Chattanooga Pedestrian Accident Lawyer

In Tennessee, the personal injury laws operate under a system known as modified comparative fault. This means that even if you bear some responsibility for the accident, you can still pursue damages for your injuries as long as your level of fault does not exceed 50%. If a percentage of fault is assigned to you, your compensation will be reduced by that percentage.

For instance, if you were deemed 10% at fault for the pedestrian accident, your compensation would be decreased by 10%. However, if your fault is determined to be 50% or higher, you would not be eligible to seek damages for your injuries.

Understanding the nuances of these laws is crucial in determining the validity of your pedestrian accident injury claim.

The choice to retain a lawyer is entirely yours to make.

In pedestrian accident injury cases, our role as legal representatives for the injured is to conduct a thorough investigation to ascertain liability and then engage with the insurance company or legal representatives of the responsible parties. Throughout this process, our primary concern is our client’s best interests and peace of mind.

We assume the responsibility of investigating the claim, and speaking with the parties responsible, relieving you of these burdens so you can concentrate on your recovery from your injuries.

While the ultimate decision to hire an attorney is in your hands, we strongly recommend getting in touch with our firm for a  Free and Confidential Consultation.

Pedestrian accident injury cases can become complex for several reasons:

Severity of Injuries: Pedestrians have no protection in the event of a collision with a vehicle, leading to more severe and complex injuries.

These injuries often require extensive medical treatment, surgeries, and long-term rehabilitation. The cost and complexity of medical treatments add layers to the legal case.

Long-term or Permanent Disability: Severe injuries may result in long-term or permanent disabilities, complicating the calculation of damages.

Determining future medical expenses, loss of earning capacity, and costs for long-term care or life modifications (like home renovations for accessibility) requires expert testimony and can make the case more complex.

Liability and Negligence Issues: Claims often involve investigating the accident scene, analyzing traffic laws, and sometimes dealing with multiple parties (like drivers, vehicle owners, insurance companies, and possibly municipal entities if road design or signage played a role).

Insurance Negotiations: Insurers often try to minimize payouts, leading to complex negotiations. They may dispute the severity of injuries, the need for certain treatments, or even the victim’s account of the accident.

Legal and Procedural Complexities: The legal process involves gathering evidence, meeting filing deadlines, adhering to court procedures, and potentially going to trial. 

Impact on Quality of Life: Assessing the non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life adds another layer of complexity. These are subjective and harder to quantify compared to economic damages like medical bills.

If you were involved in a pedestrian accident while crossing the road against a no-walk sign, you might wonder about your ability to recover damages. In Tennessee law, the concept of comparative fault is key. Specifically, if you’re found to be 50% or more at fault for the accident, you would typically be barred from recovering damages. However, each case has unique circumstances that can influence this determination.

For instance, if the driver involved in your accident was texting while driving, speeding excessively, or under the influence of alcohol or drugs, these factors could significantly shift the fault away from you. It’s crucial to consider whether the driver could and should have seen you, despite your crossing against the signal. If it’s determined that your level of fault is less than 50%, you may still be eligible to seek compensation.

We encourage anyone facing this situation to reach out for a free consultation.

Under Tennessee law, you generally have one year from the date of the accident to initiate a lawsuit for injuries sustained in a pedestrian accident. This statute of limitations is a critical factor in protecting your right to compensation.

Exceptions to the One-Year Timeline

However, there are notable exceptions where this timeline may be extended:

Cases Involving Minors: Tragically, a significant number of pedestrian accidents involve children. In Tennessee, minors have until their 19th birthday to file a claim for a pedestrian accident, regardless of when the accident occurred. This extension acknowledges the special status of minors in the legal system.

Accidents Involving Criminal Charges: If the person responsible for the accident faced criminal charges related to the incident, such as DUI or serious traffic violations like reckless driving, the timeline for filing a civil lawsuit may be extended.

If you are uncertain about your specific timeline or if any of these exceptions apply to your case, contact England Injury Law today. We understand that after an accident, you might feel overwhelmed and unsure about your next steps. That’s why we are here to help.

We urge you to contact us for a free consultation. Once these deadlines expire, you might be forever barred from seeking the compensation. Don’t let uncertainty about timelines prevent you from exploring your legal options.

One of the most common questions we hear at England Injury Law is, “How much will my injury claim be worth?” The answer, though not straightforward, hinges on several critical variables unique to each case. Understanding these factors can help you get a sense of what your claim might involve.

Key Variables Influencing Claims

Injury Severity: The nature and severity of your injuries play a significant role in determining the value of your claim. Generally speaking, more severe injuries may lead to higher compensation due to increased medical needs and potential long-term effects.

Medical Care Costs: These include all expenses related to your medical treatment — from emergency care and hospitalization to ongoing therapy and rehabilitation.

Loss of Wages and Earning Capacity: If your injuries have caused you to miss work or have diminished your ability to earn in the future, these financial losses will be considered in your claim.

Pain and Suffering: This refers to the physical pain and emotional distress you have endured because of the accident. Calculating this non-economic damage can be complex, as it involves assessing more subjective aspects.

Fault and Liability: The determination of who was at fault, and to what degree, can significantly affect your claim. Tennessee’s comparative fault rules may adjust the compensation based on your share of responsibility in the accident.

Why Each Case Is Unique

It’s essential to remember that no two cases are exactly alike. Cases that appear similar in their basic facts can result in very different outcomes due to various details uncovered during an investigation and the assignment of fault.

If you’ve been involved in a pedestrian accident and have injuries, we encourage you to reach out to us. We can assess your specific situation and provide more information.

We handle all Pedestrian Accident Injury Cases on a contingency basis. This means that there are no upfront costs to start the representation of the claim.

Contingency Basis Explained

No Initial Fees: When you decide to work with us, starting your case does not require any upfront payment. We believe that your focus should be on recovery, not on how to afford legal representation.

Payment from Settlement or Judgment: Our fee is contingent upon the successful resolution of your case. We receive a percentage of the settlement or judgment amount. This aligns our interests with yours – we are committed to focusing on your best interests.

Transparent Agreement: Before we begin, we will clearly explain our fee structure and ensure you understand the terms. Transparency is key in our client relationships.