Pedestrian accidents are frequently deadly and distressingly common. In 2022, 49 pedestrians lost their lives to pedestrian accidents in Nashville, TN, alone. The State of Tennessee suffers over 1,500 pedestrian accidents per year—over 17% of all car and truck accident fatalities. Recently, these numbers have been increasing almost every year.
At Labrum Law Firm Personal Injury Lawyers, we have handled pedestrian accident cases many times before. We know firsthand how they can devastate not only the victim but also the family. We understand the justifiable sense of outrage a pedestrian accident can generate. And we understand grief because we know that fatalities are a common consequence of pedestrian accidents. In response to these harsh realities, our commitment to our clients goes beyond the legal realm.
We are not just advocates in the court or at the settlement table—we are compassionate allies who provide the emotional support and understanding that you and your family need during this challenging time. Contact our Nashville pedestrian accident lawyers today to set up a free case review or call (615) 685-8546.
How Labrum Law Personal Injury Lawyers Can Help You Win Your Pedestrian Accident Claim in Nashville
A full list of the ways our trusted Nashville personal injury lawyers can help you win your pedestrian accident claim would be too long to print here. Nevertheless, the partial list that appears below should provide you with a good idea of what we can do for you.
- Coordinate your medical treatment. We can help you receive appropriate care so that it will be easy to document your injuries and include them in your claim.
- Gather and preserve evidence, including accident reports, medical records, witness statements, surveillance videos, and more.
- Negotiate with the insurance adjuster on your behalf. Insurance adjusters are professional negotiators–but so are we.
- Document your damages by generating evidence of medical expenses, therapy expenses, lost earnings, and anticipated future losses.
- Retain an expert to offer testimony on your behalf.
- Defending you against attempts by the opposing party to blame you for the accident.
- Provide you with emotional support and dispassionate analysis of your claim’s strengths and weaknesses at a time in your life when it might be very difficult for you to do this on your own.
- Drafting documents for you. Most important among these is a settlement agreement. You might also need your lawyer to draft a lawsuit complaint, even if you still plan to settle your claim.
Since no two pedestrian accident claims are alike, the services we provide our clients vary somewhat from case to case. Contact our law offices in Nashville, Tennessee, today to set up your free initial consultation.
What Is a Pedestrian Accident?
A pedestrian accident occurs when a pedestrian collides with a motor vehicle. Some people would also classify bicycle/pedestrian collisions as pedestrian accidents. For reasons that should be obvious, pedestrian accidents are among the deadliest types of accidents.
Common Pedestrian Accident Injuries
The human body is made of flesh and blood, which is no match for metal or asphalt.
Pedestrian accidents result in injuries to every part of the body. The injuries listed below are particularly common:
- Amputations;
- Bone fractures;
- Emotional trauma (if accompanied by physical injury);
- Injured extremities (hands, feet, fingers, and toes);
- Soft tissue damage (back and neck injuries);
- Spinal cord injuries; and
- Traumatic brain injury (TBI).
Strictly speaking, death is not an injury. It is an extremely common result of a pedestrian accident, however.
Pedestrian Safety Tips in Nashville, TN
The best way to deal with a pedestrian accident is to avoid becoming the victim of one in the first place. Below are some safety tips that can help:
- Don’t cross the street or walk along the street while intoxicated.
- Don’t text while walking on the street.
- Avoid the general complacency that prevails in places where “‘pedestrians rule,” such as college campuses.
- Look both ways before crossing the street. Your mother probably already taught you this, but it’s worth reminding yourself of.
- Increase your visibility. Wear bright clothing at night so that drivers can see you. Fluorescent green, for example, is an excellent choice. Another option is to carry a flashlight and keep it turned on in the dark while walking at night.
- Jaywalking is crossing the street illegally. Never jaywalk, because it is a form of negligence. Jaywalking invites the motorist to blame you for the accident.
- Stay off the shoulder of the road as much as you can. If you know the area, plan your walking route to maximize your access to sidewalks.
- Don’t play loud music using earbuds or headphones while walking in the street. You need to be able to hear cars approach, and you need to be able to hear when someone honks at you.
- Don’t walk while intoxicated, unless your only alternative is driving while intoxicated.
- Watch out for left turns by motorists. This is one of the most common causes of pedestrian accidents.
- Avoid walking near the street during times of poor visibility–fog, heavy rain, blizzard conditions, blind curves, and more. Take into account that a passing motorist might have misadjusted their mirrors. Remember that if you can’t see a driver’s mirrors, they can’t see you.
- Take note of weather conditions that cause slick roads–sleet, snow, rain, and freezing rain. Even if the driver can see you, that doesn’t necessarily mean they can stop before hitting you.
- Avoid using unmarked crosswalks unless you have to. Even then, exercise increased caution.
- Walk facing traffic, so you know what’s coming at you.
- Prepare in advance for a vehicle breakdown. Keep flares in your trunk, for example, keep your tank full of gas, and join AAA or an equivalent service. Breaking down and parking your car on the shoulder of the road could leave you with no choice but to become a pedestrian facing particularly dangerous conditions.
Perhaps the most important tip is to make an effort to stay aware of what is going on around you.
Insurance Considerations for Nashville Pedestrian Accident Cases
Keep in mind that to the extent that you are relying on the at-fault party’s liability insurance, a Tennessee driver is required to hold at least $25,000 in liability coverage for each injury or death per accident. This “mandatory minimum” insurance will cover up to $50,000 in bodily injury per accident.
That means if there are five injured parties, coverage for each one is limited to $10,000. Mandatory minimum insurance also covers $25,000 in property damage.
Of course, some Tennessee drivers carry more than the mandatory minimum, and out-of-state drivers are subject to different insurance requirements. Commercial truckers and on-duty Uber/Lyft drivers are particularly well-insured.
To Sue or To Settle? Your Options as a Pedestrian in Nashville, Tennessee
Pedestrian accidents are frequently catastrophic, requiring large amounts of compensation. The problem arises, then, where all of this compensation is going to come from.
If you’re a pedestrian who was hit by a car, your options are to:
- File a third-party claim against the at-fault driver’s insurance policy.
- File a personal injury lawsuit against the at-fault driver. If the at-fault driver is uninsured or underinsured, you might need to file a lawsuit seeking compensation out of the driver’s own pocket.
- Rely on your own insurance. This could include health insurance and uninsured/underinsured motorist insurance.
You might rely on more than one of the foregoing options. You might seek settlement, for example, sue to gain access to the pretrial discovery process, and eventually settle your claim. You might also rely on your own insurance to cover whatever expenses the at-fault party cannot afford to pay.
Wrongful Death Claims After a Nashville Pedestrian Accident
When someone dies in a pedestrian accident (almost always the pedestrian), Tennessee law allows the surviving spouse or other close relatives to file a wrongful death lawsuit. Damages include:
- Funeral and burial expenses
- Medical expenses
- Lost wages, including estimated future losses caused by the death;
- The physical and emotional suffering endured by the deceased victim (doesn’t apply if death was instantaneous);
- The deceased’s out-of-pocket expenses arising from the date of the injury until the date of death (doesn’t apply if death was instantaneous); and
- The survivors’ loss of the deceased victim’s love, guidance, and companionship.
Compensation goes to the deceased victim’s close relatives.
How Much Is My Nashville Pedestrian Accident Claim Ultimately Worth?
It is impossible to state with certainty how much your claim is worth without looking at the facts that are unique to your claim. Nevertheless, you could qualify for the following amounts:
- Economic damages: Medical bills, lost earnings, and diminished future earning capacity, for example.
- Non-economic damages: pain and suffering, emotional distress, etc. Noneconomic damages often amount to several times the amount of economic damages.
Under certain circumstances, you might also be eligible for punitive damages. Since courts are reluctant to award punitive damages, the persuasiveness of your lawyer can make a big difference.
Let Our Nashville Pedestrian Accident Attorneys Make It Happen For You
Labrum Law Firm Personal Injury Lawyers is committed to fighting for the rights of pedestrian accident victims in Nashville, Tennessee. We offer free consultations at our office, at your home, or even in the hospital. We’ll gladly discuss your case with you at your convenience.
Contact us today to schedule a free, no-obligation consultation. Don’t worry about legal fees–under our contingency fee system, you only pay us if we win compensation for you. Our Nashville pedestrian accident attorneys look forward to hearing from you.
