Memphis is one of the most popular tourist destinations in the entire South. Visitors come from all over the world to listen to blues on Beale Street and tour Graceland. There are even a variety of walking tours that can take you around the Birthplace of Rock n’ Roll.
Unfortunately, this increase in foot traffic means a higher rate of pedestrian accidents. In fact, Memphis is one of the worst cities for pedestrian crashes. As such, visitors and residents alike are at an increased risk for suffering serious injuries in pedestrian accidents. When this occurs, they need a Memphis pedestrian accident lawyer on their side who understands these accidents fully.
At Rainwater, Holt & Sexton, our personal injury lawyers know firsthand how devastating pedestrian accidents can be. We work closely with accident victims and their medical teams to help them determine the amount of compensation they need to put their lives back together again. We then use this knowledge and our experience litigating injury cases to obtain maximum compensation for our clients.
Drivers must look out for all pedestrians. When they fail to do this, they can cause serious and deadly pedestrian accidents. According to a Dangerous by Design report, Memphis is the 3rd worst city for pedestrian accidents. In the last decade, 350 pedestrian fatalities occurred in the city alone.
In the last several years, pedestrian accidents in the Memphis metropolitan area rose 64 percent, especially in places where people rely on walking and cycling to get around town. Sadly, Memphis’ most vulnerable populations are the most affected by pedestrian accidents. This includes children, the elderly, and low-income residents.
In Memphis, some of the most dangerous streets and intersections for pedestrian accidents include:
Sadly, many of these pedestrian accidents could have been prevented with a little extra care and caution. Drivers using their cellphones or driving impaired have a greater chance of injuring pedestrians on the road.
Many injured pedestrian accident survivors want to know if they have a case. To determine if you have a case, it is important to contact our office and speak with one of our knowledgeable Memphis pedestrian accident attorneys. We can review your accident and your case and review all your legal options with you.
Many pedestrian accident survivors in Memphis want to know if they have a case. To determine if you have a case, come into our office and speak with one of our knowledgeable Memphis pedestrian accident attorneys. We can review your accident and your case and explore all your legal options with you.
You may have a case even if:
When you get into a pedestrian accident, it is important to know that the steps you take immediately after your accident can significantly impact your case. To help your case succeed, take the following steps after your accident:
Even if you believe that you are uninjured, it is important to seek medical attention. This can prevent serious complications from occurring.
The Tennessee Code Annotated outlines the rights of both drivers and pedestrians when sharing the roads. In Memphis, and throughout the state, a pedestrian is defined as anyone walking or in a wheelchair.
All drivers in Tennessee have a responsibility to avoid collisions with pedestrians. Drivers on those roads must always keep their vehicles under control and exercise care to avoid hitting pedestrians. They must yield the right-of-way to any pedestrians in marked crosswalks, as well as those coming from alleys and driveways. They must also stop at any marked crosswalks in school zones when pedestrians are present.
Pedestrians also have rights and responsibilities. Pedestrians have a right to travel on all roads except those with access control, such as freeways and interstates. They have the right-of-way in marked crosswalks. They must exercise caution as well and use sidewalks and crosswalks whenever possible. Pedestrians must yield to all cars when attempting to cross the road outside of a marked crosswalk. To learn more about pedestrian taffic laws, talk to a Memphis pedestrian crash lawyer.
Unfortunately, drivers do not always exercise the care they should when driving through Memphis. As a result, serious and deadly pedestrian accidents occur faster than in other parts of the country. Why do these accidents occur?
The most common causes of pedestrian accidents include:
When pedestrians are hit by motor vehicles, even those traveling at slow speeds, they can suffer life-changing injuries. The human body is not made to withstand the forces of an accident. Pedestrians often face a long, uphill battle after an accident.
At Rainwater, Holt & Sexton, our Memphis attorneys have represented pedestrian accident survivors who suffered serious injuries, including:
In Shelby County, TN 419 pedestrians suffered an injury, and an additional 36 died in accidents in 2018 alone. This makes Memphis one of the most dangerous cities in America for pedestrian accidents, and it is only getting worse. Since 2012, pedestrian fatalities in Memphis have increased by 223 percent. While state numbers have also climbed, Memphis and Shelby County have outpaced every other Tennessee county.
Some of the most serious pedestrian accidents in Memphis occur in lower-income communities, particularly in North and South Memphis. Many also occur in bar-heavy neighborhoods, such as the Cooper-Young neighborhood, Overton Square, the Popular corridor, and even in East Memphis. If you were injured in a pedestrian wreck in Memphis, contact Rainwater, Holt & Sexton.
While many drivers believe that the pedestrian is responsible for not getting hit. This is not always accurate. While pedestrians share some of the liability, drivers must do whatever they can to avoid hitting pedestrians on the road.
Many factors affect who is at fault in a pedestrian accident. If the pedestrian violated any of the state laws at the time of the accident, they might share the blame for the crash.
Of course, the insurance company will want to pin all the blame on the pedestrian to reduce their liability. For this reason, it is important to have an experienced pedestrian accident attorney in Memphis on your side.
In some situations, both the driver and the pedestrian share liability. Perhaps the driver was speeding at the time of the accident and the pedestrian was crossing the street outside of a crosswalk. In this scenario, both parties contributed to the accident. When this occurs, Tennessee uses the principle of comparative negligence. This means that the victim’s damages are reduced by their degree of fault.
For example, in the above example, if the pedestrian is found to be 20 percent at fault for the crash, and they received an award of $1 million for their injuries, the award would be reduced by 20 percent. As such, they would only collect $800,000.
If the pedestrian is found to be 50 percent or more at fault for the accident, they cannot recover any compensation from the driver.
With the help of a Memphis lawyer, injured pedestrian accident victims can seek to recover compensation for a variety of damages. These include:
As you can see, a lot is at stake after a pedestrian accident. Insurance companies will quickly try to reduce their liabilities. They may claim that you caused the crash or that your injuries are not severe. They may try to get you to admit blame. They may even offer you a lowball settlement that they know is less than you need – and deserve.
An experienced pedestrian accident attorney can push back against aggressive insurers in Memphis. They can negotiate your accident and determine who is responsible for your accident and injuries. Once they establish liability, an attorney will be there every step of the way to ensure that you have the protection you need while you focus on your recovery.
We have over 35 attorneys ready to assist you through this difficult time. Our lawyers have won pedestrian accident cases and we can put this experience to work for you. After your pedestrian accident, you deserve to have a winning team on your side.
Our personal injury lawyers are here to help you no matter where you suffer an injury.
Fill out a free contact request form, which only takes a minute, or dial (501) 868-2500 and tell us your story. We offer FREE consultations in person or over the phone to assist you better. You have nothing to lose! Call a Memphis pedestrian accident lawyer today!
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