Nashville Pedestrian Accident Lawyers
Pedestrian accidents can happen when you least expect them. You may be following the rules of the road and walking on the sidewalk when a distracted driver swerves and hits you. Regardless of the exact circumstances, if a motorist is to blame for hitting you with their vehicle, they should have to pay you compensation for the harm they’ve caused you.
The legal team at Minner Vines Injury Lawyers, PLLC is here to help you demand that fair compensation. Our Nashville pedestrian accident lawyers are dedicated to providing comprehensive legal assistance to victims of pedestrian accidents. Contact us today for a free consultation, and we’ll tell you how we can pursue your case while you focus on resting and getting better.
Understanding Pedestrian Rights in Nashville
Pedestrian accidents are a far-too-common occurrence in the Nashville area, affecting hundreds of people in Davidson County annually. To combat this issue, Tennessee has enacted laws meant to protect pedestrians by giving them the right of way in many situations. Drivers must:
- Maintain control of their vehicles and operate them at a safe speed
- Yield to pedestrians in marked crosswalks and those walking out of alleys or driveways
- Refrain from using handheld phones and other electronic devices
- Refrain from passing vehicles stopped for pedestrians crossing within marked crosswalks
- Take reasonable precautions to avoid hitting pedestrians, even those in the roadway illegally
The law also affords pedestrians certain rights, including the right to:
- Use any road that is not access-controlled (for example, a raised highway)
- Cross the road wherever they choose as long as there is not a local law against doing so or a signal-controlled intersection has been provided
Contact Pedestrian Accident Lawyers in Nashville
What Causes Pedestrian Accidents in Nashville?
Pedestrian accidents can occur for many different reasons, including driver negligence and poor road conditions. These accidents often result in severe injuries due to the lack of protection pedestrians have compared to those in vehicles. Here are some common pedestrian accident scenarios in Nashville:
Common Injuries in Pedestrian Accidents
Pedestrians are inherently vulnerable in the event of a traffic collision. As a result, the injuries they sustain are often severe. Some common pedestrian accident injuries include:
- Head Injuries
- Spinal Cord Injuries
- Fractures and Broken Bones
- Internal Injuries
- Lacerations and Bruising
In many cases, these injuries can lead to long-term impairment, including traumatic brain injuries (TBI) and paralysis.
What to Do After a Pedestrian Accident
What you do after a pedestrian accident can have a big effect on your health and your ability to pursue compensation. With that in mind, take as many of the following steps as possible:
Seek medical attention 1
even if you believe your injuries are minor. Some injuries may not be immediately apparent and can worsen over time.
Report the accident 2
to the police and obtain a copy of the accident report. Alert your auto insurance provider if you have one.
Document the incident 3
by taking photos at the scene, writing down your account of the accident while your memory is fresh, and keeping copies of your medical bills.
Avoid making statements 4
to insurance companies or other parties involved in the accident. Do not admit fault.
Finally, contact a skilled pedestrian accident lawyer as soon as possible. They can review the evidence you gathered and advise you on your options for pursuing compensation during a free consultation.
Proving Negligence in Pedestrian Accident Claims
Pedestrian accidents often involve the legal theory of negligence. Drivers likely did not intend to cause harm, but their actions were careless. Negligence has four elements:
- Drivers have a duty to obey the rules of the road and practice safe driving.
- If they breach that duty by using their phone or speeding
- And that breach is the direct cause
- Of a pedestrian being injured
Alternately, if the driver broke a traffic law, a lawyer can make use of the theory of negligence per se, which holds that someone who violates a statute meant to ensure safety is automatically presumed to have breached their duty of care.
If the elements of negligence are in place, you may hold the driver liable for the harm you suffered. Every case is different. It may be necessary to consult a Nashville personal injury attorney to address the specifics of your case.
Compensation in Pedestrian Accident Cases
The financial compensation you may receive includes both economic damages and non-economic damages. Economic damages are those with specific dollar values attached to them, such as lost income or medical bills. Non-economic damages are those that are more subjective in nature, such as your pain and suffering. Tennessee law caps the amount you can receive for non-economic damages at $750,000.
Depending on the circumstances, you could be entitled to money for your:
- Medical Expenses
- Lost Wages
- Pain and Suffering
- Loss of Enjoyment of Life
If the at-fault party behaved especially egregiously—such as by driving while extremely intoxicated—you could also claim punitive damages. Unlike economic and non-economic damages, punitive damages do not compensate you for something you suffered. Instead, they punish the at-fault party and deter others from engaging in similar behavior.
Legal Rules Affecting Pedestrian Accident Claims in Tennessee
Tennessee has a number of laws concerning personal injury claims that all pedestrian accident victims should understand.
First, the modified comparative fault rule means that you can still recover compensation even if you are partially at fault for the accident. However, the court will reduce your compensation by your percentage of fault, and you will not recover any damages if you are 50% or more at fault. A skilled lawyer can determine fault accurately and push back against any attempts to shift the blame onto you.
Second, the statute of limitations for an injury in Tennessee is one year from the date of the incident, though there are certain exceptions to this rule. However, because late filing could lead to the dismissal of your claim, you should not delay in securing legal representation. Your personal injury attorney will help you meet all necessary deadlines so that you do not jeopardize your right to compensation.
How Our Nashville Pedestrian Accident Lawyers Can Help
At Minner Vines Injury Lawyers, PLLC, our Nashville pedestrian accident lawyers have extensive experience handling cases like yours. We know that times are hard after a serious accident and that you’re likely in a lot of pain right now. Let us take on the burden of your accident claim so you can focus on resting and getting better. While you do that, we’ll get to work by:
What’s more, we offer our services on a contingency fee basis, which means you only pay us if and when we win your case. That way, your financial situation does not prevent you from getting the help you need when you need it most.
Why Choose Minner Vines Injury Lawyers, PLLC
The Nashville car accident lawyers with Minner Vines Injury Lawyers, PLLC have handled a wide range of personal injury cases. We understand the complexities of pedestrian accident claims and what it takes to win them, and we stop at nothing in pursuit of the compensation our clients deserve. That’s why:
If you or a loved one has been injured in a pedestrian accident, please contact Minner Vines Injury Lawyers, PLLC. Our dedicated Nashville pedestrian accident lawyers are here to help you navigate the legal process and demand the compensation you deserve. Call us at 615-676-7060 or fill out our contact form for a free consultation and take the first step towards a better tomorrow.