Pedestrian Accident Lawyer Memphis, TN

While many traffic accidents can cause the victims serious injuries, accidents involving a car and a pedestrian can be particularly devastating. The pedestrian’s complete lack of protection can leave them especially vulnerable to injury. In fact, of the hundreds of pedestrian-vehicle accidents that happen each year in Tennessee, many of them result in fatal or incapacitating injuries. Pedestrians should be aware of the common causes and consequences of traffic accidents, as well as the legal ramifications of one, in order to keep themselves safe. If you are injured in a pedestrian accident, contact a pedestrian accident lawyer in Memphis, TN.

Causes and Consequences of Pedestrian Traffic Accidents

Traffic accidents involving pedestrians have a wide variety of different causes. One of the most common causes is simple carelessness on the part of the driver. Failing to stay alert for pedestrians at crosswalks and in the street can lead to serious accidents. Evening and night driving can also exacerbate these problems because the low light makes people more difficult to see.

A Memphis, TN pedestrian accident lawyer knows that this is especially true for elderly drivers whose increased risk for vision problems already makes them more likely to be involved in car accidents. Violations of traffic laws are also common causes of pedestrian injury, especially driving under the influence and speeding. Accidents resulting from speeding can be particularly problematic because the higher speeds can cause more severe injuries to the unprotected pedestrian.

When these accidents do happen, the injuries that arise can be quite serious. Pedestrians can experience a range of injuries, including:

Broken bones
Head trauma
Brain injuries
Paraplegia
Quadriplegia
Amputations
Disfigurements
Injuries to the neck, back, and spinal cord

The Legal Side of Pedestrian Traffic Accidents

These sorts of accidents can give rise to personal injury claims on the part of the pedestrian if they suffer a serious enough injury. The personal injury case will hinge on the legal concept of “negligence.” This means that the driver, or their insurance, will likely have to compensate the pedestrian for their injuries if the court finds that the driver acted negligently, meaning that they acted without reasonable care for the other people around them. This concept is also important when judging the pedestrian’s actions because the pedestrian may have been negligent as well.

As a Memphis, TN pedestrian accident lawyer can explain, for accidents in which both the pedestrian and the driver were negligent, Tennessee judges fault based on “comparative negligence.” The doctrine of comparative negligence means that a person’s ability to recover for their injuries is reduced if they were also acting carelessly. For example, if a pedestrian is 20 percent responsible for their injuries, they would only be able to recover 80 percent of their costs. Furthermore, if a pedestrian is more than 50 percent responsible for their own injuries, they cannot recover at all.

How Common Are Pedestrian Accidents

Getting hurt in a pedestrian accident can negatively affect your life. Two of the most common examples, of how a pedestrian accident can affect someone’s life, are physically and mentally. For example; physical injuries can range from moderate to severe, and they can end up crippling an individual, based on what happens. Then there are mental injuries that can occur that are related to trauma. Even if someone does not suffer physical injuries, the impact of a pedestrian accident can cause flashbacks, fear of driving, and more. As such, when it comes to such instances, it is within your rights to talk to a pedestrian accident lawyer in Memphis, TN.

If you have been struck by a vehicle while walking on a sidewalk or other area, you may be able to file a claim against the person responsible. Legal services are available for you to use if you have recently been in an accident. Pedestrian accident lawyers are fierce advocates for victims who have suffered horrible injuries and are entitled to compensation for their losses. As seasoned lawyers who understand the consequences of a pedestrian accident, they know how difficult the recovery process can be.

Clients who have just been in an accident have the burden of paying for their expenses on top of dealing with their recovery. You should not have to pay for an accident that was not your fault. You deserve to be compensated for the injuries you suffered. Working with an experienced attorney can help you obtain that compensation. Working with a lawyer has many advantages, and it can make the claims process less confusing and easier to navigate. On top of the stress of dealing with your physical and mental recovery, you should not have to add the stress of handling a legal claim alone. With a lawyer, you are much likelier to obtain the financial compensation that you deserve. Get started with your claim by calling a trusted pedestrian accident lawyer now.

How Do Pedestrian Accidents Occur

A pedestrian accident occurs when a vehicle collides with a pedestrian. Accidents are most common in places where there are many pedestrians and busy, high-traffic streets that intertwine with one another, like shopping plazas or busy intersections. However, they are also common in places like neighborhoods and parking lots. They usually occur when drivers are not paying attention to their surroundings, are driving recklessly, or are distracted by things in their car.

Many pedestrian accidents also happen because of miscommunication, such as if the driver doesn’t properly yield to a pedestrian. Here are some common reasons why these accidents happen:

Speeding: Driving near pedestrians can cause drivers to be impatient. Pedestrians force drivers to slow down often or stop for long periods of time. This can cause impatient drivers to be aggressive around them. They might drive faster than the posted speed limit so they can get away from busy areas. However, speeding can put pedestrians at risk of getting hurt.
Backing out of parking spaces without looking carefully: Failing to look for pedestrians while backing out of spaces is a leading cause of pedestrian accidents. Some drivers do not take the time to properly look and watch for people who may be passing by on the sidewalk. It’s important that drivers slow down and look carefully in all directions when they are backing out of driveways.
Talking on a cell phone while driving: Multi-tasking while operating a vehicle is dangerous for both a driver and the people around them. Distractions like calling or texting on a phone can lead to a serious pedestrian accident. The driver’s focus is not completely on the road, which makes them more likely to get into a crash. They might be distracted by the person that they are talking to. Sometimes, emergency phone calls do happen, which is why some people may be on their phones when they are driving. However, even in instances such as these, if one had to make a phone call, it is best to pull over into a parking lot and make it. This is not just to ensure the safety of others oneself, but also others as well.
Running red lights: Some drivers try to beat a red light or run through stop signs when they are in a hurry to get to work or another urgent destination. However, doing this can result in a car striking a pedestrian who has the right of way. It is not worth getting to a destination a few seconds earlier and potentially striking other people. Many pedestrians suffer injuries each day because of drivers who decide to run a red light.
Failing to yield to pedestrians: Drivers do not always take the time to look carefully and stop for pedestrians crossing the street. Unfortunately, this is more common than people think. One of the strongest examples of this is how although drivers are supposed to yield to pedestrians, they do not always turn their turn signal on. As such, pedestrians may not know when a driver is turning, and this can cause them to end up being hit.

If you believe you were hit by a careless driver while you were walking, you may be entitled to compensation. This is especially true if you had the right of way as a pedestrian and the driver who struck you was engaging in negligent behavior. An experienced pedestrian accident lawyer in Memphis, TN trusts can help you gather evidence that proves your injuries are the result of a driver’s carelessness. Having a pedestrian lawyer at your side is advantageous because they have years of experience serving clients who have been in a serious accident, specifically pedestrian accidents that occur due to the negligence of drivers. When people are injured or suffer a serious illness as a result of another individual’s actions, they are entitled to file a claim and determine what type of damages they can claim. The claims process can be confusing to navigate, so it is beneficial to have a lawyer guide you through it. A lawyer will fight for you so that you can get the help and legal representation that you need. They will efficiently build your case so that you can obtain the highest possible compensation to cover your losses and ease your recovery.

Common Injuries That Result from Pedestrian Accidents

Drivers and pedestrians have to share many common spaces. While both drivers and pedestrians must be mindful of their surroundings, drivers must be more cautious and yield to pedestrians because they have the right of way. A vehicle can cause much more harm to a pedestrian. A moving car can seriously hurt a person, even if it is going at a slow speed. Many drivers underestimate the impact a vehicle can have even at speeds like 40 miles per hour. For example, if a car is traveling at 40 miles per hour, they are moving at 60 feet per second, which can cause catastrophic injuries. Some of the most common injuries pedestrians who have been hit by a car suffer include:

Nerve damage
Cuts and scrapes
Concussions
Broken bones
Herniated discs
Back and neck injuries
Spinal cord injuries

While some of these injuries have a short recovery time, others can be more serious. This is why pedestrian accidents should be avoided as a whole, due to the longevity of injuries and suffering that may occur. Pedestrian accidents can result in paralysis or long-term health conditions. Expenses from rehabilitative services and additional treatments can add up and place a financial strain on accident victims. If your injury requires extensive treatment or prevents you from going to work, speaking with a pedestrian accident lawyer in Memphis, Tennessee respects may be in your best interest. An experienced pedestrian accident lawyer in Memphis, TN may know how much your injury is worth and may help you obtain fair compensation.

How to Protect Yourself as a Pedestrian

Walking is something many people take for granted. The ability to stand upright and move is a major function of being a human. Not only does walking have physical benefits, but it can also encourage social interaction with others in your community and it’s one of the easiest ways to get from one place to another. Unfortunately, all too often, law-abiding pedestrians are hit by cars, bikes, and other vehicles on the road.

When it comes to being a pedestrian, it is important to know how to protect yourself and how to take action if you suffer injuries during an accident. You never know what may happen, so it’s best to be prepared for any type of scenario that you may find yourself in. Even though you may be careful and cautious, you cannot always rely on other people, especially drivers, to exercise the same caution. It’s critical that you stay vigilant whenever you are around congested spaces or busy streets near traffic. You never know if there may be a driver who is driving recklessly, so it’s best to stay aware of your surroundings at all times. For example; before one crosses a busy street, and the pedestrian signal lights up, it is important to look both ways. The reason is that although drivers are supposed to yield to pedestrians in these instances, sometimes they do not. Thus, staying attentive and putting away your distractions can keep you from suffering serious injuries and avoid accidents altogether. For even more information about these topics, don’t hesitate to contact a pedestrian accident lawyer Memphis, TN residents trust.

Pedestrian Right of Way

In most cases, pedestrians have the right of way and cars should yield to them. Whether the crosswalk is marked or unmarked, it can still be considered a legal crossing area. Unless a sign specifically mentions “no crossing,” then pedestrians may be protected when crossing a street or roadway. Even bicyclists are required to yield to pedestrians. In most cities, bicyclists are not allowed to ride on sidewalks; they must ride in the street, abiding by all traffic laws, so that pedestrians can use the sidewalk.

If you were injured as a pedestrian and you had the right of way, a pedestrian accident lawyer in Memphis, TN can file an injury claim on your behalf. Even if you aren’t sure about the details of your accident, it’s generally a good idea to speak with a Memphis pedestrian accident lawyer. In many cases, injured victims don’t even realize that they’re entitled to financial compensation until they talk to a lawyer.

What To Do If You Are Hit

If you are hit by a car, there are several steps you can take in order to protect yourself. It’s essential to remember that your safety and health are the most important things after an accident. The moments right after an accident are often disorienting and chaotic. It can be tough to immediately make sense of what is going on. The actions you take after an accident can affect how strong your case will be. For example, if you make misleading statements or change your recollection of the accident, your case could be at risk of getting dropped. It is important that you know what to do to preserve your legal rights and take the right steps. If you are physically unable to accomplish these steps, a pedestrian accident lawyer in Memphis, TN has to offer assistance.

Call Police As Soon As Possible: Do not go anywhere until an officer has taken down a written testimony of the accident. Request a copy of the report and get the officer’s name and badge number for future reference.

Witness Information: Gather the names and phone numbers of witnesses who were at the scene of the accident. By the time law enforcement arrives, witnesses may have left the area, so take initiative and ask before they have a chance to leave.

Driver’s Information: Get the driver’s name, insurance company, license plate number, phone number, address, and license information for the driver who hit you. If you are unable to do this, the police will also collect this information when they arrive.

Ask for an Ambulance: Do not hesitate to ask for medical attention if you’ve been in an accident. The body often enters a state of shock after an accident, which includes masking injuries until later when the “threat” is no longer present. A medical team can properly evaluate you for any injuries, providing treatment for these injuries as necessary. When you hire a pedestrian accident lawyer Memphis, TN may offer for counsel regarding a personal injury claim, your lawyer will likely want copies of any relevant medical documents.

Notify Your Insurance Company: Your insurance may be able to help cover medical expenses if your policy includes uninsured/underinsured motorist coverage.

Even if you take the best of precautions to stay safe while walking, a driver may be negligent or even reckless on the road. When you know your rights, you can feel more confident traveling by foot on a regular basis. A skilled pedestrian accident lawyer in Memphis, TN could provide from our firm may offer legal support if you or someone you love has been hit on the road.

Most Common Types of Pedestrian Accidents

At some time or another, every one of us is a pedestrian. Whether we are walking to work, walking our children to school, or being a tourist in a new city. Walking is a part of life – especially in urban areas. In 2017, approximately 6,000 pedestrians were killed in accidents. That is the highest number of fatalities in over 25 years. While drivers are responsible for their vehicles, pedestrians still play a large role in what causes these accidents. Here is a list of five things that can cause a pedestrian accident and advice from a pedestrian accident lawyer in Memphis, TN.

Texting and Driving (and other distractions). It’s no secret that texting and driving is a problem these days. We’ve all seen the massive ad campaigns that run showing the dangers of texting and driving, but we still see people text and drive all the time. Most states have made texting and driving illegal, however, it is still a problem. Texting and walking is also major cause of pedestrian accidents. The same is true for both drivers and walkers – if a driver can’t see a pedestrian because they are texting and if a pedestrian doesn’t see a car coming because they are texting – both could be liable for the accident. Call a pedestrian accident lawyer in Memphis, TN trusts if you believe someone’s negligence and phone usage caused your accident.
Left-Hand Turns. Left-hand turns and crosswalks can be particularly dangerous. Drivers are looking at the other cars trying to judge if it is clear enough for them to make the turn, while pedestrians are looking straight ahead to cross the road. In Virginia, a driver was trying to turn left and beat the mother and baby crossing at the crosswalk (instead of waiting for them to cross), and ended up hitting and killing the child.
Alcohol. Alcohol is particularly dangerous for both drivers and pedestrians alike. An intoxicated pedestrian is more likely to run out into the street without warning causing the driver to have little or no reaction time. A drunk driver may not see the pedestrians crossing the road, even if they are using the crosswalk. If you are injured by a drunk driver, contacting a Memphis, TN pedestrian accident lawyer could be helpful in handling your case and getting the compensation you deserve. This is why if a driver plans on going to a gathering, or a party, and they plan on drinking, they should do the following. They should either drink a small amount, to ensure that their perception is not changed when driving, or they can have a friend drive for them. However, this friend should ensure that they are not drinking at all.
Jaywalking. There are many times when pedestrians will jaywalk across a busy street in order to get to their destination quicker. However, drivers aren’t anticipating pedestrians being in the middle of the street that does not have a crosswalk. Pedestrians may misjudge the speed the cars are coming or how far they need to walk before reaching the other side of the street.
Dark clothing. Nearly 70 percent of pedestrian accidents happen at night. Drivers have a hard time seeing pedestrians who are dressed in dark clothing. Make sure to wear either bright or light-colored clothes, wear some sort of reflectors, or carry a flashlight with you to allow cars to easily see you.

Although pedestrians always have the right of way, it’s important to follow the rules of the road. Pedestrian accidents are a big deal because they generally involve some sort of serious injury. If you’ve been injured, call a pedestrian accident lawyer Memphis, TN relies on from Patterson Bray. Being aware of some of the main causes of pedestrian accidents can help prevent an accident from occurring in the future, but if the worst-case scenario occurs, having a reliable, experienced pedestrian accident lawyer in Memphis, TN on your side will make all of the difference.

What To Bring to Your First Meeting With Your Lawyer

After you’ve been hit by a car, you may find that your injuries make it hard for you to focus on much else other than getting well again. It can be difficult to track all your healthcare appointments. Add in keeping track of all the paperwork and bills that come with those appointments, and you may find yourself needing some help organizing everything. Your pedestrian accident lawyer in Memphis, TN may be able to assist. To get you started, here are three things that you should bring with you to your first appointment with your Patterson Bray lawyer.

Photos and Videos of Your Accident

Any photographic documentation of the accident is valuable for your lawyer to have. There may have been photos taken by law enforcement at the scene of the accident. Those might be available with a copy of the police report. You may also be able to obtain video footage if the driver or a witness has a dash camera. A third option would be to look for nearby security cameras that may have captured the accident. Make copies of everything you are able to gather and bring them all with you when meeting with your pedestrian accident lawyer in Memphis, TN.

Bills and Medical Records of Your Care

If you were injured in the accident, you should seek medical attention as soon as possible. Take careful notes at each appointment or ask a trusted friend or family member to come along and take notes for you. Ask your doctor for digital copies of your X-rays, test results, and other records. Make copies of all of the medical bills that you are sent, along with any payments that you make. Your lawyer will likely use all of this information when talking with insurance companies.

Written Personal Account of Your Experience

Another important piece of information that your pedestrian accident lawyer in Memphis, TN may want is a written account of what happened to you. This may help reduce the number of times that you are asked to retell the story of your accident. Reliving the accident over and over can be emotionally exhausting. Save yourself some time and trauma by writing out your story and bringing it with you to your appointment.

Arriving prepared to your first meeting at the Patterson Bray offices can help get your case off to a great start. After that, your pedestrian accident lawyer can help guide your case.

Special Considerations for Work-Related Injuries

Although work-related pedestrian injuries are not an everyday occurrence, they are certainly not unheard of. Construction workers, childcare providers, delivery personnel, and recreational workers are—very unfortunately—struck down on American streets with frustrating regularity. It is, therefore, important to understand that pedestrians who are struck down while walking for work-related reasons are often entitled to different kinds of compensation under the law. If you are unsure of whether your collision qualifies as a “work-related accident” from a legal perspective, an experienced pedestrian accident lawyer Memphis, TN trusts can provide that clarity for you.

If you are classified as a full-time or part-time employee (as opposed to a worker properly classified as an independent contractor), chances are good that you are entitled to workers’ compensation coverage. If you are entitled to such coverage, you should file a benefits claim related to your injuries as soon as you possibly can. The law does not give injured workers much time to get the claims process started before they are barred from seeking rightful compensation. It is important to note that pursuing a workers’ compensation benefits award does not negate your ability to file a personal injury claim unless the party you plan to sue is your employer. Employers are protected by limited liability provisions when it comes to the work-related injuries and illnesses of their employees who are eligible for workers’ compensation coverage.

If You Are a Surviving Loved One of a Fatal Pedestrian Accident

If you have lost a closely related loved one as a result of a fatal pedestrian accident, please connect with a Memphis, TN pedestrian accident lawyer as soon as you can. As a surviving loved one, you may be entitled to an insurance settlement, workers’ compensation death benefits, and/or damages from a wrongful death action. Once our experienced legal team has thoroughly assessed your circumstances, we will provide you with objective guidance concerning your rights and options under the law. At that time, you’ll be empowered to make informed decisions about your situation whenever you are ready to do so. Please note that meeting with our team in a risk-free consultation setting will not obligate you to take action now. It will simply allow you to ask questions and voice concerns so that you can make informed choices whenever you’re ready.

Speaking With Insurance Providers

If you have not yet spoken with any insurance representatives in the wake of sustaining injury, please do not do so until you’ve met with a reputable member of our Memphis, TN pedestrian accident lawyer team. Insurance providers are for-profit businesses. As a result, they are bound to make a profit on behalf of their shareholders. Therefore, they understandably try to minimize their costs where they can. These efforts often involve devaluing or rejecting claims outright when representatives are given any excuse to do so. Please allow the experienced Tennessee legal team at Patterson Bray PLLC to speak with insurance representatives on your behalf so that you are best positioned to receive the fairly valued settlement that you deserve.

Memphis Pedestrian Accident FAQs

What is a Pedestrian Accident?

A pedestrian accident occurs when a person is injured while walking or jogging on a road, sidewalk, or other areas usually meant for motor vehicle traffic. Injuries from pedestrian accidents can be quite severe, even resulting in death.

A pedestrian accident is often catastrophic for the victim, who is much more vulnerable to injuries than a person in a car. In addition to the physical recovery that must take place, victims may face financial problems due to missing work and paying medical bills. If you have been injured in a pedestrian accident, you need an experienced personal injury attorney on your side.

The pedestrian accident lawyers in Memphis, TN of Patterson Bray PLLC understand the life-changing impact that a serious pedestrian accident can have on you and your family. We are committed to helping you pick up the pieces after a painful injury.

What is a pedestrian accident lawyer?

Pedestrian accidents are the most common type of car accident that takes place. If you are a pedestrian and you get hit by a car, you might sustain some injuries. It is important to find a pedestrian accident lawyer in Memphis, TN as soon as possible.

A pedestrian accident lawyer in Memphis, TN is a personal injury lawyer who specializes in cases involving collisions between pedestrians and motor vehicles. Like all personal injury lawyers, pedestrian accident lawyers are paid on a contingency fee basis. This means that the client only pays if the lawyer wins the case.

The term “pedestrian accident” can cover a variety of incidents, including:

Pedestrians being struck by cars
Pedestrians being struck by motorcycles
Pedestrians being struck by bicycles
Pedestrians falling over obstacles on roads or sidewalks
Pedestrians being struck by commercial vehicles, such as delivery trucks

Of course, many people think of pedestrian accident attorneys in Memphis, TN as specialists in car accident cases. Pedestrian accident cases are similar to car accidents in many ways, but there are some important differences. For example, an experienced pedestrian accident lawyer understands that pedestrians may not be very familiar with the laws that apply to motor vehicle operators. As a result, the driver may not receive all of the blame for the crash — and you may be able to recover compensation from other sources.

What Laws Do Pedestrians Abide By?

Many people believe that a pedestrian-car accident is likely a simple case. Because the car is so much bigger, coming at a quick speed, and should have seen the pedestrian, the car is likely at fault, right? That is not necessarily true and it is important to remember that pedestrians have laws that they must abide by as well when they are on the road or on the sidewalk. If you were a pedestrian in an accident and are suffering from injuries, it is important to understand state and local laws regarding responsibility and how this may affect your claim.

What kinds of laws are there?

Pedestrians typically have the right of way when they are in a driveway or at an intersection. However, it is a pedestrian’s job to exercise care when they are in an area where a car could hit them but it is also a driver’s responsibility to be on the lookout for pedestrians in these locations. Pedestrian accident cases are not always simple and there are factors that may cause your case to become more complex.

You did not cross at the intersection. In the event that you crossed the road and you were not at an intersection, it is the pedestrian’s duty to yield the right of way to oncoming cars. To safely cross, you must wait for traffic to be at a safe enough distance.
You were walking along the road. A pedestrian must walk on the sidewalk if a sidewalk is provided. In the event that there is no sidewalk or it is under construction, a pedestrian must walk along the side of the road facing oncoming traffic. This scenario can certainly complicate a pedestrian injury claim.
You crossed without a walk sign. In the event that you crossed a crosswalk without a walk sign, you may find that you are partially responsible for your accident. Under Tennessee law, pedestrians must wait for a walk sign to cross.

If you did not abide by Tennessee laws and got into a pedestrian accident, you may find yourself facing a fine or you may find that the amount of compensation you get for your injuries is lowered. This does not mean if you were partially at fault that you will not get any compensation. However, insurance will take into account the percentage that you were at fault and lower the damages as much as possible.

How Do I Know If I Have a Valid Case?

After an accident in which you are injured, it is not unusual to be unclear about exactly what happened. In many cases, you are unlikely to get clear information from the traffic officials or the police department. You might even be unsure of how to find additional information on your case. When you meet with our team at Patterson Bray, we will do our best to establish the merits of the case. Our team can inform you of the relevant legal principles and go over procedural issues.

What If I Missed Important Information?

If you or a loved one is involved in a pedestrian accident, it can be helpful to have certain information. In the best of circumstances, there will be information on witnesses and the driver of the vehicle. Sometimes, though, this information can be difficult or impossible to obtain in the heat of the moment, and this is where a pedestrian accident lawyer in Memphis, TN, can be of assistance. We will do our best to reconstruct the accident, identify witnesses, and obtain the police report.

What Are Indications That I Have a Strong Case?

As a pedestrian, you must follow the rules of the road and cross at intersections when you have the right of way. If you have done so and a vehicle hits you, you are likely to have a strong case. You must show that you received specific damages, either a physical injury or an emotional one. Even if you did not adhere to all of your obligations, a pedestrian accident lawyer in Memphis, TN, could still determine you have a valid case. This is especially true if the driver acted in ways that include negligence.

What If I Am Not Familiar With the Legal System?

At Patterson Bray, we know that not every one of our clients has a solid grounding in legal principles. That is our area of expertise. We are happy to meet with you and guide you through the process. A pedestrian accident involves many factors and it is always advisable to meet with a pedestrian accident lawyer in Memphis, TN, to get a qualified opinion on your case.

Get Legal Help Today

Do not let your injuries be ignored. You suffered a great deal and deserve to be compensated for your pain and suffering. It may benefit you to work with a confident and trustworthy lawyer who can help you get justice. If you are in search of a qualified pedestrian accident lawyer Memphis, TN holds in high regard, contact a lawyer at Patterson Bray at (901) 372-5003.