting compensation boils down to understanding how the law applies to your unique situation.
If you or a loved one have been hurt in a pedestrian accident, it’s vital to find a knowledgeable attorney who can help get the money you’re entitled to. Get in touch with Tennessee Accident Law today for your free case evaluation.