What Happens if I am Hit by a Car in Tennessee? Memphis Car Accident Attorney Explains your Rights

By Thomas Greer | January 25, 2015

Walking is a healthy, cheap, and environmentally friendly means of transportation. However it can also be dangerous since pedestrians share the road with automobiles. Increasing the risk of being involved in a Tennessee pedestrian collision is walking at sunrise or sunset when the sun is angled in a driver’s eyes, at night when it is dark, during rain or snow, and during high traffic conditions such as rush hour, when school gets out, or after a big event. When pedestrians are hit by a car the injuries can be devastating.

The Centers for Disease Control (“CDC”) has reported that more than 4,000 pedestrians die every year due to car accidents in the United States. In addition, another 69,000 pedestrians are injured. This equates to about one pedestrian injured every eight minutes. Children under the age of five make up about 40% of all pedestrian deaths. Tennessee has been ranked the 12th most dangerous state for pedestrians by Transportation for America (“T4A”). Memphis has been reported as being the 7th most dangerous large metro area for pedestrians in the United States. There were 266 fatalities in the city of Memphis reported between 2000 and 2009 (with 806 fatalities in the state of Tennessee).

Distracted Driving

Pedestrian injuries caused by Tennessee car accidents are usually blamed on distracted driving. Drivers sometimes do not pay attention to the road ahead and sometimes a person will be hit while crossing the street. Drivers need to be aware of pedestrians at all time, not only when entering an intersection. In fact, in 2002 the majority of pedestrian deaths occurred outside of intersections.

During certain times of the day, the danger to pedestrians increases. Between the hours of 4 pm and 8 pm, about 40 percent of pedestrian deaths occur. Once the sun goes down, driver visibility diminishes on the road ahead of them. To ensure that the driver has time to stop if they see a person in their headlights, it is their responsibility to slow down. However, there are some drivers who do not do so. Some of the drivers who do slow down are not always aware enough and do not pay attention to the road in front of them as they should.

Tennessee Law to Protect Pedestrians

Tennessee has a law intended to protect pedestrians from the careless, distracted, and drunk drivers on the road. For instance, drivers are required to do what is reasonably safe under the circumstances when it comes to looking out for people who are walking on or around the roadway.

Under Tennessee Code Section 55-8-134, a driver needs to yield to a pedestrian crossing the street in a crosswalk or in a school zone. The driver must remain stopped until the pedestrian has completely crossed the road. The driver also must do their best to avoid hitting a pedestrian even if they are illegally jaywalking. Further, under Tennessee Code Section 55-8-136, regardless of who has the right of way, a driver always needs to use due care to avoid hitting a person who is crossing the street. Drivers must especially use caution when children are close by (Tennessee Code § 55-8-136(a)).

Unfortunately, despite these laws there are still Tennessee car accidents involving pedestrians. Injuries sustained in these accidents can range from bruising and scraps, to broken bones and spinal injuries, to death.

Here at Bailey and Greer, PLLC our Memphis car accident attorneys understand how to effectively pursue your claims. Our legal team has a proven track record of compassionately representing our clients injured in car accidents which is included in our testimonials page. Please contact us today to receive your free case evaluation by dialing 901-680-9777. Remember, you only have one year from the date of the accident to commence your action to recover compensation.

Posted in Auto Accidents, Library