Our Nashville pedestrian accident lawyers will take the time to get to know your needs, as well as work hard to achieve them. With more than 25 years of experience helping injured victims, we’re here to serve clients in Nashville metro, Goodlettsville, and surrounding areas. So pick up the phone and give our legal staff a call—just dial 615-244-4325 or complete a free initial consultation form.
Who is at Fault in a Pedestrian Accident?
The question of who is at fault when a pedestrian is struck by a motor vehicle depends on which person is determined to have failed to exercise duty of care. This is a term meaning a person’s legal responsibility to behave reasonably to prevent harm. For example, a driver may be determined to have breached their duty of care by failing to yield to pedestrians at a crosswalk, while a pedestrian may be determined to have breached their duty of care by crossing against the light.
Drivers are held to a higher standard of duty of care, but a pedestrian may be found to have contributory negligence, meaning they were partially at fault.
Causes of Pedestrian Accidents
Despite laws that protect pedestrians’ right of way in intersections and driveways, a variety of collisions are caused by negligent motorists when:
- Exiting Parking Spaces or Driveways
Drivers have a duty to check their mirrors and rear windows while backing up, and failure to do so can result in serious pedestrian injuries.
- Passing Stopped Traffic at Crosswalks or Intersections
Vehicles yielding the right of way may obstruct other drivers’ views of pedestrians while attempting to pass stopped or slowed traffic.
- Attempting to Beat Red Traffic Lights
Passing through intersections at unsafe speeds makes it difficult for drivers to notice pedestrians trying to cross the street.
Our pedestrian accident attorneys have experience investigating the causes of pedestrian accidents, and we’ll work hard to hold the responsible parties accountable for their negligence.
What are Tennessee’s Pedestrian Laws?
It is important to be aware of the traffic laws surrounding foot traffic so you can better protect your rights in a pedestrian accident.
- Pedestrians have right of way in all intersections and driveways.
- Pedestrians must use sidewalks and crosswalks when they are available, or else yield right of way.
- When crossing at a pedestrian crossing light displaying a yellow or “Wait” signal, or one displaying a red or “Don’t Walk” signal, pedestrians must yield to traffic. If the pedestrian crossing light turns yellow mid-crossing, the pedestrian should proceed to a sidewalk or safety island, whichever is closest.
- Where sidewalks aren’t available, pedestrians must walk facing oncoming traffic.
- Pedestrians have a duty to watch for approaching traffic before crossing a highway.
- Motor vehicles turning left must yield to pedestrian traffic.
- Drivers cannot pass another vehicle that is stopped to allow a pedestrian to cross.
- Pedestrians cannot suddenly leave a place of safety such as an island or sidewalk and walk or run into the path of a vehicle in a way that makes it impossible for a driver to yield.
Compensation for Victims of Pedestrian Accidents
When you’ve been injured by a motor vehicle as a pedestrian, your injuries may be serious and require a long recovery period. You may even be unable to work while you recover from your injuries. When your injuries are due to someone else’s negligence, you deserve compensation for the harm done to you and the disruption to your life. An experienced pedestrian accident attorney may be able to help you acquire damages for:
- Past and future medical expenses related to the accident
- Lost wages while unable to work during recovery
- Pain and suffering
We Want to Help
At Ponce Law, it’s our goal to ensure everyone’s story gets heard by the legal system. We’ll help prepare a strong claim on your behalf, and we’ll push back on the big insurance companies. So don’t wait—give our friendly legal professionals a call, today.