Nashville
Pedestrian Accident Lawyers
When a pedestrian is hit by a vehicle, they often suffer devastating injuries. If you were a pedestrian accident victim, you need a Nashville pedestrian accident attorney to help you get the compensation you deserve. Find out how our law firm can help you hold the at-fault parties responsible and demand compensation for your injuries.
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How Our Pedestrian Accident Attorneys in Nashville, TN Can Help
You should not have to worry about how you will pay your bills while you recover. The Nashville personal injury lawyers at NST Law have recovered more than $2 billion for our clients. We are champions for the injured.
Our successful cases include a $639,000.00 settlement for a 76-year-old female pedestrian who was hit by a negligent driver in a Kroger store parking lot.
Pedestrian Accidents in Nashville
Pedestrians are essentially defenseless against cars and trucks, and the injuries pedestrians incur from traffic accidents are almost always serious. In Nashville, one in four pedestrians involved in a car accident is killed.
Walking is the least common regular mode of transportation in Nashville, but 17 percent of people who are seriously injured or killed in a car accident in Nashville are pedestrians.
Liability in Pedestrian Accidents
If you’ve been injured in a pedestrian accident, the at-fault party needs to be held responsible for paying for your damages. To establish liability in a pedestrian accident, you first need to establish the elements of negligence. However, your compensation could be reduced if you were partially at fault for your accident.
Establishing Negligence
In a pedestrian accident, you prove negligence by demonstrating the driver of the vehicle breached their duty to drive safely and that doing so caused your injuries. If the driver was cited for violating a traffic law — including failing to stay in their lane, speeding, or not yielding to a pedestrian in a crosswalk — negligence may be easier to prove under a theory called negligence per se. But even if the driver was not cited, you can still demonstrate they failed to drive safely.Â
Some evidence that is used to establish negligence includes the following:
- Photos or videos of the accident scene, either immediately following the accident or later on
- Expert witness testimony, including an expert who can reconstruct the accident
- Lay witness testimony, including passengers in the at-fault vehicle or bystanders who personally witnessed the accident
- Testimony of any first responders
Comparative Negligence
A jury may find that you were also at fault in the accident. Tennessee pedestrian laws require that pedestrians follow certain rules, including:
- Using a sidewalk when available
- Walking on the left side of the road when possible
- Yielding to vehicles in the road if not crossing in a crosswalk
If a jury finds you are partially at fault, your award will be reduced by the percentage you are at fault. For example, if a jury finds you were 30 percent at fault for failing to use a sidewalk, your compensation will be reduced by 30 percent.
Statute of Limitations
The Tennessee statute of limitations for pedestrian accidents is very short. You must file any claim for personal injuries resulting from a pedestrian accident within one year of the accident.
Compensation for Pedestrian Accidents
Tennessee law provides a wide range of potential forms of compensation for victims of pedestrian accidents. Depending on the circumstances of your accident and your injuries, you may receive the following:
Medical Expenses
You should not be left to pay medical bills for injuries caused by someone else. If you are a pedestrian who was hurt by a car, then the responsible party must be held liable for the following medical expenses:
- Medical appointments. This includes office visits, examinations, and any in-office treatments or procedures. It may also include supplies and services provided by physicians and other medical providers (chiropractors, nurse practitioners, etc.).
- Therapies. This includes physical, occupational, speech therapy, etc.
- Hospitalizations. This includes all the expenses in your final hospital bill, including room and dietary fees, supplies, procedures, and surgeries.
- Outpatient surgeries. This includes all expenses associated with outpatient surgery.
- Diagnostic tests. This includes X-rays, MRIs, CT scans, ultrasounds, and other diagnostic testing.
- Medication. This includes prescription medications, supplies, and pain management.Â
- Medical equipment. This includes things like orthopedic devices, ambulatory devices, and other medical equipment.
Compensation for medical expenses also includes future medical treatment expenses for ongoing injuries or conditions resulting from the accident.
Wages
Most victims of pedestrian accidents with serious injuries will have to miss work. But compensation for lost wages may not be limited to days you had to take off while recovering from your injuries.
Past Wages
You are entitled to compensation for wages for any days you had to take off work because of the accident or your injuries. For example, if you need to miss work while recovering from surgery to treat your injuries, you are entitled to compensation for your time off work. Your compensation also includes any paid time off you lost because of your injuries.
Diminished Earning Capacity
If your injuries left you with a disability, and your disability now means you can only perform lower-paying work than before your injury, you are entitled to additional compensation. For example, if you worked as a press operator before your injury making $30/hour, but after your injury, you can only work light-duty work as a cleaner making $17/hour, you are entitled to the difference in your pay over the remainder of the time your disability lasts.Â
If you have a permanent disability, you are entitled to the difference for the remainder of your expected working years. Proving diminished earning capacity often requires expert testimony.
Total Disability
If a permanent disability means you will never be able to return to work, then you are entitled to your future wages until you reach retirement age. You are also entitled to any retirement or pension benefits you will no longer receive because of your injury.
Pain and Suffering
Being hit by a car as a pedestrian is traumatic. Tennessee law permits the recovery of pain and suffering, which includes the physical and mental pain caused by your injuries and the treatment of those injuries.
Punitive Damages
If you prove with clear and convincing evidence that the other vehicle’s driver acted maliciously or recklessly, you may be awarded punitive damages. For example, you may be awarded punitive damages if you were a pedestrian injured in a hit-and-run accident. There are limits, however, on how much you may receive in punitive damages.
Contact our Nashville, TN Law Office For Help With Your Case
In many cases, the driver’s insurance company will negotiate a settlement. Many prefer settlements over litigating a case in court. Court cases often take a long time before reaching trial, and even after trial, there are often appeals. It could take years to receive any award. Litigation is often also stressful and difficult for the accident victim.
However, discussing a settlement with an insurance company can be challenging and time-consuming. If you do not have a good grasp of your case’s value or experience negotiating with insurance companies, you may end up with a lower settlement.Â
You may need to file suit in court if you cannot reach a fair settlement with the insurance company. In either scenario, you need an experienced personal injury lawyer in Nashville.
If you have been hurt in a pedestrian accident, call the Nashville pedestrian accident attorneys at NST Law at 615-777-7777 for your free consultation. Our legal team will work on your behalf to build a solid claim to get you the compensation you deserve.
Call the champs today!
2323 21st Avenue South
Suite 500
Nashville, TN 37212
Phone: 615-235-0766
Fax: 615-257-6797