Pedestrian Accidents

Support When You're Most Vulnerable

Pedestrian accidents can cause devastating injuries and life-changing consequences. If you or a loved one has been struck by a vehicle in Tennessee, you're facing not only serious injuries but also complex legal challenges. AskLitigation understands the unique issues involved in pedestrian accident cases and is here to help you navigate the legal system and secure the compensation you deserve.

Pedestrian accidents are among the most serious types of traffic accidents in Tennessee. Our attorneys also handle related cases including car accidents and bicycle accidents.

What Counts as a Pedestrian Accident?

A pedestrian accident occurs when a person on foot is struck by a motor vehicle, resulting in injury or death. These accidents can happen:

At marked crosswalks
At intersections without crosswalks
On sidewalks (when vehicles leave the roadway)
In parking lots and driveways
On rural roads without sidewalks
During hit-and-run incidents
In school zones and residential areas

Tennessee's mix of urban areas, rural communities, and tourist destinations creates various scenarios where pedestrian accidents occur.

Tennessee Laws on Pedestrian Accidents

Tennessee has specific laws governing pedestrian rights and driver responsibilities:

Pedestrian Rights:

Right-of-way in marked crosswalks
Right-of-way when crossing at intersections (even without crosswalks)
Protection under traffic laws requiring drivers to yield

Pedestrian Responsibilities:

Must use crosswalks when available
Must obey traffic signals
Should avoid darting into traffic
Must exercise reasonable care for their own safety

Driver Responsibilities:

Must yield to pedestrians in crosswalks
Must exercise due care to avoid hitting pedestrians
Must slow down and be cautious around schools and residential areas
Required to stop and render aid after hitting a pedestrian

Key legal facts:

One-year statute of limitations for personal injury claims
Modified comparative fault system applies
Criminal penalties for drivers who flee the scene

Common Causes of Tennessee Pedestrian Accidents

Driver-Related Causes:

Distracted driving (texting, phone calls, GPS)
Failure to yield at crosswalks
Turning without checking for pedestrians
Driving under the influence of alcohol or drugs
Speeding, especially in residential areas
Not seeing pedestrians at night or in poor weather

Environmental Factors:

Poor lighting at intersections and crosswalks
Inadequate pedestrian infrastructure
Construction zones blocking sidewalks
Parked cars blocking driver visibility

Tennessee-Specific Issues:

Rural areas with no sidewalks forcing pedestrians into roadways
Tourist areas with heavy foot traffic
University campuses with high pedestrian density
Entertainment districts with intoxicated pedestrians and drivers

Types of Pedestrian Accident Injuries

Pedestrian accidents often result in severe injuries due to the size and speed disparity between vehicles and people:

Head and Brain Injuries:

Traumatic brain injuries from impact with vehicle or pavement
Skull fractures and contusions
Concussions with long-term effects
Memory loss and cognitive impairment

Spinal Cord Injuries:

Complete or partial paralysis
Herniated discs and vertebral fractures
Chronic pain and mobility limitations
Need for assistive devices and home modifications

Orthopedic Injuries:

Multiple fractures (legs, arms, ribs, pelvis)
Crushed bones requiring reconstruction
Amputations in severe cases
Joint injuries requiring replacement

Internal Injuries:

Organ damage from blunt force trauma
Internal bleeding requiring emergency surgery
Abdominal injuries
Chest trauma and broken ribs

Soft Tissue Injuries:

Severe lacerations and cuts
Road rash from being dragged
Muscle tears and strains
Permanent scarring and disfigurement

Tennessee's Comparative Fault in Pedestrian Cases

Tennessee's modified comparative fault system significantly impacts pedestrian accident cases:

Common fault arguments against pedestrians:

Jaywalking or crossing outside crosswalks
Not paying attention to traffic
Being intoxicated or under influence of drugs
Wearing dark clothing at night
Walking in roadways when sidewalks are available

Important protections:

Even if partially at fault, pedestrians can still recover if less than 50% responsible
Drivers have duty to avoid hitting pedestrians even when pedestrians violate traffic laws
Children are held to different standards based on their age and maturity

Examples of fault allocation:

20% pedestrian fault: Recover 80% of damages
45% pedestrian fault: Recover 55% of damages
50% or more pedestrian fault: No recovery possible

What Compensation Can You Recover?

Tennessee pedestrian accident victims may be entitled to substantial compensation:

Economic damages:

Emergency medical treatment and hospitalization
Surgery and rehabilitation costs
Future medical expenses and ongoing care
Lost wages and reduced earning capacity
Disability accommodations and assistive devices
Home and vehicle modifications
Transportation costs during recovery

Non-economic damages:

Pain and suffering (often substantial in pedestrian cases)
Emotional distress and trauma
Loss of enjoyment of life
Permanent disability and disfigurement
Loss of consortium for spouses
Mental anguish from disfigurement or amputation

Punitive damages may be available in cases involving drunk driving, hit-and-run, or other grossly negligent conduct.

Challenges Unique to Tennessee Pedestrian Cases

Rural vs. Urban Dynamics:

Rural areas often lack sidewalks and proper lighting
Urban areas have more traffic but better emergency response
Different injury patterns based on traffic speeds and road design

Tourist and Entertainment Areas:

High pedestrian traffic in downtown areas
Alcohol-related accidents in entertainment districts
Out-of-state drivers unfamiliar with local traffic patterns

Weather and Seasonal Factors:

Reduced visibility during rain and fog
Ice and snow creating hazardous conditions
Longer winter nights increasing nighttime accidents

Infrastructure Issues:

Many Tennessee roads built before pedestrian safety was prioritized
Inconsistent crosswalk and sidewalk systems
Construction zones creating pedestrian hazards

Steps to Take After a Tennessee Pedestrian Accident

If you're able:

Call 911 immediately - get police and medical response
Stay at the scene if possible
Get driver information - license, insurance, contact details
Identify witnesses - get names and phone numbers
Document the scene - photos of vehicles, injuries, location
Seek medical attention even if injuries seem minor

If you're seriously injured:

Focus on getting medical help
Have someone else handle documentation if possible
Don't worry about fault or statements to police initially

Follow-up actions:

Get comprehensive medical evaluation
Keep detailed records of all treatment and expenses
Don't give recorded statements to insurance companies
Contact an experienced pedestrian accident attorney immediately

Insurance Complications in Pedestrian Cases

Coverage issues:

Driver's liability insurance typically primary source of compensation
Uninsured/underinsured motorist coverage crucial for adequate compensation
Health insurance coordination for medical expenses
Possible homeowner's insurance coverage in some situations

Common insurance tactics:

Claiming pedestrian was at fault
Arguing pedestrian appeared suddenly
Minimizing injury severity and future needs
Rushing to settle before full extent of injuries is known

Why Professional Legal Help Is Critical

Pedestrian accident cases require specialized expertise:

Complex liability determinations:

Investigating accident scene and reconstructing events
Analyzing traffic patterns and sight lines
Determining driver negligence and pedestrian fault
Handling hit-and-run investigations

Severe injury documentation:

Working with medical experts to project future needs
Calculating lifetime costs of care and accommodation
Documenting impact on quality of life
Quantifying pain and suffering appropriately

Insurance company negotiations:

Overcoming bias against pedestrians
Fighting attempts to maximize pedestrian fault
Ensuring adequate compensation for catastrophic injuries
Handling coordination of multiple insurance policies

Legal deadlines and procedures:

Tennessee's strict one-year statute of limitations
Evidence preservation requirements
Expert witness coordination
Court filing and procedural requirements

Frequently Asked Questions About Tennessee Pedestrian Accidents

Do pedestrians always have the right-of-way in Tennessee?

No, while pedestrians have right-of-way in crosswalks and at intersections, they must also follow traffic laws and exercise reasonable care. However, drivers must always try to avoid hitting pedestrians even when pedestrians violate traffic laws.

Can I recover compensation if I was jaywalking when hit?

Possibly. Under Tennessee's comparative fault system, you can still recover damages if you were less than 50% at fault. Jaywalking doesn't automatically prevent recovery, but it may reduce your compensation.

What should I do if the driver left the scene?

Call 911 immediately and try to get license plate information and vehicle description. Hit-and-run is a serious crime in Tennessee, and your uninsured motorist coverage may provide compensation while police investigate.

How long do I have to file a pedestrian accident claim in Tennessee?

Tennessee has a one-year statute of limitations for pedestrian accident personal injury claims. This short deadline makes it crucial to contact an attorney immediately after your accident.

Get the Aggressive Representation You Deserve

Pedestrian accidents often result in catastrophic injuries that require substantial compensation and long-term planning. Insurance companies know this and will fight hard to minimize their payments. Don't face them alone.

Contact AskLitigation immediately for a free consultation. We have extensive experience with Tennessee pedestrian accident cases and will fight relentlessly to ensure you receive full compensation for your injuries and losses.

Remember: Tennessee's one-year statute of limitations means every day matters. Call today to protect your rights and your future.

Protecting Your Rights After a Tennessee Pedestrian Accident