Franklin Pedestrian Accident Lawyer
No one can ever imagine the trauma of being struck by a car or truck. However, as more people are opting to walk instead of driving to areas that are close to home and work, pedestrian accidents are becoming more common.
If you are injured due to the negligence of a motorist, first seek medical attention, then contact a Franklin pedestrian accident lawyer for a consultation. A dedicated personal injury attorney will have the experience and knowledge to guide you through filing a claim to be compensated for your injuries.Rights and Responsibilities of Pedestrians
Tennessee Code Ann. Title 55 Chapter 8 frames the rights and responsibilities of pedestrians while in intersections, crosswalks, and roadways. Some of the laws include:
- Pedestrians have right of way in crosswalks while abiding by the pedestrian control signals
- Motorists must yield to pedestrians when they are closely approaching the crosswalk or within the crosswalks
- Pedestrians must adhere to the same traffic regulations and laws as motorists
- No walking on the roadway when a sidewalk is accessible
- Use care before crossing the crosswalk by looking both ways
A Franklin pedestrian accident lawyer can explain how Tennessee pedestrian law may support a negligence claim.Filing a Claim in Franklin
Tennessee law requires that the injured party prove that the person who caused the harm is negligent. To prove harm, the plaintiff generally must show that the driver owed them a duty of care. Proving negligence in a pedestrian accident is similar to proving negligence for any other personal injury accident. The following elements must be met:
- The defendant owes the plaintiff a duty of care
- The defendant breached that duty
- The defendant’s negligence was the cause of the harm
- The plaintiff suffered injuries because of the defendant’s negligence
When children are involved, there is an even higher duty of care owed. This is because children are smaller and their behavior is much more unpredictable. Drivers should be on higher alert when in the proximity of school zones, playgrounds, and other areas where there may be children.
Tennessee subscribes to modified comparative negligence laws. Therefore, if the court finds that someone contributed to their injuries by not observing pedestrian laws, their settlement can be decreased by their percentage of fault. If a person dies as a result of the accident, their family may be able to file a claim. Speaking to a Franklin pedestrian accident lawyer can help individuals understand their rights concerning this area of the law.Damages in a Pedestrian Accident Case
Proving damages may include gathering police reports, witness statements, medical records, and expert testimony that may impact a settlement. A Franklin pedestrian accident lawyer can help claimants understand how each of the following categories is valued and apply to their cases:
- Medical expenses
- Lost wages (past and future)
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
Many people believe they can handle the negotiations of settling their case. However, a Franklin pedestrian accident lawyer who has the experience of negotiating with the insurance companies, preparing communications for the defendant’s counsel, and ensuring that your medical bills are paid, can make your life easier. Do not delay, call today.