If you or someone close to you has suffered from a pedestrian accident, whether it be through injury or even death, you’re going to want an attorney who knows exactly what they’re doing when it comes to these types of cases. To get the best compensation possible, look for an experienced firm when searching for the right one in Franklin, Tennessee.
Common Causes of Pedestrian Accidents
Here are the five most common causes of pedestrian accidents.
1. Distracted Drivers
Being hit by a car is scary enough, but it’s especially traumatizing when you know the driver was distracted at the time. According to studies, drivers who are using their phones or GPS devices are more likely to make an accident occur. If you or a loved one has been struck by such a driver and now suffers from injuries because of it, then financial compensation may be available as restitution.
2. Drunk Drivers
Drunk drivers pose a serious threat to pedestrians, and according to the National Highway Traffic Safety Administration (NHTSA), they were responsible for nearly 50% of all fatal pedestrian accidents in 2018. If you or a loved one has been hit by a drunk driver, you may be entitled to punitive damages on top of compensation for your injuries.
Jaywalking—or crossing the street instead of using the crosswalk—is a leading cause of pedestrian accidents, as stated by the NHTSA. About one in three fatal pedestrian accidents is caused by jaywalking. Even though it may not seem harmful, jaywalking can have severe consequences. If you were hit while crossing outside of a crosswalk, you’re less likely to be compensated for your injuries because you would be considered partially at fault for the accident.
4. Poor Weather Conditions
If you are hit by a car while walking in bad weather, like rain or snow, you might still be able to get money for your injuries. The amount of compensation you can receive depends on the details of what happened. Drivers have a hard time seeing people when it’s slippery and visibility is low, so these conditions often cause accidents involving pedestrians
5. Driver Error
Accidents involving pedestrians are often caused by driver error, such as speeding, reckless driving, failure to yield, or improper turns. If you were hit by a driver behaving negligently, you may be able to get compensation for your injuries.
Common Pedestrian Accident Injuries
When pedestrians are struck by a car, they can incur any of the following injuries:
• 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 someone you love has been in a pedestrian accident, you’re probably wondering what to do next. This overview of pedestrian accident claims in Franklin, Tennessee will help ensure that whatever decisions you make about your case are fully informed.
Steps to Take After a Pedestrian Accident
After you have been hit by a car, it is essential to take crucial measures for both your physical and legal well-being. The initial step is to get medical help for any injuries endured. Furthermore, if possible, collect evidence at the accident scene. This could entail taking pictures of the crash site and procuring the contact information from anybody who saw the occurrence.
If you or somebody you know was the victim of a pedestrian accident, Tennessee Accident Law is here to help. We have handled many cases like yours in the past and will do whatever it takes to get you compensated for your injuries. Contact us today for a free consultation.
Types of Compensation Available in Pedestrian Accident Cases
After a pedestrian accident, you might be surprised to learn that you could recoup money for hospital bills, missed work days, and more. The total amount you’re eligible to receive hinges on the particulars of your specific case. To get an idea of what your claim might be worth, speak with a seasoned pedestrian accident attorney today.
Who is Responsible for My Pedestrian Accident Injuries?
Depending on the circumstances of your pedestrian accident in Spring Hill, Tennessee, you may be wondering who is responsible for any resulting injuries. If the driver that hit you was at fault, they may be held liable. However, if the driver wasn’t at fault, then liability will depend on who owned or maintained the roadway where the accident occurred.
If the Driver is at Fault
If the driver who hit you was driving carelessly or recklessly, then he or she may have to pay for your injuries according to Tennessee law. For example, if the driver was speeding, texting while driving, or running a red light. If you can show that it was the other driver’s fault, then you might be able to get money from him or her.
If the Driver is Not at Fault
Even if the driver who hit you was not at fault, there may be another party from whom you can recover damages. For example, if the accident happened because of a dangerous situation on the road, it might be possible to get compensation from whoever owned or took care of the road. Similarly, if the accident occurred because of a defective traffic control device such as stop sign or traffic signal, then perhaps you could receive compensation from whoever manufactured or installed that broken device.
What Does Tennessee Law Say About Pedestrian Accidents?
As you walk across the street, stopping at the crosswalk, you hear a car coming up too fast behind you. You brace yourself for impact and feel the full force of the hit as your body is thrown against the pavement. The driver didn’t even attempt to brake until after making contact with you. After assessing that nothing feels broken, but your left leg hurts terribly, you start to wonder: who is responsible for this? Who is at fault?
The answer to that question is not always cut and dry but depends on the individual pedestrian accident. 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 by law, the driver will be found at fault. On the other hand, if the pedestrian wasn’t following traffic laws- such as jaywalking or running a red light- they may be held partially responsible for causing their accident.
If the driver was intoxicated or speeding at the time of the accident, they will almost certainly be found liable.
How Long Do I Have to File a Pedestrian Accident Lawsuit?
Experiencing a pedestrian accident can be painful physically and monetarily. You may need to take time off of work, pay for costly medical bills, and readjust your lifestyle. These impacts are especially difficult if you have suffered severe injuries. To get started on alleviating some of this stress, consult with an experienced pedestrian accident attorney. They will make sure that your rights are being represented both in and out of court so you can focus on getting back to good health..
The State in Which the Accident Occurred
The statute of limitations is the time frame you have to file a lawsuit after being injured. In Tennessee, the deadline for filing a personal injury claim is one year from the accident date. For example, if someone was hit by a car on January 1, 2020, they would have until January 1, 2021 to file suit.
The At-Fault Driver Was Uninsured
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, keep in mind that most uninsured drivers don’t have many assets. Therefore, it’s best 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
If you’re the victim of a pedestrian accident, the first thing an insurance company will try to do is get you to sign away your rights. They might offer you a fast settlement, but you must understand what this could mean for you before making any decisions.
Always consult with a lawyer before even entertaining offers from the other party, as these frequently low-balled offers are binding and nonnegotiable once you’ve signed away your rights.
Why You Shouldn’t Accept the First Offer
Insurance companies will nearly always give you a low settlement offer after an accident. Their goal is to save money, not fairly compensate you for your damages.
If you accept an insurance company’s initial offer, that’s all they will give you. You can’t go back and request more money later. So even if their first offer seems like a lot of money, it might not be enough to cover all of your medical bills and other expenses from the accident. This could put you in financial trouble down the road.
What a Lawyer Can Do For You
A lawyer can help prevent you from having to suffer such a fate. We’ll examine the details of your case and determine how much compensation you’re entitled to. Once we have that number, we’ll open negotiations with the insurance company on your behalf to get you the full amount due—not just a reduced settlement that doesn’t come close to what you’re owed.
If we can’t arrange with the insurance company, then we’re ready to take them to court. However it plays out, we’ll be with you through the entire process and battle for the complete and reasonable compensation that you legally deserve.
How are We Different from Other Firms?
1. We Have a Proven Track Record of Success.
Choosing our firm gives you the peace of mind that comes with knowing you’re working with a team of experienced litigators. We have helped our clients recover millions of dollars, both in and out of court. With our Complex Case Management system, we have successfully handled even the most challenging cases. You can be confident that we will work tirelessly to get you the outcome you need and deserve.
2. We’re Compassionate and Caring.
We know how tough pedestrian accidents are—both physically and mentally. You can always count on us to be by your side as you get through this rough patch, with the empathy and assistance you need.
3. We’re Available 24/7.
Being injured in a pedestrian accident is never convenient, which is why we are always available to answer your questions and help resolve your concerns. You can call or email us anytime, day or night.
4. We Offer Free Case Evaluations.
We understand how difficult it can be to choose the right attorney, which is why we offer free case evaluations. This way, you’ll have the opportunity to meet with us and learn more about your options without any pressure to commit to our firm.
5 . We Have Extensive Resources.
Our firm is well-equipped 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?
After being in an accident, you should prioritize your health and safety by seeking medical attention first. Even if you feel okay, it’s important to get checked out by a professional to rule out any hidden injuries. Next, gather evidence from the accident scene. This includes photographing the damage to your vehicle or person, as well as taking pictures of the surrounding area. Finally, make sure to collect contact information for anyone who witnessed the events unfold. Once you have all of this documentation collected, you can start thinking about whether or not hiring a lawyer is right for your case.
Many people choose to hire lawyers after being involved in pedestrian accidents for a few different reasons. The most frequent one is that they don’t have the knowledge or skillset needed to manage an insurance claim by themselves—which makes total sense. Dealing with insurance companies tends to be very difficult, especially if you’ve never attempted it before. It can also be quite infuriating and scary when you’re not sure what you’re doing.
People oftentimes choose to hire lawyers because they want someone in their corner, looking out for them and making sure they’re receiving the appropriate amount of compensation required for their injuries. If you were hit by a drunk driver or somebody who was texting while driving, due to their negligence, you might want to consider hiring a lawyer so that you can get justice.
How Much Do We Charge?
We only get paid if we win your case, so you don’t have to worry about any up-front costs.
How Contingency Fees Work
Contingency fees are an arrangement between lawyer and client where the payment is only due if the lawyer wins the case. If they don’t win, then the client doesn’t owe them anything. Usually, lawyers will charge a percentage of what is recovered as their fee if they are successful.
For example, say you receive legal representation from a law firm for a pedestrian accident case where the lawyer agrees to work on contingency. This means that they will only get paid if your case is successful and their fee will be 33% of what’s recovered. If the attorney doesn’t win your case, then you don’t owe them anything.
Why We Charge Contingency Fees
We choose to bill through contingency fees so that anybody can afford our services. If we were to charge an hourly rate, only those who are already wealthy would be able to use our firm. By working on a contingency fee basis, we help level the playing field and give more people access to justice.
Where Do I Start This Process of Pursuing a Recovery for My Loss?
Wondering how to start the process of recovering your losses? Here are some tips to get you on the right track.
Get Medical Attention Immediately
Your health is the most important thing after a pedestrian accident. If you’re not sure if your injuries are serious, go to the hospital or see a doctor as soon as possible. Some injuries, like concussions, might not show symptoms right away. It’s better to be safe and get checked out by a medical professional immediately following your accident
Following your doctor’s orders for care and treatment will help you heal and create a document trail to be used as evidence in your case.
Speak to an Experienced Attorney
After you speak with a specialized pedestrian accident attorney and they evaluate your case, you will then be able to decide together the best way to move forward. Should you choose to file a lawsuit, your attorney will manage all legal negotiations on your behalf while you focus on recovering physically and emotionally.
Know Your Rights
In Tennessee, pedestrians have the right of way at crosswalks and intersections. If you are hit by a car while crossing the street in a designated crosswalk or intersection, the driver is usually 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 understand the law and how it applies to your situation, you will be able to pursue compensation more effectively.
If you have been injured in a pedestrian accident, finding an experienced attorney to help you get the compensation you deserve is important. Here at Tennessee Accident Law, we provide free case evaluations. Give us a call today so that we can begin helping you through this process.