Pedestrians struck by a vehicle usually suffer devastating injuries that can alter a victim’s life. Pedestrian victims of a negligent drivers deserve compensation for the harm they sustained.
Fortunately, a skilled Tennessee pedestrian accident lawyer can help hold the negligent party accountable. Pedestrian accidents are more common than most think but often occur at crosswalks, parking lots, and sidewalks. To recover compensation, you must provide evidence to prove your claim. The evidence collected will also be important to calculate your damages, of which there are several types you could claim. In egregious cases, punitive damages could be awarded to you to punish the defendant for their wanton conduct.
If you were a pedestrian injured in an accident caused by another person, our Tennessee pedestrian accident lawyers can help you recover the compensation you are entitled to. Contact Howe Law today at (844) 876-4357 for a free case evaluation.
How Pedestrian Accidents Commonly Happen in Tennessee
Pedestrian accidents can occur anywhere but are more likely to happen where people are near busy traffic areas. Most pedestrian accidents are caused by driver negligence and can leave a victim with significant injuries. Fortunately, our Tennessee pedestrian accident lawyers can help you recover compensation regardless of where your accident occurred.
Accidents at Crosswalks
Pedestrian accidents often occur at crosswalks, even ones fully equipped with stop lights and crosswalks signs. Drivers have more distractions than ever before and get distracted as they approach a crosswalk. Speeding drivers will also have difficulty stopping in time for a pedestrian crossing the street.
Accidents in Parking Lots
Another common location for pedestrian accidents in Tennessee is parking lots. Busy parking lots are notorious for inattentive drivers. Further, many parking lots do not have pedestrian walkways, increasing the chances of a devastating accident. Victims can still sustain serious injuries even though a car might move slowly through a parking lot.
Accidents on Sidewalks
Pedestrian accidents that happen on sidewalks can be some of the worst kinds and can even be fatal. These situations occur when drivers lose control of their vehicles and jump the curb. This can be caused by a driver being distracted or a vehicle malfunction, like a tire blowout. Sidewalk accidents can also occur when drivers take a turn too sharply, injuring a passenger on the corner. Our Tennessee pedestrian accident lawyers can review the facts of your case to determine the best way to prove your damages.
Compensation You Could Recover in a Tennessee Pedestrian Accident Lawsuit
Most victims know they can recover compensation for their injuries in a lawsuit but might not be familiar with the damages they are entitled to claim. Fortunately, a pedestrian accident victim can pursue multiple categories of damages. This includes damages for financial harms you have suffered, as well as damages for the psychological effects your injuries have caused. In rare cases, you could be awarded further compensation if your injuries were caused by reckless conduct.
The form of compensation that most victims are familiar with is economic damages. Economic damages are awarded to compensate victims for the monetary losses caused by their injuries. This typically includes current and future medical expenses, lost wages, and the loss of future earning potential. You can also claim out-of-pocket expenses associated with your injuries, like the cost of travel for doctor’s appointments and childcare.
Economic damages are shown with medical records and bills, employment records, and receipts. These records will also be used as a starting point to assess the value of your claim.
Victims can also recover compensation for non-economic damages. These types of damages are commonly referred to as pain and suffering. Pedestrian accident injuries can be severe and will understandably impact a victim’s life in many ways. Many victims will experience physical pain from their injuries long after the accident and likely have emotional trauma that could take years to overcome. Family relationships are often impacted, and a victim might feel humiliated or lose enjoyment in the things they did before being injured.
While these damages can be challenging to calculate, they can be claimed as part of your pedestrian accident lawsuit. An award for non-economic damages can greatly increase the amount of compensation a victim receives to care for their injuries.
Lastly, punitive damages can be claimed in pedestrian accident lawsuits where the injuries were caused by another person acting maliciously, intentionally, fraudulently, or recklessly. Punitive damages are awarded in a civil case as a means of punishing the defendant and as a deterrent from future parties behaving similarly. Plaintiffs will still receive the award for punitive damages, but they are not intended as compensation.
However, Tennessee caps the amount of punitive damages awarded in a personal injury case. According to T.C.A. § 29-39-104, punitive damages will be limited to either two times the total amount of the compensatory damages awarded, like those mentioned above, or $500,000, whichever is greater. Our Tennessee pedestrian accident lawyers can review your case to determine the value of your claim and whether punitive damages are called for.
Time Limit to File a Tennessee Pedestrian Accident Lawsuit
The time limit to file a lawsuit in Tennessee is known as the statute of limitations and is one of the shortest in the country. According to T.C.A. § 28-3-104, pedestrian accident victims have only one year from the date of their accident to file a lawsuit in Tennessee.
Considering the extremely short deadline, there is no moment to lose getting your lawsuit started. In most cases, you will be barred from recovering compensation from the court if your lawsuit is not filed within a year. Our Tennessee pedestrian accident lawyers can review your records and draft a complaint to initiate your lawsuit before the deadline passes.
Our Tennessee Pedestrian Accident Lawyer Can Help
If a negligent driver injured you, our Tennessee pedestrian accident lawyers can help you get justice from the person responsible. For a free case review, call Howe Law at (844) 876-4357.