Last Updated: Aug 25, 2026
Read Time: 2 mins
Do you walk and text? If you are like most people, you probably do. This personal injury lawyer advises you to stop! While we know that texting and driving is dangerous and has been banned in Tennessee, research also shows that pedestrians who are distracted with their phones are more likely to be hit by a vehicle. According to one analyst, the number of pedestrian injuries due to cell phone use tripled over a a 7 year period (2004-2010), and the numbers continue to rise.
What if a Car Hits Me But I was Texting While Walking?
Call a personal injury lawyer. If you were walking and texting when you were hit, the driver’s insurance company will probably say you were at fault, but that is not necessarily always the case. You should still speak with a personal injury lawyer about the specific facts of your case. In Tennessee, we have what is called “Comparative Fault.” That means you may be able to recover for your injuries, even if you bear some portion of the fault, as long as your fault isn’t equal to or greater than the driver’s fault. You need a good personal injury lawyer who can sort through the facts and determine whether you are entitled to recovery.
(1) Don’t text and walk. If you are injured, it could reduce or even eliminate any damages you would have otherwise been entitled to.
(2) If you are injured while texting and walking, don’t automatically assume you are at fault. Call an injury lawyer to make sure.
Call Patterson Bray. We Can Help.
When you need a lawyer, call Patterson Bray. Contact us at 901-372-5003 or email us here. We take cases throughout Tennessee and Mississippi, including Memphis, Shelby County, Bartlett, Germantown, and Cordova.
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