Knoxville has many walkable areas for pedestrians to enjoy the city’s rich history and social life. Unfortunately, sometimes negligent drivers injure pedestrians, often causing serious injuries that could alter a victim’s life.
Fortunately, an experienced Knoxville pedestrian accident lawyer can help pedestrian victims know their rights after being injured. There are several types of damages that victims can claim in a Knoxville lawsuit. However, determining who caused your accident is not always a straightforward process. In some cases, an investigation will need to be conducted to identify a driver and bring them to justice. But there is not much time to file a lawsuit in Tennessee, so time is of the essence.
If you were a pedestrian injured by a negligent driver, our Knoxville pedestrian accident lawyers can help you hold them accountable for the damages they caused. Contact Howe Law today at (844) 876-4357 for a free review of your case.
Determining Who is Liable for a Pedestrian Accident in Knoxville
Figuring out who is liable for a pedestrian accident can be more challenging than one might assume. Unfortunately, some drivers do not always do the right thing and address the situation after striking a pedestrian. For instance, a pedestrian accident might involve just a single driver, but the driver refuses to share their insurance information or is argumentative after hitting you. In those cases, it is best to wait for the police to arrive and let them handle the information gathering. The driver’s name, address, and other details about the accident will be included in the police report, which can be used to start drafting your complaint for a lawsuit.
If you were the victim of a hit-and-run driver, you would likely not have any information to identify them. Police should be called after a hit-and-run accident since it is not only wrong but also a crime. Any information you have, like partial plate numbers or the car’s make and model, will help law enforcement potentially catch the driver later. Further, our Knoxville pedestrian accident lawyers will work with law enforcement, using our resources to ensure no stone is unturned in your efforts to identify the person that injured you.
Damages Available to Victims of Pedestrian Accidents in Knoxville
Pedestrian accident victims can claim a wide range of damages for the injuries they suffered. These damages can be awarded to cover financial losses, as well as damages for the emotional pain and suffering your injuries have caused. In the most heinous pedestrian accidents, punitive damages might also be awarded to punish the defendant driver.
The most commonly understood form of damages a victim could recover is economic damages. These damages include current and past medical expenses and compensation for your lost wages from time missed at work. You can also claim any out-of-pocket expense you incurred as a result of treating your injuries, like childcare costs and costs for medical equipment.
Calculating economic damages can be challenging since you can also claim any future medical expenses and lost wages your injuries will cause. In severe cases, a victim could claim future lost earning capacity as part of their economic damages. It takes a great deal of evidence to establish future damages, but a pedestrian accident victim has every right to claim them in their lawsuit.
Non-economic damages are slightly more challenging than economic damages to establish since these damages are awarded for the psychological and physical pain your injuries have caused. Commonly referred to as pain and suffering damages, non-economic damages compensate a victim for the impact their injuries have had on their life and relationships. For example, victims of a devasting pedestrian accident might have trouble maintaining relationships because of their injuries or might not be able to partake in the hobbies that brought them joy before their accident.
Serious injuries can also affect a victim’s marriage, possibly causing them shame and humiliation. Fortunately, you can be compensated for the physical pain and emotional distress your injuries have caused you.
In the worst pedestrian accident cases, punitive damages could be awarded to punish the defendant for their actions. Punitive damages can be awarded in a lawsuit if it is shown that the defendant acted maliciously, intentionally, fraudulently, or recklessly when they caused the plaintiff’s injuries. For instance, a victim of a hit-and-run driver or one under the influence of alcohol or drugs would likely be awarded punitive damages the punish the egregious conduct.
Tennessee does cap an award for punitive damages, however. According to T.C.A. § 29-39-104, a victim can recover either two times the total amount of the economic and non-economic damages awarded or $500,000, whichever is greater. Our Knoxville pedestrian accident lawyers can help you determine if your case calls for punitive damages to get the justice you deserve.
Statute of Limitations to File a Pedestrian Accident Lawsuit in Knoxville
The statute of limitations is the legal term for the time limit to file a lawsuit in Tennessee. Unfortunately, Tennessee has one of the shortest deadlines in the country. According to T.C.A. § 28-3-104, pedestrian accident victims have just one year from the date of the accident to file a lawsuit in Knoxville.
This deadline leaves little room for error. It takes time to collect evidence and interview witnesses, which is necessary to draft a complaint and file a lawsuit. There are very few exceptions to the statute of limitations. Your case will likely be dismissed if a lawsuit is not filed within one year.
However, this deadline only applies to filing your lawsuit. Once the lawsuit is filed, your case may progress at whatever speed the circumstances call for. Our Knoxville pedestrian accident lawyers can help you prepare your lawsuit and file your claim before time runs out.
Our Knoxville Pedestrian Accident Lawyers Can Help
If you were injured in a pedestrian accident, our Knoxville pedestrian accident lawyers will fight to recover the vital compensation you need for your injuries. For a free case evaluation, call Howe Law at (844) 876-4357.