Memphis Pedestrian Accident Lawyer
We have every right to expect drivers to yield the right of way and drive safely near us as pedestrians. Drivers should be on the lookout for us when crossing the street at stop signs or crosswalks, walking along the sidewalk, or walking in a parking lot, and should always follow the rules of the road. If they fail to do so, severe and potentially fatal accidents can (and do) occur. Suppose you or someone you care about was hit while walking by a distracted, intoxicated, or otherwise irresponsible vehicle. In that case, you have the right to file a pedestrian injury claim to hold them accountable. When crossing or walking near traffic, we are all at risk. That is why the Memphis pedestrian accident lawyers at our law firm are committed to protecting the rights of pedestrians who have been injured in incidents. We’ll fight hard to hold the at-fault motorist accountable, and we’ll do everything we can to get you the most money for your injury claim. We’ve been helping clients in Memphis and across Tennessee for several years, and we’ve helped them win millions of dollars in favorable judgments and settlements. We will act in your best interests, which is something insurance companies rarely do. We wish to assist you in achieving peace of mind and obtaining the compensation you are entitled to.
Contact us today at (800)-560-5059 to schedule a free consultation with no upfront costs or out-of-pocket expenses.
We are very vulnerable to harm as pedestrians if a driver drives carelessly or aggressively. Going for a jog or a walk should be a simple daily activity. Still, when drivers are distracted, driving aggressively, intoxicated, or otherwise behaving negligently behind the wheel, that simple activity can end in disaster. We rely on nearby drivers to operate their vehicles securely as pedestrians. They should be held liable for our injuries and financial losses if they fail to do so and damage us. It can be challenging to prove that a driver was careless, so make sure you pick a lawyer familiar with Tennessee’s negligence statutes and has experience handling cases similar to yours.
The physical and emotional effects of being hit by a vehicle as a pedestrian can be life-altering. It could be especially traumatic if an irresponsible driver caused the accident. Medical bills and other expenditures that build while you heal can be a huge source of stress. Suppose you have been wounded or a loved one has died due to the irresponsible driver’s conduct. In that case, the negligent driver must be held accountable. Although no money can ever take away your pain, medical bills and other accident-related expenses should not add to it. Allow us to pursue compensation on your behalf and assist you through this trying time.
Our law firm will look after you. Our team will communicate with your insurance carrier on your behalf and act as your advocate. We have no qualms about taking your case to trial. Many other companies will try to persuade you to settle to save time and money. Our only concern is that you receive justice. We will not charge you a fee until we are successful in your case. We understand how much you and your loved ones have gone through, and we want to help. Call us at (800)-560-5059 today to schedule a free consultation.
Why Choose Us?
Finding fault in a pedestrian accident can be difficult; therefore, it is best to seek the advice of an experienced and caring lawyer like those at our law firm. We’ll answer any questions you have and assist you in gathering any information necessary for your case. Then we will work tirelessly to ensure that you receive any compensation you are entitled to for your injuries. We will also seek to ensure that the party responsible is held accountable for their actions. To book your FREE consultation to ask us any questions and discuss your claim, call us at (800)-560-5059.
Common Questions About Pedestrian Accident Lawsuit
What to Do If You’ve Been in a Pedestrian Accident
When you are involved in a pedestrian accident in Memphis, it is critical to understand that your actions immediately following the accident can have a significant impact on your case. Take the following steps after your accident to help your case succeed:
- Make a 911 call.
- Submit a police report.
- Seek medical advice.
- Take pictures of the accident scene.
- Obtain contact information for eyewitnesses.
- Gather information on the driver.
- Make a list of the specifics of the accident.
- Follow the doctor’s instructions.
What are the Common Causes of Pedestrian Accidents?
Unfortunately, when driving through Memphis, drivers do not always take the necessary precautions. As a result, severe and fatal pedestrian accidents occur at a higher rate in this region than in other parts of the country. What causes these accidents? The following are the most common causes of pedestrian accidents in Memphis:
- Driving while distracted
- Driving while drowsy
- Tires that have blown out
- Defective auto parts
- Violations of the crosswalk
- Speeding
- Road rage/driving while intoxicated
- Access to the road is limited
What are the Injuries Caused by Pedestrian Accidents?
Pedestrians injured by motor vehicles, even at modest speeds, can sustain catastrophic and life-altering injuries. Accident forces are too strong for the human body to sustain. After an accident, pedestrians frequently face a long, uphill battle. Our Memphis pedestrian accident lawyers have represented survivors who have endured serious injuries, including:
- Various types of traumatic brain injuries
- Injuries to the spinal cord
- Damage to the nerves
- Concussion
- Injuries to the neck
- Injuries to the back
- Injuries to the soft tissues
- Knee and leg injuries
- Fractures
- Damage to internal organs
- Amputation and disfigurement
After a Pedestrian Accident in Memphis, Who Is Liable?
While many Memphis drivers feel that the pedestrian is to blame for not being hit, this is not the case. This isn’t always the case, however. While pedestrians bear some responsibility, drivers must do everything possible to avoid colliding with pedestrians on the road. In a pedestrian accident, many factors influence who is at fault. If the pedestrian broke any state laws at the time of the accident, they might share responsibility for the accident. Of course, the insurance company will try to blame you for everything in order to limit their exposure. As a result, having an experienced attorney on your side is critical. Your lawyer will conduct an investigation into the accident to identify who is to blame.
In rare cases, both the driver and the pedestrian are held responsible. Perhaps the pedestrian was crossing the street outside of a crosswalk, and the driver was speeding at the time of the collision. Both parties played a role in the accident in this case. When this happens, Tennessee applies the comparative negligence rule. This indicates that the victim’s damages are lowered in proportion to their level of negligence.
For example, under the preceding scenario, if the pedestrian is judged to be 20% at fault for the incident and receives a $1 million award for their injuries, the amount is reduced by 20%. As a result, they’d only get $800,000. Suppose the pedestrian is determined to be 50 percent or more at blame for the accident. In that case, they will not be able to sue the driver for damages.
How much am I entitled to in terms of compensation?
Victims of pedestrian accidents may be able to seek compensation for a variety of losses. These are some of them:
- Compensation for people with disabilities
- Medical assistance in an emergency
- Costs of rehabilitation
- Long-term assistance
- Suffering and pain
- Loss of income Loss of potential earnings Loss of quality of life
When a pedestrian is hurt in an accident, what rights do they have?
You have rights if you or someone you know has been injured in a pedestrian accident. You have the same legal rights as any other driver who has been injured in an accident to seek compensation. If your accident was caused by or linked to someone else’s negligence, you may be able to claim compensation. Multiple parties may be at fault in these types of accidents. For example, the motorist who struck the pedestrian may be responsible. Still, suppose the victim was using a defective sidewalk or crosswalk. In that case, the people responsible for properly maintaining the sidewalk or crosswalk may also be at fault. Finally, if the pedestrian fails to use a crossing properly, they may share some blame for the collision. Because both automobiles and pedestrians must observe the road rules and exercise reasonable caution, determining who is at fault may be challenging.
In a Pedestrian Accident Claim, What Damages Can You Recover?
We understand the life-altering injuries that pedestrian accident victims face at our law firm. We know how victims may require extensive medical care. Victims may be unable to work or enjoy life as they once did in many circumstances. David will seek the compensation you need to get through this tough time in your life, including damages for the following:
- Medical bills from the past and the future
- Money that has been lost and income that is expected to be earned in the future has been lost.
- Suffering and pain
Is It Possible To File A Lawsuit Against The Memphis Driver Who Hit You While You Were Walking?
In the vast majority of pedestrian accidents, you would file a claim against the driver who struck you. The claim would be made under the driver’s liability insurance policy. To claim damages, you’d have to prove that the other driver was at fault. The following are some examples of driver error:
- At a stop sign or traffic signal, they are failing to stop for a pedestrian.
- Without looking, backing out of a parking spot or driveway
- When you drive too fast, you risk losing control of your vehicle.
- Due to intoxication or distracted driving, failing to see a pedestrian.
- Passing without allowing enough space for pedestrians
- Refusing to acknowledge that pedestrians have the right-of-way
Process of Filing a Pedestrian Accident Lawsuit
Suppose you have been injured as a pedestrian. In that case, you have all the legal rights to file a pedestrian accident case against the driver or party to hold them responsible for their negligence and get compensation from them you deserve. Every circumstance is unique, and the time it takes to settle a pedestrian accident case varies from case to case. The period is extensive, ranging from a few months to many years. Your settlement can be affected by the following:
The seriousness of the injuries. The settlement is usually postponed until the medical treatment is done. It signifies that the case will not be closed until the pedestrian has been treated or stabilized, with no chance of improvement. Pedestrians who sustain minor injuries recover rather rapidly. In the case of serious injuries, however, the compensation procedure can take several years.
The insurance company is being negotiated with. After the therapy is finished, the insurance company and the patient negotiate a settlement. They require time as well. Even if there are no issues and the settlement sum is acceptable to both parties, the process will take months. Suppose the pedestrian seeks more money than the insurance company is willing to give. In that case, the settlement negotiations will inevitably take longer until all parties are satisfied. Occasionally, neither the pedestrian nor the driver is covered by insurance. In this instance, the only way to get compensation is to file a lawsuit against the motorist. Unfortunately, if the driver does not have enough assets, the pedestrian may not recover a significant sum of money.
Trial. Not all pedestrian accident settlements end up in court, although it does happen occasionally. For example, if the payment is not successful, a trial may be required. The procedure will take even longer in this instance than a simple out-of-court settlement.