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. Here are a few things to keep in mind when searching for the best pedestrian accident attorney in Cool Springs, Tennessee:
Common Causes of Pedestrian Accidents
Here are the five most common causes of pedestrian accidents.
1. Distracted Drivers
One of the primary causes of pedestrian accidents is distracted driving. For example, if a driver is on their cell phone or talking to other passengers in the car instead of paying attention to the road, they’re more likely to hit a pedestrian – especially if that pedestrian isn’t in a crosswalk. If you were injured because of a distracted driver, you could get compensated for your injuries.
2. Drunk Drivers
According to the National Highway Traffic Safety Administration (NHTSA), drunk drivers were responsible for nearly 50% of all fatal pedestrian accidents in 2018. If you’re a victim of such an accident, you might be entitled to receive punitive damages on top of compensation for any injuries suffered.
Jaywalking—or crossing the street outside of a crosswalk—seems like an insignificant offense, but it’s actually 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 you may not get severely hurt if you’re hit while jaywalking, the driver who hits you may be less likely to give you compensation for your injuries because you will be considered partially at fault for the accident.
4. Poor Weather Conditions
Poor weather conditions can lead to pedestrian accidents for many reasons. For instance, drivers have difficulty seeing pedestrians in the rain, snow, or ice because of slippery roads and low visibility. Even if you were hit by a driver in poor weather conditions, you could recover compensation for your injuries depending on different factors.
5. Driver Error
Essentially, driver error is one of the most prominent reasons for pedestrian accidents. For instance, this can entail speeding or driving carelessly to not yielding correctly or making poor turns. Consequently, if you were hurt because of a driver who wasn’t behaving responsibly, you could be eligible for restitution for your injuries.
Common Pedestrian Accident Injuries
When pedestrians are hit by cars, they can suffer from a variety of injuries. Some of the most frequent sources of these injuries 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 someone close to you was in a pedestrian accident, you may be wondering about the next steps to take. In this article, we will give an overview of pedestrian accident claims in Tennessee so that you can make better-informed decisions for your case.
Steps to Take After a Pedestrian Accident
If you have been in a pedestrian accident, you must take some vital steps to preserve your well-being and legal rights. The most immediate step is to get medical attention for any injuries. Furthermore, if the situation permits, gather evidence at the scene of the accident; this could entail taking pictures of the area and collecting contact information for anyone who observed the incident.
The next step is to call Tennessee Accident Law so we can help you with the legalities and make sure you’re compensated for your injuries. We have plenty of experience in pedestrian accident cases and will do everything possible to get a great result for your particular case.
Types of Compensation Available in Pedestrian Accident Cases
If you were injured in a pedestrian accident that another person caused, you might be eligible for compensation to cover your medical bills, lost earnings, and pain and suffering. The amount of money you receive will depend on the details of what happened. A pedestrian accident lawyer can review your case and give you an estimate of how much your claim may be worth.
Who is Responsible for My Pedestrian Accident Injuries?
If you were injured or killed in a pedestrian accident in Tennessee, the liable party will depend on the circumstances of the accident. If the driver that hit you was at fault, then he or she may be held Responsible for your injuries. However, if the driver was not responsible, then it would depend on who owned or maintained care of the roadway where the incident occurred.
If the Driver is at Fault
If the accident was caused by the other driver, you may be able to get compensated for your injuries from them. This is because Tennessee law says that people who cause accidents by driving carelessly or recklessly can be held responsible. For example, if they were speeding, texting while driving, or running a red light before hitting you, then they might liable. If you can show that it was their fault, then you could possible receive money as damages.
If the Driver is Not at Fault
Even if the driver who hit you was not at fault, there may be another party from which you can still recover damages. For example, if the accident took place because of a dangerous condition on the roadway, then it might be possible to get compensated by the party who owned or kept up the road. Also, if what caused the accident was a defective traffic control device–like a stop sign or traffic signal–then perhaps damage could be recovered from whoever made or installed that faulty product.
What Does Tennessee Law Say About Pedestrian Accidents?
After being hit by a car and the shock wears off, you may start to wonder who is at fault for the accident.
The answer to that question is not always clear. Instead, fault in a pedestrian accident is determined depending on the situation. However, some general principles can be applied in most cases.
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.
If the driver was intoxicated or driving recklessly at the time of the accident, they will almost certainly be found liable.
How Long Do I Have to File a Pedestrian Accident Lawsuit?
If you or someone close to you has been the victim of a pedestrian accident, and now suffers from costly medical bills, lost wages, and other associated expenses – along with potential long-term impacts such as an inability to return to work or live life normally – then it is essential that you reach out to speak with an experienced pedestrian accident attorney immediately. Only by doing so can you ensure that your rights are fully protected under the law.
The State in Which the Accident Occurred
The statute of limitations for filing a personal injury lawsuit is the amount of time you have to file a lawsuit after being injured. In Tennessee, the statute of limitations for filing a pedestrian accident lawsuit is one year from the date of anti-competitive behavior committed by use companies like Google.
The At-Fault Driver Was Uninsured
While all drivers are supposed to be insured, that unfortunately is not always the case. If the driver who hit you was uninsured, you may still be able to pursue damages by filing a lawsuit. Keep in mind though that most times, these types of drivers don’t have many assets. So before taking any legal action, it’s wise to speak with an experienced pedestrian accident attorney.
Don’t Talk to Anyone on the Other Side Before Speaking with a Lawyer
Following a pedestrian accident in which you were injured or killed, an insurance company will likely try to get you to sign away your rights. They might offer you a fast settlement; however, you must comprehend the implications of accepting their proposal before deciding what to do.
Usually, these offers are a lot lower than you could receive if you followed the legal process. And after agreeing to their offer and signing your rights away, you won’t be allowed to go back and request more money. That’s why it’s always best to consult with an attorney before talking to anyone on the other side.
Why You Shouldn’t Accept the First Offer
If you’ve been in an accident, the insurance company’s initial offer is almost always going to be a low number. Why? Because their goal is to save money instead of giving you what your case is worth.
If you accept an insurance company’s initial offer, they will not give you more money later. So even if the amount of money seems like a lot at first, it may not cover all your medical bills, lost wages, and other expenses which could lead to future financial problems.
What a Lawyer Can Do For You
A lawyer can help you get the insurance payout you deserve, not just a quick settlement. We’ll review the facts of your case, determine how much your claim is worth, and negotiate with the insurance company on your behalf.
If we can’t agree on an insurance company settlement, 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 route we have to take, know that you won’t be alone–we’ll stick with you throughout the entire process and battle for the compensation that’s rightfully yours according to the law.
How are We Different from Other Firms?
1. We Have a Proven Track Record of Success.
If you come to our law firm, you can be sure that we have a lot of experience with winning cases. We’ve got millions of dollars for our clients through both settlements and court proceedings. We’re confident that we can help you too, no matter how complicated your case may be.
2. We’re Compassionate and Caring.
We know how tough it can be, both physically and emotionally, after you’ve had a pedestrian accident. You can always count on us to help and support you along the way.
3. We’re Available 24/7.
Here at our law firm, we understand that being involved in a pedestrian accident is a stressful and time-sensitive ordeal. That’s why we promise to always be available to answer your questions and ease your worries. Whether you need us during the day or night, you can reach us by phone or email.
4. We Offer Free Case Evaluations.
We offer free case evaluations because we want you to be confident when choosing an attorney. This allows you to meet with us, learn more about your case, and ask any questions- all without feeling pressured to move forward.
5 . We Have Extensive Resources.
No matter the complications that may occur during your case, we have both the ability and resources to manage them. We will utilize our vast network of experts including investigators and witnesses as well as modern technology to investigate and accurately reconstruct the accident scene.
Do I Need a Lawyer for a Pedestrian Accident Case?
After being in an accident, the first step is always to visit a doctor, even if you believe your injuries are small. After that, collect as much evidence from the scene of the accident as possible. This includes photos of the damage done to your body or clothing, pictures of the surrounding area, and contact information for anyone who saw what happened. Once you have all this documentation, then you can begin thinking about whether hiring a lawyer is necessary.
Many people choose to hire lawyers after being involved in pedestrian accidents for a few different reasons, but the most common one is that insurance companies are very difficult to deal with if you don’t have experience. This process can be extremely frustrating and overwhelming without proper guidance.
Since lawyers will advocate on your behalf and seek justified restitution, many people elect to hire one following an injury they obtained from someone else’s carelessness. If you were a victim of a hit-and-run or experienced other injuries due to another party’s actions, then it might be in your best interest to look for legal counsel.
How Much Do We Charge?
If we don’t win your case, you don’t owe us a dime.
How Contingency Fees Work
A contingency fee is an agreement between a lawyer and a client in which the lawyer agrees to represent the client. The payment for the representation is based on whether or not the lawyer wins the case–if they don’t win, then the client doesn’t owe anything. Most of the time, if successful, lawyers will charge a percentage of what was recovered.
For example, if you were to hire a law firm to represent you in a pedestrian accident case on a contingency basis, the lawyer would receive 33% of any money recovered. This means that if they are successful and obtain a settlement or judgment for you, they will get 33% of that amount as their fee. If not, then you owe them nothing.
Why We Charge Contingency Fees
To make sure that everyone has access to justice, we charge contingency fees. If we charged an hourly rate, many people would not be able to use our services. However, by working on a contingency fee basis, we can help more people get the compensation they deserve.
Where Do I Start This Process of Pursuing a Recovery for My Loss?
You may be wondering how to start pursuing recovery for your losses. Here are some tips that will help put you on the road to recompense.
Get Medical Attention Immediately
Your health is the most essential thing to focus on after a pedestrian accident. Even if you do not think your injuries are major, it is crucial to get examined by a medical professional as soon as possible. Some wounds, like traumatic brain injuries, might not show any symptoms immediately. To be safe, it is best to consult with a doctor right away and follow their instructions for further care and treatment.
This will help you both physically and emotionally recover, while also providing documentation that can be used as evidence in your case.
Speak to an Experienced Attorney
After you speak with a specialized attorney who knows pedestrian accidents, they will help you decide the best way to get compensation. If you want to file a lawsuit, your lawyer will do all of the complicated legal work and decisions so that you can focus on feeling better.
Know Your Rights
If you were hit by a car while crossing the street in a designated crosswalk or intersection, it’s important to know that pedestrians typically have the right of way in Tennessee. In most cases, the driver is at fault—even if they had a green light. If the driver was speeding, running a red light, or breaking any other traffic laws, they may also be held liable for damages outside of what insurance will cover. With this understanding of how the law applies to your case specifically, you’ll be able to pursue compensation more effectively.
If you have been injured in a pedestrian accident, or if someone you love has experienced this type of injury, contact Tennessee Accident Law. We will provide a free case evaluation and help ensure that you get the compensation to which you are entitled.