Injured by a Negligent Driver While Walking?
Pedestrians have no protection from the force of a collision with a car. This often results in severe injuries that require long-term medical care.
Our Chattanooga pedestrian accident lawyers help these victims seek compensation for medical costs, lost wages, pain and suffering, and more. We know many of these victims are unsure of what to do next, which is why we offer a free legal consultation.
Whether you were injured in an accident involving a car, truck, bus or bicycle, our firm has the experience and proven record to guide you through the legal process. Our lawyers do not charge any upfront fees to represent you and are available 24/7 to support you through your road to recovery.
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We choose cases that we believe in, so you know we are ready to fight for you.
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We are committed to pursuing the best results for our clients throughout the legal process.
Why You Should Consider Hiring a Chattanooga Pedestrian Accident Lawyer
Pedestrian crash victims often have numerous questions about what to do next. They may think about hiring a lawyer but are often unsure if they need one.
However, there are a multitude of benefits to hiring a lawyer to represent you during this stressful time. If we determine you have a case and you hire our firm to represent you, we are prepared to take numerous steps to seek justice and compensation. These steps may include:
- Utilizing our extensive knowledge of right-of-way laws and other Tennessee laws that may establish the negligent driver’s duty of care.
- Conducting a comprehensive investigation to gather crucial evidence to support your claim.
- Accurately evaluating the full effect of your injuries and damages, including your current and expected future damages.
- Negotiating with the liable insurance company to pursue full compensation.
- Preparing your case for court if the insurance company does not offer fair compensation.
- Personalized attention and prompt communication, keeping you informed and involved at every step of the legal process.
- Countering the insurance company’s attempts to blame you for the crash or assign partial fault.
You can learn more about the benefits of working with Massey & Associates, P.C. in a free consultation. Call us today. We are here to help pedestrians injured by negligent drivers.
Do I Have a Valid Pedestrian Accident Case?
If you were hit by a car and you have reason to suspect the other driver’s negligence, such as if you were legally in a crosswalk at the time, there may be a case. You should strongly consider calling an experienced Chattanooga personal injury lawyer to review your options.
There are many things we must consider about your eligibility for legal action. For example, what caused the accident? Some of the common reasons for pedestrian accidents include:
- Distracted driving
- Speeding or disobeying traffic laws
- Failure to yield to pedestrians in crosswalks
- Driving under the influence
The main question is whether the driver engaged in negligence by breaching a duty of care, which directly resulted in your injuries and damages. Negligence often involves violations of the law, such as Tennessee Code Annotated sec. 55-8-134, which says: Driver must yield the right of way to any pedestrian in a crosswalk or in a school zone and must remain stopped until pedestrians make it completely off the road.
Other sections of the Tennessee Code provide that a driver must always use due care to avoid striking a person crossing the street regardless of who has the right of way, and the driver should sound their car horn if necessary.
Pedestrians are also expected to abide by traffic signals at intersections and are expected to not cross the road if it is not safe for them to do so (Tennessee Code Annotated sec. 55-8-110(a)(3)(B)).
Our experienced attorneys can determine if you may be able to pursue compensation for your medical costs and more. Contact our firm 24/7 for answers to your legal questions.
Case Results
We make sure to hold an aggressive representation on all cases as well as communicate effectively and demonstrate a high level of professional ethics for the rights of our clients.
$268,000,000
Product LiabilityThis was a national case covering hundreds of plaintiffs when an implanted heart defibrillator malfunctioned, injuring many and even killing some people.
$2,000,000
Medical MalpracticeHusband of a young mother who died due to the failure to diagnose a pulmonary embolism
1,311,750
Motor Vehicle AccidentBoy injured in a jet ski accident
“If anyone in Chattanooga needs an attorney, Mr. Massey is your man”
Tonda H.
What Types of Pedestrian Accident Cases Do We Take On?
Were you seriously injured in any of the types of Chattanooga pedestrian accidents listed below? Our firm may be able to help you seek compensation:
- Crosswalk accidents at intersections or mid-block crossings caused by drivers failing to yield to pedestrians
- Intersection accidents where pedestrians are struck while crossing at intersections without signals, such as by a vehicle turning right or left
- Sidewalk accidents caused by drivers who lose control and mount the curb
- Backing-up accidents where drivers fail to check for pedestrians before backing up
- Dart-out accidents caused by pedestrians darting out into the road, such as from between parked cars
- Bus stop accidents where pedestrians get hit while waiting for buses
- Drunk driving accidents, which often happen at night in urban areas
- Work zone accidents where pedestrians get hit by drivers who are confused by altered traffic patterns
- School zone accidents involving children, especially when they are getting picked up or dropped off
- Collisions caused by poor visibility, such as from poor lighting, bad weather or simply driving at night
- Multiple-threat accidents where one vehicle stops for a pedestrian, but another does not
What Is Your Chattanooga Pedestrian Accident Case Worth?
There are many factors in the value of compensation for a pedestrian accident case, such as:
- Extent and Permanency of Injuries: Two of the central factors in the value of a case are the severity and lasting impact of your injuries. The worse the injury and the longer it affects you, the more your claim is likely to be worth. For instance, pedestrian accident victims who have paralysis from a spinal cord injury often need long-term care and must make significant adjustments to their lifestyle.
- Impact on Your Ability to Work and Earn: How long will the injury prevent you from working or limit your hours or tasks you can perform? Some victims cannot work during their recovery, allowing them to seek compensation for lost wages. Others may have permanent impairments that prevent them from working or working in the same capacity as before. For instance, if your pedestrian crash injury prevents you from progressing in your career, you can seek compensation for lost earning capacity.
- Medical Expenses: Immediate medical costs following an accident are often just the tip of the iceberg. We must account for future medical expenses, including rehabilitation, surgery and any long-term care requirements so the compensation you receive today safeguards your health and financial well-being tomorrow.
- Pain and Suffering: This refers to the emotional distress and physical pain you have endured and may be likely to endure in the future. These emotional and physical issues can profoundly reduce your quality of life. It is much harder to calculate these damages than it is to evaluate medical costs. Pain and suffering are subjective and based on the victim’s experience. Our compassionate attorneys understand this and we are committed to securing compensation that accounts for the physical and emotional toll of a serious injury.
At Massey & Associates, P.C., we understand that the value of your compensation represents the major impact the accident has had and will have on your life. We evaluate the full picture to ensure the compensation we seek reflects all the damages you have suffered.
How Long Do I Have To File a Claim?
Tennessee gives pedestrian accident victims one year to seek compensation. While this is the deadline for filing a lawsuit, insurance company deadlines for filing claims are nowhere near as long. Victims should reach out to an experienced Chattanooga pedestrian accident lawyer as soon as possible to discuss legal options.
There are several exceptions to the one-year statute of limitations for filing a lawsuit for a pedestrian accident injury, such as:
- Disability: If you, as the injured party, are considered legally “disabled” at the time of the accident (due to minority or mental incapacity), the clock on the statute of limitations may not start running until the disability is lifted.
- Absence of the Defendant from the State: Should the individual responsible for the accident leave the state of Tennessee or conceal themselves within the state, the statute of limitations will stop until the liable party is found or he or she returns to the state.
- Discovery Rule: In certain cases, the one-year timeframe to file a lawsuit may start from the date when you discovered your injury, rather than the date of the accident.
Our attorneys can evaluate your situation to determine if any of these exceptions may apply to your case.
Injured?
Contact Massey & Associates, P.C.
You do not need to feel intimidated by the insurance company. The law gives you the right to seek compensation for damages after an injury caused by another’s negligence. The law also allows you to hire an experienced lawyer to help level the legal playing field and seek a favorable result.
Massey & Associates, P.C. has many years of experience securing justice and compensation for the injured in the Tampa area. There are no fees unless we win your case, either through a settlement or in the courtroom.
Call (423) 396-0720 to get legal help today..
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How Can I Seek Compensation After Being Hit as a Pedestrian in Chattanooga?
Pedestrians have two main options for seeking compensation for their damages:
- Filing an Insurance Claim: Your first option for seeking compensation after getting hit by a car is to make a claim against the driver’s insurance policy. In Tennessee, drivers are required to have a minimum of $25,000 in liability coverage for each injury or death per accident. This claim can cover your immediate medical expenses, lost wages and potentially other damages, depending on your situation and the specifics of the insurance policy. Most drivers purchase more than the minimum required coverage, so the insurance policy may have enough to cover your damages.
- Personal Injury Lawsuit: Most cases settle, but pedestrian accident victims still have the option to file a lawsuit. This often happens when the victim’s lawyer and liable insurance company cannot reach agreement on a settlement. The insurance company may deny the claim or not offer enough compensation. Filing a lawsuit may allow you to recover additional compensation beyond what would be available in an insurance claim, such as compensation for pain and suffering and emotional distress. Juries are often sympathetic to crash victims and may award more total compensation than insurance companies.
You can review your options with an experienced Chattanooga pedestrian accident lawyer at Massey & Associates, P.C. in a free legal consultation. We are always prepared to take cases to court, as our goal is to secure full compensation. Hiring a law firm with a proven track record in the courtroom often provides a strong incentive for the insurance company to increase its offer of compensation.
What if the At-Fault Driver Does Not Have Insurance?
Even though it is illegal and financially risky, many drivers choose not to purchase insurance. For example, they may have let the policy lapse and not purchased a new one.
Many of these drivers flee the scene of an accident, as they want to avoid the consequences for not buying insurance. Even if the driver stays at the scene, the victim is going to be left questioning how he or she can secure compensation.
Fortunately, you can use the uninsured motorist coverage in your car insurance policy. If you do not have car insurance, you may still be covered by a family member’s insurance policy. You can also use uninsured motorist coverage after a pedestrian hit-and-run accident.
Uninsured motorist coverage pays for medical costs, lost wages and more after an accident caused by a driver who does not have insurance. This coverage is typically bundled with underinsured motorist coverage, which applies to cases where the at-fault driver does not have enough coverage for your damages.
Representing the People of Tennessee and Georgia
Massey & Associates consistently earns repeat business and referrals due to our success. We often win cases other attorneys deemed hopeless, turning them into victories for our clients.
Gary Massey
Read Bio: Gary MasseyGary Massey, Jr., is a well-known courtroom advocate practicing law in Chattanooga, Tennessee. Gary is a native of Tennessee who began practicing law in 1998. He graduated from Cumberland School of Law where he was ranked in the top 3% of his class and was an editor of the Cumberland Law Review.
How Can I Strengthen My Chattanooga Pedestrian Accident Claim?
There are numerous steps you can take to protect and strengthen your pedestrian accident case, including:
- Taking Pictures at the Scene: This is not always possible. However, when it is, the pictures can help your lawyer prove what happened. Victims should take pictures of visible injuries, road conditions, the at-fault driver’s vehicle, crash debris and anything else that may be relevant.
- Calling Police: You should call the police after just about any type of collision. You may be required to do so by law, but calling the police also benefits your injury claim. The officer will complete a report, which helps you prove to the insurance company that you were involved in an accident.
- Obtain Contact Details from Any Witnesses: Witnesses may be able to corroborate your account of the collision. Assuming they have no connection to you, their statements can help bolster your credibility and provide an objective assessment of what happened.
- Seeking Medical Attention Promptly: Getting a timely medical evaluation confirms the direct link between the accident and your injuries, providing irrefutable documentation of your physical harm. This makes it harder for the insurance to argue about what caused your injuries.
- Reporting the Accident to the Insurance Company: Contacting the insurance company right away helps get the process started. However, you need to be careful not to say too much to the insurance company. You could say something that the insurance company can use against you.
- Keeping Detailed Records of All Accident-Related Expenses and Losses: Meticulously recording all costs and losses related to the accident provides tangible proof of the financial impact it has had on you.
- Consulting with an Attorney: You may think you can go through this process on your own. However, insurance companies often try to lowball accident victims who handle things by themselves. You should discuss things with an experienced attorney. Our lawyers know how to navigate the complexities of an insurance claim. Hiring a lawyer tells the insurance company you are serious about recovering full compensation.
What Are the Most Common Pedestrian Accident Injuries
Some pedestrian crashes cause minor injuries, like cuts or bruises. However, there is high potential for much more severe injuries, including:
- Traumatic brain injuries
- Spinal cord injuries, including those that cause paralysis
- Multiple fractures, especially to legs, arms and pelvis
- Internal organ damage, particularly to liver, spleen and kidneys
- Severe lacerations and road rash
- Crush injuries, often involving the legs
- Amputations or de-gloving injuries
- Thoracic trauma, including rib fractures and lung injuries
- Facial injuries and dental trauma
- Vertebral fractures
- Hemorrhagic shock from extensive blood loss
- Soft tissue injuries, including ligament and tendon damage
- Post-traumatic stress disorder (PTSD)
- Neck injuries, including whiplash
- Severe contusions and hematomas
There are many ways a collision between a pedestrian and a car can cause severe injuries. The main point is that pedestrians are much smaller than cars and they do not have the protection that vehicle occupants have.
Getting hit by the car is dangerous enough, but there is also a secondary impact when the pedestrian falls to the ground. Sometimes victims are run over, causing severe crush injuries and complex bone fractures.
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Contact a Chattanooga Pedestrian Accident Attorney Today
If you were injured in a pedestrian accident, contact our Chattanooga pedestrian accident lawyers today. We understand the unique aspects of these cases and how to pursue the full value of your damages.
We are ready to assist you during this difficult time and there are no upfront costs. We only get paid if we win your case and recover compensation for you.
Start the process of seeking justice today: (423) 396-0720.