Cleveland, TN Pedestrian Accident Lawyer
When pedestrians are hit by a motor vehicle, the resulting injuries can be devastating. If you suffered an injury while walking on a sidewalk or crossing the street it disrupts not only your day, but potentially several weeks or months depending on the extent of your injuries. Injured pedestrians are protected and may have legal recourse against the driver who inflicted his or her injuries.
A seasoned personal injury attorney has the knowledge and experience to provide you with proficient representation throughout all stages of your case. A Cleveland, TN pedestrian accident lawyer can help you receive the damages you deserve.
Causes of Pedestrian Accidents
Many pedestrians accidents happen because a driver is being reckless or careless. Pedestrian accidents may occur due to:
- Intoxicated driving
- Distracted driving
- Texting while driving
- Poor visibility
- Failure to stop at a crosswalk or intersection
- Speeding
Drivers do not always have to be going fast on main roads to cause an accident. Although many pedestrian accidents occur on public main roads, accidents can also happen in driveways or parking lots.
Cleveland Pedestrian Laws
All drivers in Cleveland have a legal duty to exercise due care under the circumstances to avoid striking a pedestrian (see Tennessee Code Annotated § 55-8-136). This means that drivers should be aware of all their surroundings and especially of pedestrians walking adjacent to or crossing the road.
Under this Section, drivers are encouraged to use their horns to alert pedestrians that a car is approaching if necessary. Furthermore, if a driver notices children or intoxicated individuals near the road, they should take the necessary precautions to avoid an accident. Drivers who violate Cleveland pedestrian laws may be guilty of a misdemeanor as well as liable for any injuries. A victim should consult with a Cleveland, TN pedestrian accident lawyer before filing an injury claim.
Understanding Right of Way
Pursuant to state law in Cleveland, pedestrians have the right of way in crosswalks and school zones (see Tennessee Code Annotated § 55-8-134). Drivers should remain stopped until the pedestrian has completely crossed the road and no driver should pass a car that is stopped at a crosswalk or in a school zone.
Pedestrians should also abide by the rules of the road and act reasonably. Although pedestrians have the right of way in many circumstances, they should still take caution to refrain from running into the road and make sure oncoming cars have a chance to see them and stop in time.
Liability for Negligence
Successful negligence claims involving pedestrian accidents in Cleveland may need to establish four elements:
- The driver owed the pedestrian a reasonable duty of care
- The driver breached that duty of care
- The driver’s actions caused the accident
- The pedestrian suffered damages as a result of that accident
Depending on the case, proving liability for negligence may entitle the victim to receive damages including but not limited to those associated with medical costs, lost wages, and/or pain and suffering. However, pedestrians involved in an accident should be mindful that if they were more than 50 percent at fault for the accident, they may not be able to recover damages under the state law. Get in contact with a Cleveland, TN pedestrian accident lawyer for more information about filing a successful injury claim.
Speak to a Cleveland, TN Pedestrian Accident Attorney About a Claim
All pedestrian accident claims should be initiated no later than one year after the date of the accident in order to comply with the statute of limitations in Cleveland. If you believe you may have a potential pedestrian accident claim, contact one of our lawyers to get started.
A Cleveland, TN pedestrian accident lawyer knows that every case is different, and we streamline our approach to meet the individual needs of each person. To schedule a no-risk consultation, call us at your convenience.
