Who Is at Fault When a Car Hits a Pedestrian in Tennessee?

The driver isn’t automatically at fault just because they hit a pedestrian. And pedestrians don’t always have the right of way.

Tennessee law determines fault based on who violated their legal duties—and both drivers and pedestrians have specific responsibilities under state law.

If you’ve been hit by a car as a pedestrian or if you’re a driver who struck a pedestrian, understanding how Tennessee courts determine fault is critical to your case.

Tennessee’s Comparative Fault System Explained

Tennessee follows modified comparative fault under McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992).

Here’s what that means:

• Both the driver and pedestrian can share responsibility for the accident. Fault isn’t all-or-nothing.
• Your compensation is reduced by your percentage of fault. If you’re found 30% at fault and have $100,000 in damages, you recover $70,000.
• You can only recover if you’re less at fault than the other party. If you’re 50% or more responsible, you recover nothing.

This system means insurance companies will aggressively try to shift fault onto pedestrians to reduce what they pay. Understanding the legal duties of both parties is essential.

What Tennessee Law Requires Drivers to Do

Drivers have specific legal duties to protect pedestrians under Tennessee traffic laws.

Yielding at Crosswalks

Tennessee Code § 55-8-134 establishes when drivers must yield to pedestrians:

At unmarked crosswalks or marked crosswalks without signals, drivers must yield to pedestrians crossing the roadway when the pedestrian is:

• Upon the half of the roadway the vehicle is traveling on, or
• Approaching so closely from the opposite half that they’re in danger

In marked school zones when warning flashers are operating, drivers must stop completely and remain stopped until the pedestrian has fully crossed.

Violating these requirements establishes driver negligence.

General Duty of Reasonable Care

Beyond specific statutes, Tennessee law requires drivers to exercise reasonable care to avoid hitting pedestrians.

As established in Frady v. Smith, 519 S.W.2d 584 (Tenn. 1974), drivers must “keep a reasonably careful lookout for traffic, whether vehicular or pedestrian, commensurate with the dangerous character of the vehicle and the nature of the locality.”

This means drivers must:

• Watch for pedestrians in areas where they’re expected (residential areas, school zones, parking lots)
• Maintain control of their vehicle
• Drive at speeds appropriate for conditions
• Be especially vigilant in areas with known pedestrian traffic

Prohibition Against Passing Stopped Vehicles at Crosswalks

Under Tennessee Code § 55-8-134(d), when a vehicle stops at a crosswalk to permit a pedestrian to cross, drivers approaching from the rear cannot pass the stopped vehicle.

This prevents the deadly scenario where one car stops for a pedestrian, but the car in the adjacent lane speeds past and strikes them.

What Tennessee Law Requires Pedestrians to Do

Pedestrians also have legal duties that, when violated, can establish their fault.

Prohibition Against Darting Into Traffic

Tennessee Code § 55-8-134(b) states: “No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.”

This is Tennessee’s legal standard for what many call “darting out.” If you step into traffic so suddenly that a driver cannot possibly stop, you’ve violated this statute.

Duty to Obey Traffic Signals

Pedestrians must obey traffic control signals. Crossing against a red light or “Don’t Walk” signal violates traffic law and establishes contributory negligence.

Walking Along Roadways

Tennessee Code § 55-8-135 requires pedestrians walking along roadways where there are no sidewalks to walk on the left side of the road facing oncoming traffic.

Walking with your back to traffic can contribute to fault if you’re struck from behind.

How Fault Is Actually Determined in Tennessee

Courts and insurance companies examine multiple factors to determine who caused the accident:

Who Violated a Traffic Statute?

Violation of a specific traffic law creates a presumption of negligence. The party who violated the statute bears the burden of proving their violation didn’t cause the accident.

If a driver hits a pedestrian in a crosswalk, the driver violated § 55-8-134 and is presumed at fault.

If a pedestrian crosses against a signal and is struck, they violated traffic law and share responsibility.

Could the Accident Have Been Avoided?

Tennessee law recognizes that even when one party violates a statute, the other party may still have a duty to avoid the accident if possible.

In Frady v. Smith, the Tennessee Supreme Court held that even when a child ran into the street without looking, whether the driver was negligent depended on whether she maintained a proper lookout and had her vehicle under control.

The court stated: “The slightest slackening of speed of the Smith automobile during the time Jeffrey was running toward and across the driveway would have given Jeffrey time to take the additional step that would take him from danger to a place of safety.”

This principle applies to pedestrian accidents: Even if the pedestrian acted negligently, the driver may still be liable if they could have avoided the accident.

Comparative Evidence

Courts examine all circumstances:

Driver factors:

• Speed at time of impact
• Whether driver was distracted (phone, radio, passengers)
• Visibility conditions
• Driver’s reaction time and stopping distance
• Whether driver was under the influence
• Driver’s familiarity with the area

Pedestrian factors:

• Where the pedestrian was crossing (crosswalk vs. mid-block)
• Whether pedestrian had the right of way
• Pedestrian visibility (clothing color, lighting conditions)
• Whether pedestrian looked before crossing
• Pedestrian’s pace (walking vs. running)

Environmental factors:

• Time of day and lighting
• Weather conditions affecting visibility
• Road design and traffic volume
• Presence of visual obstructions

Police Reports

Officers investigating pedestrian accidents document:

• Physical evidence at the scene
• Statements from all parties
• Witness accounts
• Traffic signal status
• Weather and visibility conditions
• Any traffic law violations

While police reports aren’t automatically admissible as evidence, they heavily influence insurance company fault determinations.

Witness Testimony

Independent witnesses provide critical evidence about what actually happened. Their accounts of:

• Who had the right of way
• How fast the vehicle was traveling
• Whether the pedestrian appeared suddenly
• Driver attentiveness

These accounts often determine fault when physical evidence is limited.

What Documentation Proves Fault

Building a strong case requires specific evidence:

1. Accident scene photos showing:

• Crosswalk markings
• Traffic signals and signs
• Sight lines and obstructions
• Skid marks or debris
• Vehicle damage location
• Point of impact

1. Medical records documenting:

• Injury locations on the pedestrian’s body
• Injury patterns consistent with the impact
• Treatment immediately following the accident

1. Witness statements from people who saw:

• The moments before impact
• Vehicle and pedestrian movements
• Signal status
• Driver behavior

1. Traffic camera footage if available from:

• Intersection cameras
• Business security cameras
• Dashboard cameras
• Nearby residential cameras

1. Accident reconstruction when necessary to establish:

• Vehicle speed at impact
• Stopping distance available to the driver
• Whether the driver had time to react
• Pedestrian movement and timing

You Have One Year to File a Lawsuit

Tennessee Code § 28-3-104 gives you one year from the accident date to file a personal injury lawsuit.

This deadline is absolute. Miss it and you lose your right to compensation—regardless of how strong your case is.

Start the claims process immediately because:

• Evidence disappears quickly
• Witnesses’ memories fade
• Physical conditions at the scene change
• Insurance companies are harder to negotiate with as the deadline approaches

The Higgins Firm Protects Injured Pedestrians

At The Higgins Firm, we represent pedestrians injured in Tennessee traffic accidents.

We know insurance companies will try to blame you—even when the driver clearly caused the accident.

Our team will:

• Conduct thorough accident investigations
• Gather all available evidence supporting your case
• Consult with accident reconstruction experts when necessary
• Challenge unfair fault determinations
• Negotiate aggressively for full compensation
• Take your case to trial if necessary

We work on contingency—you pay nothing unless we win.

If you were hit by a car in Tennessee, contact The Higgins Firm today for a free consultation. Call us now or reach out online. Let us fight to protect your rights and recover the compensation you deserve.