Crosswalks and sidewalks are supposed to be a safe place for pedestrians to use. However, across Tennessee, there are accidents that take place in these locations every single day. It is often the fault of a driver who was acting carelessly or with reckless intent. Sadly, these accidents happen more often than many people realize.
Pedestrian accidents in Chattanooga typically occur when someone driving a car is not watching out for people that may be trying to cross the street in front of them. Even when a person uses extreme caution while walking on a street with large amounts of traffic, a collision or crash with a car is still possible. If you or a loved one sustained a serious injury or died after being involved in this type of collision, it is recommended that you talk to a pedestrian accident attorney at The Higgins Firm right away. Our pedestrian accident lawyers in Chattanooga, Tennessee will answer any questions and help you get fairly compensated for what you have been through.What Legal Action Can Pedestrians Take in These Types of Cases?
The person with the injury or a family member of a person who died as a result of this collision, may be able to get compensation from the party that caused the collision. You may be able to recover damages for expenses such as:
- Hospital and treatment costs
- Lost income
- Funeral costs
- Pain and Suffering
Also, when the person who sustained an injury was a spouse, you might be compensated for any financial and other losses their injury may have caused you.Proving Negligence
Before you can recover compensation for your losses, you, or your Chattanooga pedestrian accident lawyer will need to prove negligence. To do so, the following will need to be demonstrated:
- The driver of the car (or at fault party) owed the pedestrian a duty of care
- The driver (or at fault party) failed to adhere to that duty of care (breach)
- The pedestrian was injured or died because of the breach in the duty of care
- Had the duty not been breached, the pedestrian would not have been injured
- The losses suffered by the pedestrian were a direct result of the breach
When the aforementioned can be demonstrated, compensation will almost certainly be available through negotiations and a settlement. In the event of a settlement not being reached, your Chattanooga pedestrian accident lawyer from The Higgins Firm will be ready to take your case to court.What Should I Expect Following This Type of Incident?
Usually after this kind of collision or incident, the driver's insurance providers will try to find out what exactly occurred from the people involved in the accident as well as anyone who might have witnessed the collision. Photos as well as documents from law enforcement are collected to help determine the seriousness of the injury of any pedestrians related to the incident. Once all the details have been collected, insurance providers will usually try to reach a settlement with pedestrians that were hurt during the incident, so that they do not have to pay more money later on. The insurance provider’s goal is to make a settlement offer that is low so that their company does not have spend as much. The pedestrian with the injury may not be aware of the seriousness of the injury until after they seek medical treatment. If a pedestrian decides to take an insurance settlement without knowing how injured they may be, they might not be compensated enough for their injuries and expenses. This is why it is recommended to know all your options before taking any settlement that may be offered.How Can a Lawyer Help With my Claim?
When you or a family member has sustained an injury as a result of a careless driver, it is advised that you consult a knowledgeable and caring Chattanooga Injury lawyer with the Higgins Firm. The insurance agent may have already tried to reach a settlement or the injuries you suffered may be severe and hospital and treatment expenses may be adding up and you may not know what to do but our legal team answers all of your questions. We understand that this is confusing for you and we will make sure you are fairly compensated for any injury that has been caused to you, so that you have less to worry about and can now focus on getting your life back.
Contact us online or call us at 800.705.2121 to set up a FREE consultation to get your questions answered.