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Going for a walk should be a relaxing and healthy experience. Unfortunately, that can be cut short if a car or other vehicle hits and injures you.
Pedestrian death rates are climbing in Tennessee, with 149 fatalities in 2019 alone. That’s a 38 percent increase since 2015, and even more people are injured as a result of pedestrian accidents.
Broken bones, head and brain injuries, spine or back injuries, internal bleeding or bruising, and many other injuries are very common in these accidents. They may require lengthy and expensive treatment or therapy.
As a result, when you or a loved one has been hurt in a pedestrian accident, you may be in a lot of pain – both physically and financially. Pedestrian accidents often lead to serious injuries because a person walking down the street isn’t protected by an airbag or a seatbelt, like a vehicle passenger.
Nor do pedestrians have a helmet like someone riding a bike. As a result, you can easily suffer serious injuries when hit by a car, even if it isn’t going that fast.
You could be in pain for days, weeks, or even months while your medical bills pile up and you miss time at work. This can be a frustrating situation, but a Tennessee pedestrian accident lawyer may still be able to help.
They will go over your case, determine the potentially liable parties, and help you make a plan to seek compensation so you can get your bills paid and have the resources you need to make your recovery easier.
The CEO Lawyer is the Tennessee Pedestrian Accident Attorney You Need On Your Side
Ali Awad, the founder and managing attorney at The CEO Lawyer Personal Injury Law Firm, is the right lawyer to call when you need help after a pedestrian accident. Known as the “The CEO Lawyer,” Mr. Awad started with a small law firm, which quickly blossomed into an 8-figure firm in just three short years.
Then, his firm was voted the fastest-growing law firm in the United States, beating out 499 other firms in 2021. The CEO Lawyer also delivers practical, engaging legal advice to more than a million followers on social media.
If you or a loved one have been hurt while out for a simple walk, don’t hesitate to call Ali Awad for a no-obligation, free consultation of your pedestrian accident case. It won’t cost you anything to find out your options, and if you want to proceed, The CEO lawyer and his team work on a contingency basis – which means they don’t get paid unless and until you do.
This means there is no risk of calling (423) 777-8888 and learning more about your possible paths for seeking compensation. For now, let’s take a look at some common questions people have about pedestrian accidents:
Can I Receive Compensation If I Was Not In A Crosswalk When I Was Hit?
This depends on a variety of factors, and your lawyer will have a better idea after learning the details of your specific case. However, in many cases, the answer is yes.
It’s helpful to keep in mind that Tennessee has multiple laws designed to keep pedestrians safe:
- Drivers are required to yield the right of way to pedestrians in crosswalks.
- Pedestrians who are not within a marked crosswalk or unmarked intersection crosswalk should yield the right of way to vehicles.
- If there are two intersections with traffic-control signals, pedestrians should only cross in the crosswalk between these intersections.
- Drivers should always use “due care” to avoid hitting pedestrians.
- If there is no sidewalk available, people on the side of the road, the shoulder, or walking on the edge of the road should stay on the left side of the road and walk facing traffic.
The other thing to understand about Tennessee is that it uses comparative fault law for motor vehicle accidents.
Comparative fault recognizes that not every accident is 100 percent the fault of one party. Sometimes, both parties make mistakes, so it’s possible that a pedestrian was crossing outside of a crosswalk when they shouldn’t have been.
But it’s also possible that the driver failed to use “due care” in trying to avoid the pedestrian. They might even have been speeding or otherwise driving recklessly.
Both things can be true at the same time. So can the pedestrian collect damages?
Under comparative fault law, a party who is found to be less than 50 percent at fault can still collect damages from the other party. Their compensation will be reduced by whatever amount they are found to be at fault.
So if the pedestrian is 15 percent at fault for the crash, their award will be diminished by that percentage, but they can still collect compensation.
There are also many situations in which the pedestrian is not at fault, even if they weren’t in a crosswalk. For example, if there was no crosswalk available, the walker may have been within their rights to cross the street.
They still had a duty to yield to vehicles on the road, but if a car came speeding around the corner, the pedestrian might not have had time to get out of the way before being hit.
There are also situations where a person walking on a sidewalk might trip and fall into the roadway unintentionally. Drivers should be careful and slow down when they see pedestrians near the road for this reason.
But What if the Insurance Company Says It Was My Fault When It Wasn’t?
Insurance companies have many strategies to get out of paying claims. Often, we’ll see a situation where the injured walker files a claim with the driver’s insurance.
The insurance carrier says they aren’t responsible because the pedestrian was at fault for some reason. This can be upsetting for the person trying to get their claim paid, but if it happens to you, try to stay calm.
Don’t call and argue with the insurance adjuster, as this may make things worse. Instead, contact a Tennessee pedestrian accident lawyer for help. We can negotiate with the insurer on your behalf, reminding them of any evidence pointing to their client being at fault.
The truth is that much of the time, the insurance agent knows there is evidence their client had at least some fault in the accident. They may even be aware that they’re unlikely to be able to prove otherwise in an actual court case but are relying on the claimant to not know these things or to know less about the laws regarding pedestrian accidents in general.
Once a lawyer calls and makes it clear that they will be standing up for the claimant’s rights, the insurance adjuster may be more willing to discuss a settlement. If an agreement can’t be reached, your lawyer can help you take your case to court.
What if My Bills Exceed the Driver’s Policy Limit?
If you have extensive injuries requiring a lot of expensive care, you may run into a policy limit even if the insurance company is willing to pay.
In Tennessee, a driver is only required to carry $25,000 in bodily injury liability insurance per person. As your medical bills might attest, it’s not hard to reach $25,000 in healthcare costs alone – to say nothing of other damages, like your pain and suffering or your lost wages.
What can you do about your remaining expenses? If you have uninsured motorist coverage on your own auto insurance, you may be able to make a claim through that policy.
It doesn’t matter that you were walking and not driving your car – uninsured motorist policies cover these situations as well. If you have a “MedPay” policy designed to cover your injuries, this may also cover some of your expenses.
However, uninsured motorist and Med Pay coverage are not required in Tennessee, and some drivers don’t have them. In this case, you may still be able to sue the driver directly for your remaining damages.
This is a good option if the driver has assets you can seize. If, however, they have no money or assets, it may not be worth the expense and stress of a lawsuit just to receive a judgment the driver can’t pay.
In this case, your attorney will consider if there are other options available. Occasionally, we may be able to identify other liable parties you can sue instead, depending on the situation.
Turn To The Tennessee Pedestrian Accident Law Firm That Cares
Ali Awad, the CEO Lawyer, is an experienced negotiator who will help you fight for compensation when you’ve been hurt due to another party’s negligence. More than twenty years of experience means The CEO Lawyer Personal Injury Firm’s attorneys have a successful track record of over 99%.
If you have questions or concerns about your pedestrian accident situation, call The CEO Lawyer and his team now at (423) 777-8888 for a no-obligation consultation. We’ll look into every possible way to seek compensation for your injuries and explain your options.