Pedestrians are at an especially high risk of injury in a pedestrian accident. They often have nothing to protect them from the force of the vehicle, and injuries can be catastrophic.
Pedestrian accidents often happen when drivers are negligent or inattentive. Alternatively, drivers might be impaired behind the wheel and unable to react to the pedestrian. After a pedestrian accident, you can file an insurance claim against the driver’s insurance even though you were not driving a car. You can also file a lawsuit against the driver and have them held liable in a court of law. Your case will likely involve significant economic damages, particularly expensive medical bills. You can also claim non-economic damages related to pain, suffering, humiliation, and other negative experiences connected to the accident. To prove your claims and get compensation, you need evidence. Photos from the scene, testimony from witnesses, and details about your injuries are all necessary for you to win your case.
Our Nashville pedestrian accident attorneys have handled these kinds of cases before and can help you take legal action against the driver who hit you. For a free review of your case, call Howe Law at (844) 876-4357.
How Pedestrian Accidents Can Happen in Nashville
Injured accident victims often report that the car came out of nowhere. This is not an unusual experience, as cars can quickly come up on a pedestrian before the pedestrian realizes it. Common locations of pedestrian accidents include crosswalks, sidewalks, and parking lots. Our Nashville pedestrian accident lawyers are familiar with the ins and outs of these collisions and can help you get justice.
Inattentive driving is one of the biggest causes of pedestrian accidents. For example, a speeding driver might approach a crosswalk full of pedestrians without stopping because they are distracted by their cell phone. Perhaps the driver was making a long road trip and was staring off into the distance out of boredom, not focusing on the fast-approaching crosswalk. You need to discuss with your attorney how your crash happened so you can take appropriate action.
Sidewalks are another possible location for pedestrian accidents. While drivers are not permitted to drive on sidewalks, it can happen if they lose control of their vehicles. For example, an inebriated driver might run up on the sidewalk without realizing it. A driver could also crash into pedestrians on a sidewalk if they lose control after hitting a patch of ice or hydroplaning on a wet road after a storm. Drivers must adjust their driving in poor weather to remain safe. If they do not, pedestrians might be hurt, and drivers might be liable.
People are often surprised that many pedestrian accidents occur in parking lots. Parking lots are often full of cars entering and exiting the lots and pedestrians walking to and from their vehicles. If a car enters the parking lot too quickly, pedestrians can easily get hurt.
How to Take Legal Action After a Pedestrian Accident in Nashville
After being injured by a negligent driver, you might have several legal options to choose from. Our dedicated Nashville pedestrian accident attorneys can help you decide which course of action is best for you and likely to get you the compensation you need. While many injured accident victims often turn to insurance, a lawsuit is also possible and might even be better for you under certain circumstances.
Insurance
Auto insurance should cover any accident involving a vehicle, even if only one party to the accident was driving. Since Tennessee is a fault-based state, you must file a third-party claim against the driver’s insurance and prove to the insurance company that the driver is at fault.
Your own insurance might cover you if the driver is uninsured or fled the scene before you could get their insurance information. If you have uninsured or underinsured motorist coverage, you might be covered. Since these are optional policies, not everyone has them, and they might need to find other legal options, like filing a lawsuit.
Even when the driver has insurance, it does not always work out the way you need. For example, the insurance company might deny your claims or offer an insufficient settlement. In that case, our Nashville pedestrian accident lawyers can help you file a personal injury lawsuit against the driver.
Lawsuit
Lawsuits often become necessary when insurance claims are denied or insufficient. In particularly severe cases where injuries are extensive, or the driver’s actions were especially abhorrent, a lawsuit might need to be the first course of action. While insurance claims often cover various economic losses, they do not usually cover non-economic injuries, like pain and suffering. These damages may be available in a lawsuit.
A lawsuit might be the only option if the driver is uninsured or does not stop. In such cases, plaintiffs often must wait until a police investigation turns up the defendant so they can be sued.
A lawsuit is like an insurance claim in that you must prove that the driver caused the crash. However, a lawsuit involves more complex legal procedures and holds both parties to very high standards. Even so, the extra time and effort into a lawsuit may be worth it as more damages, including non-economic injuries, may be claimed.
Evidence you Need to Prove your Claims in a Nashville Pedestrian Accident Case
Evidence can be fickle. Some cases are full of evidence that plaintiffs can take advantage of. Other cases are less fortunate, and evidence is harder to come by. Our Nashville pedestrian accident attorneys have experience with various forms of evidence. We can help you find what you need to prove that the driver is responsible for the accident.
Photos from the scene can help preserve the scene for presentation at a trial. Many details, like weather conditions, are fleeting and might be hard to prove without photos. Also, photos can help establish who was at the scene and even identify the defendant.
Witness testimony is a powerful tool in the courtroom and should not be underestimated. If the accident occurred on a crowded street, there might be lots of witnesses who can testify at your trial. Witnesses from multiple vantage points may help strengthen your case against the defendant.
We also need evidence proving just how bad your injuries were after the crash. Your medical records may be presented to inform a jury of how badly you were hurt, the cost of medical care, and whether you suffered any long-term damage.
Call Our Nashville Pedestrian Accident Lawyers for a Free Case Assessment
A pedestrian accident often leaves drivers mostly unchanged, while pedestrians are severely injured. Our Nashville pedestrian accident attorneys can help you file a lawsuit to get justice and compensation for the harm you suffered. Call Howe Law at (844) 876-4357 to schedule a free evaluation of your case.
