Pedestrian Accidents: How to Seek Compensation for Injuries Sustained by a Pedestrian
When a pedestrian is hurt by a motor vehicle, the recovery process can be overwhelming. Fortunately, legal professionals can provide the support these individuals need.
The Law Office of Joshua S. Reed, serving Knoxville, Tennessee, and Farragut, Tennessee, stands ready to help walkers injured in collisions. Our focus is on protecting your rights after a pedestrian accident and guiding you through the personal injury claim.
We understand how frightening it can feel when medical bills mount, lost wages loom, and pain interrupts daily life. With years of experience in Tennessee personal injury law, we work to help you secure compensation so you can focus on healing.
Causes of Pedestrian Accidents in Tennessee
Pedestrian accidents often arise from driver negligence or hazardous road conditions. We encounter cases where distracted drivers, speeding, and failure to yield result in serious harm. In Knoxville and Farragut, busy intersections and poorly lit crosswalks can increase risks. Common causes include:
Distracted driving: Texting, calls, and other distractions cause drivers to miss seeing walkers.
Speeding: Vehicles traveling over speed limits have less time to stop, increasing impact force.
Failure to yield right of way: Drivers who ignore crosswalk signs or fail to watch for pedestrians create dangerous situations.
Impaired driving: Alcohol or drug use seriously affects a driver’s reaction time and judgment.
Poor road design or maintenance: Broken sidewalks, missing signage, and inadequate lighting contribute to dangerous environments.
Every accident has its own set of circumstances. By reviewing police reports, witness statements, and traffic camera footage, we piece together how negligence led to your injuries. Building a clear picture of fault is crucial when pursuing a personal injury claim.
Common Injuries From Pedestrian Accidents
When a vehicle strikes a walker, the injuries can be catastrophic. We see a wide range of harm, from fractures to traumatic brain injuries. Understanding these injuries helps set realistic expectations for treatment and compensation. Typical injuries include:
Bone fractures: Legs, arms, and pelvis are vulnerable when hit by a vehicle. Broken bones often require surgery, casting, and extensive rehabilitation.
Head injuries: Even a low-speed impact can cause concussions or traumatic brain injuries. Long-term cognitive effects may follow.
Spinal cord injuries: Damage to the spinal cord can result in partial or full paralysis. These injuries carry lifelong medical needs.
Internal organ damage: Blunt force trauma can harm internal organs, requiring emergency surgery and hospitalization.
Soft tissue injuries: Sprains, strains, and ligament tears might not be visible but still cause significant pain and functional limits.
Treating these injuries often involves multiple doctors—orthopedic specialists, neurologists, and physical therapists. Rehabilitation can take months or years. In a personal injury claim, we calculate compensation based on past and future medical expenses, lost wages, and pain and suffering.
Tennessee Laws Affecting Pedestrian Accident Claims
Tennessee law sets specific rules for personal injury claims, including statutes of limitations and comparative fault. We must act quickly to meet deadlines and build a solid case. Key statutory provisions include:
Statute of limitations: You generally have one year from the accident date to file a lawsuit (§ 28-3-104). Missing this window usually ends your right to sue.
Comparative fault: Tennessee follows a modified comparative fault rule (§ 55-12-115). If you share blame for the accident, your compensation is reduced by your percentage of fault. You can’t recover damages if you’re more than 50% at fault.
Pedestrian right of way: Drivers must yield to pedestrians in crosswalks and at intersections, unless a traffic signal indicates otherwise (§ 55-8-131). Violations strengthen your claim when establishing driver negligence.
Knowing these rules helps us anticipate challenges from the opposing side. Insurance companies may argue that you were partially at fault—perhaps crossing improperly or not wearing visible clothing at night. With detailed evidence, we address these defenses and work to minimize any fault attributed to you.
Steps to Take After a Pedestrian Accident
Immediate actions following a collision significantly impact the strength of your personal injury claim. We recommend taking the following steps:
Seek medical attention
Prioritize medical evaluation: Even if injuries seem minor, some conditions—like concussions or internal bleeding—may not appear right away. Prompt treatment creates medical records that link your injuries to the accident.
Follow through with recommended care: Skipping appointments or therapy sessions can hurt your claim. Insurance adjusters look for gaps in treatment to argue that injuries aren’t serious.
Report the accident to law enforcement
Obtain a police report: An official report documents the scene, witnesses, and preliminary fault determinations. It serves as a foundational piece of evidence.
Gather contact information: Note the driver’s name, insurance details, and license plate. Collect information from any witnesses.
Preserve evidence
Take photos: Capture vehicle damage, skid marks, traffic signals, and your visible injuries. Photographs, taken promptly, provide reliable snapshots of the scene.
Keep clothing and personal items: Items you wore during the accident—like torn clothing or damaged shoes—may help demonstrate the force of impact.
Notify your insurance company
Report accurately: Give a factual account without admitting fault. Cooperate, but avoid speculation. Anything you say may be used against you.
Avoid recorded statements: Insurers often request recorded statements. We typically advise you to request our presence or delay until we review details.
Contact a personal injury attorney
Seek legal counsel early: We can guide you through insurance negotiations, protect your rights, and handle communications with opposing parties. Early involvement assures no mistakes that could undermine your claim.
By following these steps, you lay the groundwork for a stronger claim. Documenting injuries, preserving evidence, and notifying the insurer promptly reduces the risk of the insurance company disputing causation or severity.
Building a Strong Personal Injury Claim
A successful claim rests on establishing four core elements: duty, breach, causation, and damages. We organize evidence and craft arguments to satisfy each:
Duty: Drivers owe a duty of care to pedestrians under Tennessee law. We demonstrate that the driver failed to uphold this duty by showing they violated traffic laws—like failing to stop at a crosswalk or ignoring a red light.
Breach: We pinpoint how the driver’s actions breached that duty. For example, speeding in a school zone or texting while driving constitutes a breach of duty.
Causation: You must prove that the breach directly led to your injuries. Medical records, expert testimony, and accident reconstruction evidence show how impact forces caused bone fractures or brain injuries.
Damages: We quantify losses, including medical bills, lost wages, future care costs, pain and suffering, and loss of enjoyment of life. Supporting documentation—medical bills, pay stubs, and expert reports—reinforces our demand for compensation.
We’ll take the following steps when assisting you with your claim:
Gathering Medical Evidence
We collect all medical records, hospital bills, and therapy reports. Itemized invoices provide clarity on treatment costs. Expert medical opinions may be required to project long-term prognosis and future expenses.
Documenting Lost Income
If your injuries prevent you from working, we obtain wage statements and employer letters. In severe cases, vocational experts help determine earning capacity if you can’t return to your previous job.
Incorporating Pain and Suffering
Assigning a value to non-economic damages requires sensitivity and precision. We detail how injuries limit daily activities, hobbies, and relationships. Testimony from friends, family, and medical providers illustrates the injury’s impact on quality of life.
By compiling robust evidence and expert opinions, we bolster each element of the claim. Insurers are less likely to offer lowball settlements when faced with comprehensive documentation.
Contact Us Today
At the Law Office of Joshua S. Reed, we sympathize with the physical, emotional, and financial toll a pedestrian accident brings. We pride ourselves on providing compassionate, aggressive representation for injured walkers. Our firm serves Knoxville, Tennessee, and Farragut, Tennessee, and surrounding counties, including Anderson, Blount, Union, Maryville, Oak Ridge, and Clinton. Get in touch today.