If you or a loved pedestrian has been struck by an aggressive driver, and as a result injured—or even killed—you need to seek out an attorney who specializes in these types of cases. You should only consider law firms that have extensive knowledge on the topic and know how to win you the maximum compensation possible. If you’re looking for the best Murfreesboro, Tennessee has to offer, here are a few things to keep an eye out for:
Common Causes of Pedestrian Accidents
Here are the five most common causes of pedestrian accidents.
1. Distracted Drivers
If you were the victim of a pedestrian accident caused by a distracted driver, you could be compensated for your injuries. Drivers who are attentive to their cell phones, GPS devices, or other passengers instead of the road are more likely to hit pedestrians, especially ones crossing outside of designated crosswalks.
2. Drunk Drivers
Drunk drivers are a major cause of pedestrian accidents. According to the National Highway Traffic Safety Administration (NHTSA), alcohol-impaired drivers were responsible for nearly 50% of all fatal pedestrian accidents in 2018. If you were hit by a drunk driver, you may be able to receive punitive damages along with compensation for your injuries.
Many pedestrian accidents are caused by jaywalking, which is crossing the street outside of a crosswalk. In fact, about one-third of all fatal pedestrian accidents involve jaywalking, according to the NHTSA. Even though it may not seem harmful, jaywalking can have severe consequences. If you’re hit while jaywalking and injured, you may have a more difficult time getting compensated for your injuries because you’ll be considered partially at fault for the accident.
4. Poor Weather Conditions
Poor weather conditions—like rain, snow, or ice—unfortunately also often result in pedestrian accidents. Slippery roads paired with low visibility resulted in many drivers not being able to see pedestrians, which as you can guess led to a number of accidents. Even if you were hit by a driver during less-than-ideal weather circumstances, though, depending on the other details of the accident you may still be eligible for compensation for your injuries.
5. Driver Error
Pedestrian accidents are often caused by driver error, such as speeding, reckless driving, failure to yield, or improper turns. If you were hit by a driver who was behaving negligently, you may be entitled to compensation for your injuries.
Common Pedestrian Accident Injuries
There are a variety of injuries that pedestrians can sustain when they are hit by a car. Some of the most common 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 family member has been involved in a pedestrian accident, you may not know what to do next. Here is an overview of pedestrian accident claims in Tennessee so that can make the best decisions for your case.
Steps to Take After a Pedestrian Accident
If you have been in a pedestrian accident, you must follow some key steps to safeguard both your physical and legal well-being. First and foremost, see a medical professional for any injuries. Secondly, try to collect evidence at the scene of the accident if possible; this could involve taking pictures of the area or getting information from anyone who saw the collision occur.
The next step following a pedestrian accident is to contact an experienced attorney who can help you with the legal process and ensure that you receive fair compensation for your injuries. Here at Tennessee Accident Law, we have many years of experience handling pedestrian accident cases and will work hard to get you the best possible outcome for your case.
Types of Compensation Available in Pedestrian Accident Cases
If you were hurt in a pedestrian accident, you could be eligible to receive money for your medical bills, lost earnings, pain and suffering, and more. The amount of money you get will depend on the facts of your case. An attorney who is experienced with these types of cases can look at yours and give you an idea of how much it may be worth.
Who is Responsible for My Pedestrian Accident Injuries?
If you were injured or killed in a pedestrian accident in Murfeesboro, Tennessee, the responsible party will depend on the circumstances of the accident. If the driver who hit you was at fault, then he or she may be held liable for your injuries. If not, then it will depend on who owned or maintained the roadway where it happened.
If the Driver is at Fault
If the driver who hit you was driving irresponsibly when the accident occurred, then Tennessee law may hold him or her liable for your injuries. For example, if the driver sped, texting while driving, or ran a red light, then he or she is more likely to held be responsible for any damages you incurred. If you can show that it was the other driver’s fault, filing a lawsuit may help you recover some costs.
If the Driver is Not at Fault
If someone else caused the accident you were in, you may still be able to get money from another party. For example, if the cause of the accident was the bad condition on the road, then maybe you could get money from the owner or person who took care of that part of the roadway. Also, if something like a stop sign or traffic light did not work right and caused an accident, then maybe you could get money from the company that made or put up those things.
What Does Tennessee Law Say About Pedestrian Accidents?
Accidentally walking into the street gets you hit by a car. As you are injured, in pain, and lying on the ground– initial shock slowly fading– you begin to wonder who is at fault. You or the driver?
The determination of fault in a pedestrian accident case can be difficult to answer and is typically done on a per-case basis. In Tennessee, however, some general principles can help guide the decision-making process.
For example, if the pedestrian was crossing the street in a crosswalk and had the right of way, then it is likely that the driver will be found at fault. On the other hand, if the pedestrian illegally jaywalked or did not follow traffic laws in any capacity, then they may be held partially or wholly responsible for causing the accident.
If the driver was intoxicated or speeding at the time of the accident, they will most likely be found culpable.
How Long Do I Have to File a Pedestrian Accident Lawsuit?
Being hit by a car as a pedestrian is extremely serious and can leave you with costly medical bills, lost wages, and more. These severe injuries might stop you from working or enjoying your life like before. If this has happened to you, speak to a knowledgeable pedestrian accident lawyer as soon as possible so that they can walk you through your legal options and safeguard your rights.
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, this is one year from the date of the accident. For example: if you were involved in a pedestrian accident on January 1, 2020, you would have until January 1, 2021, to file your suit.
The At-Fault Driver Was Uninsured
Tragically, some drivers don’t have insurance. If the driver who hit you was one of these people, you might still be able to receive compensation for damages by filing a lawsuit against them. Even though this is an option, it’s worth mentioning that often uninsured motorists don’t own many assets. Because of this potential roadblock, speak with a pedestrian accident attorney as soon as possible before taking any legal action.
Don’t Talk to Anyone on the Other Side Before Speaking with a Lawyer
After you’ve been hit by a car while walking, one of the first things that will happen is that an insurance company may try to pressure you into signing away your rights. They might offer you quick money, but it’s important to understand what could happen if you take their deal before making any decisions.
These offers are usually significantly lower than what you’re legally entitled to. Also, once you accept their offer and waive your rights, you can’t go back and ask for more money. For these reasons, it’s always best to speak with a lawyer before talking to anyone from the other side.
Why You Shouldn’t Accept the First Offer
Insurance companies will almost always give you a lowball offer after an accident. They would rather save themselves money than fully and fairly compensate you for your losses.
Don’t jump at the first offer from the other party’s insurance company—once you accept, you cannot go back and ask for more. It may seem like a lot of money up front, but if it doesn’t cover all your medical bills, lost wages, etc., then you’ll have financial trouble later on.
What a Lawyer Can Do For You
A lawyer can help you get the full amount that you deserve from an insurance company, rather than just a quick settlement. We’ll review the facts of your case and determine how much your claim is worth. Then we’ll negotiate with the insurance company on your behalf to try and get you what you’re owed.
We will do everything in our power to reach an agreement with the insurance company, but if we can’t come to terms, then we’re prepared to take them to court. Rest assured that no matter what happens, we’ll be by your side through the entire process and fight tooth-and-nail for the compensation you deserve according to legal standards.
How are We Different from Other Firms?
1. We Have a Proven Track Record of Success.
Select our firm with confidence knowing that you’re working alongside a team of winners. We have recovered millions of dollars for past clients and continue to do so, through both settlement negotiations and trials. No matter how complicated your case may be, we possess the required know-how and expertise to help obtain the outcome you’re entitled to.
2. We’re Compassionate and Caring.
We know how tough it is to go through a pedestrian accident–both physically and emotionally. You can always count on us to be by your side and help you out, no matter what step you’re at.
3. We’re Available 24/7.
Being involved in a pedestrian accident can be overwhelming, and we want to help you through the process. You can always reach us by phone or email, 24/7.
4. We Offer Free Case Evaluations.
We recognize the gravity of choosing an attorney, which is why we offer free case evaluations. You can come to meet with us and get to know us better without feeling any pressure to commit to our firm. This way, you can feel confident that you’re making the best decision for your needs.
5 . We Have Extensive Resources.
Our promise to you is that we will stop at nothing to build a watertight case. Our firm has access to everything from expert witnesses and investigators, to the latest technology. So no matter what challenges come up, we’ll be able to tackle them head-on.
Do I Need a Lawyer for a Pedestrian Accident Case?
After you’ve been in an accident, go to a doctor even if you think your injuries aren’t severe. Then, collect evidence at the scene, like photos of the damage to your property and clothing, pictures of the area where it happened, and witnesses’ contact information. After you have all that, decide whether or not you need legal help.
The most frequent explanation for why individuals choose to acquire lawyers after being involved in pedestrian accidents is that numerous people don’t understand how to manage the insurance claims process by themselves—which makes total sense. contending with Insurance companies is famously complicated, except if you have past experiences and then it can be distressing as well as Outrageous.
In addition to individuals taking legal action on their own, people often choose to hire lawyers so that they have someone fighting for them. This is especially relevant when a pedestrian accident happened due to another person’s negligence or carelessness. If, for example, you were hit by a driver who was under the influence of alcohol or distracted while driving because they were texting, you might want to consider hiring an attorney.
How Much Do We Charge?
On a contingency fee basis, you only pay us if we win your case–so rest assured knowing that our interests are aligned with yours.
How Contingency Fees Work
A contingency fee is an agreement between a lawyer and a client in which the payment is based on whether the lawyer wins the case. If the lawyer does not win, the client doesn’t owe anything. In most cases, if successful, the lawyer will charge a percentage of the money recovered.
For example, if you were to hire a law firm to represent you in a pedestrian accident case, and the lawyer agreed to work on a contingency fee basis–meaning they would only receive a payment if money was recovered for you–they may charge 33% of that amount as their fee.
Why We Charge Contingency Fees
We choose to charge contingency fees because we believe that everyone should have access to justice, regardless of their financial situation. If we were to opt for an hourly rate, many people would be unable to afford our top-tier services. By agreeing on a contingency fee basis, we’re able to help more marginalized groups get the justice and compensation they rightly deserve.
Where Do I Start This Process of Pursuing a Recovery for My Loss?
If you’re unclear about where to begin with recouping your losses, here are some tips to set you on the right path.
Get Medical Attention Immediately
Your health and well-being should be your primary focus after you’ve been hit by a car. Though you may not feel like you were seriously injured, it’s still important to see a medical professional. Injuries such as brain trauma might not show symptoms immediately. So, it’s better to play is safe and get checked out right away than wait for problems to develop later on down the road.
Following medical professionals’ suggestions for care and treatment will expedite your physical recovery as well as generate supportive documentation for your legal case.
Speak to an Experienced Attorney
After you’ve been hit by a car, the next step is to talk to a lawyer who knows of pedestrian accidents. They will be able to review your case and tell you what the best option is for getting compensated. If you want to sue, they will also take care of all the legal documents and back-and-forth communication so that you can focus on feeling better physically and mentally.
Know Your Rights
In Murfreesboro, Tennessee, pedestrians have the right of way at crosswalks and intersections. If you were hit by a car while crossing in a designated crosswalk or intersection, then the driver is usually at fault—even if they had a green light. Drivers who were speeding ran a red light, or broke other traffic laws may be held liable for damages. To increase your odds of getting the compensation that you deserve, learn as much as possible about how this law applies to pedestrian/car accidents specifically.
If you or a loved one has been injured in a pedestrian accident, you must find an experienced attorney to help you get the compensation you deserve. At Tennessee Accident Law, we will provide a free case evaluation so that you can understand your options and next steps. Contact us today to get started.