Bradley County Pedestrian Accident Lawyer
People who are hit by cars as pedestrians can suffer catastrophic injuries. Collisions that would cause only minor damage to a person while in a car can result in broken bones, severe bleeding, or even death to those who are hit while walking.
However, just because a person is hit while a pedestrian does not automatically place the driver at fault for the accident. Injured pedestrians still need to prove their case through the lens of the law.
A Bradley County pedestrian accident lawyer can provide representation for injured pedestrians. Consult a skilled personal injury attorney that can attempt to demonstrate the negligence of the driver, and to obtain full compensation for your injuries.
Tennessee Law Concerning Negligence
Tennessee’s legislature has passed no law stating how an injured pedestrian may recover compensation from an at-fault driver. Instead, plaintiffs must pursue their case through the common law tort of negligence. The common law is simply a collection of court rulings that have been followed over the years.
These rulings have identified five parts, or elements, of a negligence claim that an injured plaintiff must be able to prove.
- Duty – In some situations, the law creates a responsibility for some people to care for the well-being of others. This is known as the duty of care. Drivers of vehicles have a duty to care for all other drivers, passengers, and pedestrians. Because of this, whether the driver possessed duty is never in dispute
- Breach – A breach of the duty of care happens when the person with the duty breaks their responsibility to care for others. This can be achieved in any number of ways, such as not yielding to pedestrians in crosswalks, by driving up over the curb, or simply by speeding. Whether a breach of duty happened is often the central question in pedestrian accident cases
- Cause – The injuries suffered need to have been caused by the accident. If a plaintiff alleges that their hip was broken in the collision, the plaintiff will have to prove that the hip was not broken prior to the accident
- Scope – The injuries suffered by the plaintiff need to be foreseeable from the facts of the case. Because pedestrian accidents can severely injure or even kill people, this is not often in dispute.
- Damages – The plaintiff needs actual physical injuries to prevail. Other injuries, such as lost time at work or mental anguish can absolutely be added on, but the case must have a foundation in a physical injury
Statute of Limitations
One other part of the law to remember is the statute of limitations. The legislature has passed a law stating that lawsuits for personal injury must begin within one year of the accident in TN Code 28-3-104. This is a very short time so contact a lawyer today.
Benefit of a Bradley Pedestrian Accident Attorney
People who have been injured by a driver while walking may assume that they have an open and shut case against the driver. However, insurance companies make a profit by denying claims and may try to shift blame onto the pedestrian. They might argue that perhaps it was rainy out and the driver could not see the Bradly County pedestrian accident lawyers investigate the cases fully and fight for our injured individuals’ rights.
An experienced attorney understands the tactics used by the insurance companies and how to fight back. Most of the time, cases settle without needing to go to court, but if a trial is necessary the lawyer will stand by the plaintiff’s side, every step of the way. By gathering evidence in the case and applying it to the law, your Bradley County pedestrian accident lawyer can help you recover the fair compensation that you deserve.
