Pedestrian Personal Injury? Navigating Pedestrian Accident Claims
You are anxiously waiting to cross the street. The signal turns from stop to walk, you proceed through the crosswalk when you are struck by a motor vehicle - this could be a life or death situation. In 2020, more than 7,000 pedestrians were killed in motor vehicle accidents, this equates to about one death every 75 minutes. One in six people that died in motor vehicle crashes in that same year were pedestrians.
Personal Injury Recovery for Pedestrian Accidents
A key factor in determining recovery in a personal injury claim is liability. Liability is determined by assessing which party was liable for the accident. In Tennessee if you are 50 percent or more at-fault for the accident then you will not recover any damages (compensation) for your injuries. There are cases where both parties can be determined to be liable, thus neither party will recover. An example would be where a pedestrian is illegally crossing the road, and at the same time a motor vehicle driver is operating a vehicle under the influence. An argument can be made that both parties are 50 percent responsible for the accident.
Another key factor is receiving medical treatment for your injuries. The main evidence that is used to establish that an injury did in fact result from a motor vehicle accident is medical treatment. Without receiving medical treatment you have no real evidence of an injury. It is important to seek medical treatment as soon as possible. More often than not, I speak with someone that was involved in a motor vehicle accident that failed to seek medical treatment within the first two weeks. This can substantially hurt your case because while you may have initially thought that you were banged up, but you would be fine in a few days, that is typically not the case.
Failing to receive treatment for more than two weeks following an accident can communicate to the insurance company that you were not injured in the motor vehicle accident. If you wait two weeks, the insurance company can and will make the argument that your injury could be due to some other accident that may have occurred between the date of the accident and the date of treatment.
Rules of the Road
Pedestrians have the right of way at all intersections and driveways. Pedestrians also have a duty to act responsibly, this means obeying traffic signals and utilizing sidewalks when able. Pedestrians must use the left side of the roadway facing traffic when not on a sidewalk, as long as it is safe to do so. TCA § 55-8-134.
Drivers are required by law to exercise due care to avoid colliding with any pedestrian.
How to Protect Yourself as a Pedestrian
Look both ways before crossing a road.
Make sure you are crossing streets at a designated crosswalk or intersection whenever possible.
Carry a flashlight and wear reflective clothing at night to increase your visibility.
Avoid distractions from electric devices/cellphones and/or the use of earbuds/headphones.
Make sure to use the sidewalk or a path if possible. If you are walking on the road make sure to walk on the shoulder facing traffic.
Do You Need a Lawyer?
The insurance company, specifically the adjuster handling your claim, is going to do everything in his/her power to make sure you get the least amount of compensation if he/she offers anything at all.
Hiring an attorney can ensure you receive the full and fair compensation you deserve. At Cotter Law it is our priority to take on the fight with the insurance company while you focus on recovering from your auto accident. Fill out the form below or call Cotter Law today to schedule your FREE consultation at (865) 888-7155 to speak with an experienced attorney.
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