Injured In an Pedestrian Accident in Knoxville?
Contact The Lawyers of Brown & Roberto Today
Between 2009 and 2019, the state of Tennessee saw a 117% increase in pedestrian accident deaths according to the state’s Department of Transportation. The roads have become increasingly dangerous for walkers, and those who are hurt or killed in a pedestrian accident need to know their rights if a crash changes their life.
The Lawyers of Brown and Roberto can help. Since 1979, our firm has represented accident victims. Over time, our Knoxville personal injury lawyers have helped clients recover more than $50 million in compensation for their losses, including in one recent pedestrian accident claim where a client received $2.1 million after a car struck them.
We pride ourselves on establishing trust with our clients so they can focus on getting better or rebuilding their lives after a serious or fatal pedestrian crash while we fight for the compensation they need to move forward. Give us a call today at (865) 691-2777 to speak with a Knoxville pedestrian accident attorney to learn more.
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Who is Responsible for a Knoxville Pedestrian Accident?
Pedestrian accidents are most likely to occur mid-block while drivers are traveling straight, according to the Tennessee Department of Transportation. Going straight at an intersection was the second most common circumstance under which accidents occurred while crashes that happen while drivers are backing up or parking are more rare.
In some cases, pedestrians cause or contribute to these crashes by stepping out into traffic. In many other circumstances, however, drivers are engaged in unsafe behavior such as driving while intoxicated or distracted, speeding, drowsy driving, or aggressive driving. If a driver is wholly or partly responsible for causing a pedestrian crash, that driver can be held accountable in Tennessee.
In fact, as McIntyre v. Balentine explains, “so long as a plaintiff’s negligence remains less than the defendant’s negligence the plaintiff may recover; in such a case, plaintiff’s damages are to be reduced in proportion to the percentage of the total negligence attributable to the plaintiff.”
Pedestrians will need to prove negligence to hold drivers accountable, which Giggers v. Memphis Housing Auth states is ” the failure to exercise reasonable care.” A pedestrian who can show a driver failed to fulfill their duty to keep them safe may be able to make a successful claim.
What Does a Knoxville Pedestrian Accident Lawyer Do?
When you are pursuing a pedestrian accident case, you have a one-year timeline to file your claim under Tennessee’s statute of limitations found in Tennessee Code Section 28-3-104. An experienced Knoxville pedestrian accident attorney can start working on your case from day one to gather evidence, show the driver was responsible and demonstrate the extent of your losses.
At The Lawyers of Brown and Roberto, we will work to successfully negotiate a settlement to help you get fair compensation outside of court when possible. We can also fight on your behalf in a courtroom as we have extensive litigation experience and are members of the Tennessee Trial Lawyers Association.
Our car accident lawyers in Knoxville understand the complexities that often exist in pedestrian accident cases as it can sometimes be difficult for witnesses or the police to determine if the driver or the pedestrian was to blame. We’ll work with you to gather all evidence including expert testimony, to show that you should be “made whole” or compensated fully for the harm that you endured.
What Compensation Is Available After a Knoxville Pedestrian Accident?
When a vehicle strikes you while you are walking, the financial consequences can add up quickly, often well beyond what your health insurance or savings can absorb. Tennessee law allows injured pedestrians to pursue compensation for the full range of losses tied to the crash. Here are the categories of damages you may be able to recover:
- Medical Expenses: This covers everything from the ambulance ride and emergency room visit to surgeries, hospital stays, prescription medications, follow-up appointments, physical therapy, and any ongoing care you will need down the road.
- Lost Wages: If your injuries kept you out of work during recovery, you can seek reimbursement for the income you missed, including the loss of benefits and paid time off you had to use.
- Loss of Earning Capacity: When injuries prevent you from returning to your previous job or limit the type of work you can do going forward, compensation can account for that reduced earning potential over your lifetime.
- Pain and Suffering: Tennessee allows recovery for the physical pain and emotional distress caused by the pedestrian accident, including anxiety, depression, and post-traumatic stress.
- Property Damage: Personal items damaged in the crash—such as your phone, glasses, or clothing—can be included in your claim.
- Wrongful Death Damages: If a family member died in a pedestrian crash, surviving loved ones may pursue compensation for damages like funeral costs, loss of companionship, and lost financial support.
What Are Common Pedestrian Accident Injuries?
Because pedestrians have no protection between their bodies and a multi-ton vehicle, the injuries from these crashes tend to be severe and varied. Even a low-speed impact can cause damage that takes months or years to heal. Some of the most frequently reported pedestrian accident injuries include:
- Traumatic brain injuries
- Spinal cord damage
- Broken legs
- Broken arms
- Hip and pelvic fractures
- Organ damage
- Road rash
- Lacerations
- Soft tissue injuries
- Torn ligaments
- Dislocated joints
- Facial fractures
- Dental injuries
- Amputations
The aftermath of these injuries can be severe, and the road to recovery can be complex. You may face permanent mobility limitations or chronic pain that affects your sleep and daily routines. Cognitive difficulties can change how you work or relate to family, and emotional struggles can linger long after the physical wounds have healed. In very severe cases, you may require lifelong assistive devices, home modifications, or in-home care, which can drain your family’s resources for decades.
What Is the Statute of Limitations for Pedestrian Accidents in Knoxville?
Tennessee gives you just one year from the date of the pedestrian accident to file a personal injury lawsuit. That window closes faster than most people expect, especially when you are juggling medical appointments and trying to get your life back on track.
Miss the deadline, and you typically lose your right to recover anything, no matter how strong your case might have been. Reaching out to a Knoxville pedestrian accident lawyer early gives your attorney time to investigate, preserve evidence, and build the strongest claim possible before the clock runs out.
Contact Us To Learn How Our Knoxville Pedestrian Accident Attorneys Can Help You
Don’t leave your pedestrian accident case to chance, as a lot of money is often at stake due to the serious injuries these crashes can cause. Contact the Lawyers of Brown and Roberto at (865) 691-2777 today to speak with an experienced Knoxville pedestrian accident attorney who will fight for you.