Hixson Pedestrian Accident Lawyer
Many areas in Tennessee allow residents the opportunity to walk rather than drive to wherever they are going. However, a car crashing into a pedestrian could cause severe medical injuries and financial stress. A personal injury attorney with knowledge of Tennessee’s courts may be able to guide you towards seeking fair financial restitution for these and other losses.
The legal system is incredibly complicated, and filing a legitimate claim on your own may come with risks. A Hixson pedestrian accident lawyer could help you traverse the legal process and effectively pursue the compensation you deserve.
How a Pedestrian Could Bring a Legal Claim
The most common claim that a plaintiff can make for a personal injury lawsuit is negligence on the part of the defendant. The plaintiff needs to show the following to prove legal negligence.
- The defendant had a duty to act reasonably
- The defendant breached that duty by failing to observe his or her duty of care
- The breach was the actual and foreseeable cause of the injury
- The plaintiff suffered damages
As an alternative to proving legal negligence, the plaintiff could utilize the similar but distinct concept of negligence per se. Negligence per se means that the defendant was violating a law designed to protect other individuals, and that violation harmed someone. Negligence per se is often easier to prove because the plaintiff must show the defendant was breaking the law rather than showing the defendant was unreasonable.
Many traffic laws are designed to protect other drivers and pedestrians. If a driver is driving along the sidewalk in violation of a local Hixson ordinance and hits a pedestrian, the injured individual could use the driver’s violation to prove negligence.
Important Insurance Laws for a Pedestrian Accident Claim
Tennessee is considered a “fault” insurance state, which means that individuals harmed by a car accident may bring lawsuits for damages against the other driver rather than only relying on their insurance coverage. Often, the defendant’s insurance company is in the best option to compensate the plaintiff. A knowledgeable Hixson pedestrian accident attorney may have the background necessary to navigate complex insurance laws on the plaintiff’s behalf.
Damages Recoverable for a Pedestrian Accident
A plaintiff can receive two types of damages in a negligence case: economic and non-economic damages. Economic losses are the direct financial costs that impact the plaintiff, such as medical bills or lost time from work. This type of loss is often easily measurable since each has a quantifiable dollar value.
In contrast, non-economic damages are costs that do not have a specific dollar value associated with them but still reduce the plaintiff’s overall quality of life. General pain and suffering and loss of consortium are common examples of compensable non-economic damages.
It can be challenging to figure out what exactly an injured pedestrian should receive for non-economic damages since it may be difficult to quantify what the plaintiff’s injuries are worth. An experienced pedestrian accident lawyer in Hixson may be able to measure non-economic damages and possibly find exceptions to compensation caps in injury cases.
Call a Hixson Pedestrian Accident Attorney Today
Tennessee state law provides options for injured pedestrians to recover compensation from the party who injured them, but it is often important to understand the legal landscape and how these cases work in order to find success with one. A Hixson pedestrian accident lawyer might be able you do so efficiently and effectively.
Under Tennessee Code §28-3-104, a plaintiff only has one year to file a personal injury claim. Time may be of the essence to preserve your claim, so call us today to discuss your case.
