If you or someone you care about has been hurt—or worse, killed—in a pedestrian accident, you must find an attorney who specializes in these types of cases and knows how to get you the money you deserve. But with tons of law firms available, how do select the best one? Here are some things to keep an eye out for as you look for the ideal pedestrian accident attorney in Spring Hill, Tennessee.
Common Causes of Pedestrian Accidents
Here are the five most common causes of pedestrian accidents.
1. Distracted Drivers
If you were hit by a driver who wasn’t paying attention, you might be able to get money for your injuries. Common causes of distracted driving include using a cell phone, or GPS device or talking to other people in the car. You’re especially vulnerable if you’re crossing the street outside of a crosswalk.
2. Drunk Drivers
Drunk drivers often cause 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 get punitive damages on top of compensation for your injuries.
When a pedestrian crosses the street unlawfully outside of a crosswalk, this is called jaywalking. It might not seem harmful, but unfortunately, jaywalking is one of the primary reasons for pedestrian accidents—in fact, about 33% of fatal pedestrian accidents occur from jaywalking, as stated by the NHTSA. If you were hit while crossing unlawfully, you may have more difficulty recovering compensation because the partial fault can be placed on you.
4. Poor Weather Conditions
Unfavorable weather conditions—like rain, snowfall, or ice—can also play a role in pedestrian accidents. It’s difficult for drivers to see pedestrians when the roads are icy and visibility is low, which can result in collisions. Even if you were hit by a car during inclement weather, you might still be eligible to receive compensation for your injuries depending on the accident’s details.
5. Driver Error
Another primary cause of pedestrian accidents is driver error, which can refer to anything from speeding and careless driving to not yielding the right-of-way and making improper turns. If you were hit by a motorist who was driving negligently, you might be eligible for receiving financial 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
After a pedestrian accident, you may not know where to turn or what to do next. This post will provide an overview of pedestrian accident claims in Tennessee so that you have all the information you need to make informed decisions about your case.
Steps to Take After a Pedestrian Accident
If you are hit by a car, your safety and legal rights should be your top priorities. Seek medical attention for any injuries as soon as possible. If the situation allows, collect evidence at the accident scene, such as taking pictures or getting contact information from witnesses.
If you have been injured in a pedestrian accident, reach out to an experienced attorney at Tennessee Accident Law. We dedicate our time and resources into getting fair results for people who have suffered due to the negligent actions of others.
Types of Compensation Available in Pedestrian Accident Cases
Have you been hit by a car while walking? You might be owed reimbursement for hospital bills, lost earnings, agony, and more. How much you are entitled to collect will depend on the details of your accident. A knowledgeable pedestrian injury lawyer can assess your case and give you a rough calculation of what your suit is worth.
Who is Responsible for My Pedestrian Accident Injuries?
If you were injured or killed in a pedestrian accident in Spring Hill, Tennessee, the liable party will depend on who owned or maintained the roadway where the accident occurred and the driver’s level of fault.
If the Driver is at Fault
If the individual driving the car that hit you was to blame, then they could be held accountable for your injuries under Tennessee law. If it can be proven that they were not driving cautiously or recklessly when the accident transpired, then an example of this would be if they were speeding or texting while driving. Then and only then will you likely receive compensatory damages from them.
If the Driver is Not at Fault
If the at-fault driver doesn’t have insurance or doesn’t have enough coverage, you may still be able to recover compensation from another source. For example, if the accident was caused by a hazardous condition on the roadway, you might get compensated from the party who owned or maintained it. Similarly, if the accident resulted because of a defective traffic control device–such as a stop sign or traffic signal–then you could receive damages from whoever manufactured or installed it.
What Does Tennessee Law Say About Pedestrian Accidents?
As you walk across the street, listening to cars zip by, you hear a sudden screech and feel pain as your body hits the ground. You were just hit by a car. Once the initial shock subsides, you start to wonder: who is at fault?
The blame for pedestrian accidents in Spring Hill, Tennessee is not always cut-and-dry; it depends on the situation. Nevertheless, some basic guidelines can be followed 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 t
If the driver was under the influence of drugs or alcohol or speeding at the time of the accident, they will likely be held responsible.
How Long Do I Have to File a Pedestrian Accident Lawsuit?
If you or a loved one has been seriously injured in a pedestrian accident, contact an experienced attorney today. You may be facing steep medical bills, lost wages, and other costs associated with your injuries. These severe injuries can prevent you from going back to work or living the life you once enjoyed. An experienced pedestrian accident attorney will review your case and protect your rights.
The State in Which the Accident Occurred
The statute of limitations is the time limit you have to file a lawsuit after being injured. In Tennessee, the statute of limitations for filing a personal injury lawsuit from the date of the accident is one year. For example, if someone was involved in a pedestrian accident 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 wasn’t insured, you may still be able to receive damage compensation by suing the at-fault driver. However, many uninsured drivers don’t have assets, so you must speak with a knowledgeable pedestrian accident lawyer before taking any action.
Don’t Talk to Anyone on the Other Side Before Speaking with a Lawyer
Be wary of insurance companies after you’ve been in a pedestrian accident. They may try to get you to sign away your rights and accept a quick settlement, but it’s important to understand the implications of such an agreement before making any decisions.
These offers are generally a lot lower than what you could get if you went through the typical legal process. And after you’ve agreed to their terms and given up your rights, there’s no turning back or asking for more money. That’s why it’s always best to consult with a lawyer before talking to anyone from the other side.
Why You Shouldn’t Accept the First Offer
More often than not, the first insurance offer post-accident will be much lower than what you’re owed. The company’s goal is to save money, rather than fairly compensate you for your damages.
If you accept an insurance company’s offer, you cannot go back and ask for more money later. So even if their offer seems like a lot of money at first, if it does not cover all of your medical bills, lost wages, and other expenses, then you could have financial trouble in the future.
What a Lawyer Can Do For You
A lawyer can help you get the full compensation you deserve, not just a quick settlement that is below the value of your claim. We will review the facts of your case and work with the insurance company to negotiate on your behalf.
If we can’t come to terms with the insurance company, then we’re prepared to take them to court. But no matter what happens, we’ll be by your side and fight for the compensation that you’re entitled to under the law.
How are We Different from Other Firms?
1. We Have a Proven Track Record of Success.
By working with us, you will have the backing of a team that has a long history of success. We have secured millions of dollars for other clients and know how to get you the settlement or trial win you want. Your case might be difficult, but we are equipped to handle it however necessary to produce results.
2. We’re Compassionate and Caring.
We know that a pedestrian accident can have detrimental effects, both physically and emotionally. Trust us to be by your side as you progress through this tough journey, offering the care and assurance you need every step of the way.
3. We’re Available 24/7.
We understand that when you’re injured in a pedestrian accident, quick action is crucial. That’s why we offer 24/7 customer service and are always available to answer your questions via phone or email–no matter the time of day.
4. We Offer Free Case Evaluations.
We strongly believe that you should have all of the information necessary to make an informed decision about your case, which is why we offer free consultations. Come meet with us and learn more about how we can help you without any pressure to move forward.
5 . We Have Extensive Resources.
With the multitude of resources at our firm’s disposal, we will be able to construct a compelling case for you. For example, we have access to expert witnesses who can give important testimony, investigators who can collect vital evidence, and cutting-edge technology that can recreate the accident scene. With these tools at our disposal, we will be prepared for any challenges that may arise during your case.
Do I Need a Lawyer for a Pedestrian Accident Case?
After being in any kind of accident, go to a doctor even if you believe your injuries are small. After that, collect as much evidence as possible from the scene of the accident. This includes pictures of damages to both your body and clothing, pictures of the surrounding area, and contact information for anyone who saw what happened. Once you have all this information gathered up, then you can start thinking about whether or not hiring a lawyer is something you need to do.
After a pedestrian accident, many people choose to lawyer up for a few reasons. The most common one? Insurance companies are tough to work with if you don’t have experience, and most people simply want to avoid the headache.
Pedestrians who are injured in accidents caused by another person’s negligence often want to hire a lawyer for advocacy and proper compensation. If you were hit by a drunk driver or someone who was texting while driving, for example, you may want to consider hiring a lawyer to help you get justice.
How Much Do We Charge?
We only get paid if we win your case, so you have nothing to lose by working with us.
How Contingency Fees Work
A contingency fee is an agreement between a lawyer and a client where the payment the lawyer receives is contingent or based on, whether they win the case. If they don’t win, the client doesn’t owe anything. In most cases, 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, the lawyer may agree to receive 33% of any money recovered for you only if they win your case. This is what’s known as a contingency fee basis. If successful, the lawyer will take their cut from the total amount recovered. But if not–you won’t owe them anything.
Why We Charge Contingency Fees
We work on a contingency fee basis because we think that everyone deserves access to justice, regardless of how much money they have. If we charged by the hour, lots of people wouldn’t be able pay for our help. By working this way, we can assist more individuals in getting the judiciary backing and compensation they’re entitled to.
Where Do I Start This Process of Pursuing a Recovery for My Loss?
Not sure how to start recovering from your losses? Here are some helpful tips to get you on the right track.
Get Medical Attention Immediately
Your health is the most essential thing to focus on after a pedestrian accident. You might not think that you have been seriously injured, but it is crucial to go see a medical professional as soon as possible. Injuries such as traumatic brain injuries may not be visible right away. It is better to play things safe by getting a full medical evaluation done immediately. After being seen by the doctor, make sure to follow their instructions for future care and treatment options..
This will not only help you recover physically, but it will also create a paper trail that can be used as evidence in your case.
Speak to an Experienced Attorney
The next step to take is to contact a lawyer who knows pedestrian accident cases like the back of their hand. They will review your case and tell you what the best option is for you to get compensated. If you want to file a lawsuit, your attorney will fill out all of the necessary paperwork and do all communication between parties so that you can concentrate on feeling better again physically and emotionally.
Know Your Rights
In Tennessee, pedestrians always have the right of way at crosswalks and intersections. If you were hit by a car while crossing the street in one of these areas, generally speaking, the driver is responsible—even if they had a green light. If lawbreaking was involved on their part, however—like speeding or running a red light—they may be held liable for resulting damages. After arming yourself with this valuable information specific to your situation, you can go after just compensation more confidently.
If you or a close family member has been hurt in a pedestrian accident, finding an expert lawyer to manage your case is critical to get the best possible outcome. You can reach out to us at Tennessee Accident Law for a complimentary case review now.