Nashville Pedestrian Accident Lawyer
Only a tiny fraction of the people on Nashville roads are pedestrians. Yet pedestrians make up a significant portion of serious injury victims. Vehicle occupants have multiple safety system layers to protect them during accidents. But pedestrians literally only have the clothes on their backs. As a result, common car crash injuries, like internal bleeding and head injuries, are much worse for pedestrian victims.
The dedicated Nashville pedestrian accident lawyers at Mitch Grissim & Associates protect victims like these. We force negligent drivers to accept responsibility for the accidents they unintentionally cause. If we all accepted responsibility for our mistakes, Tennessee would be an even better place to live.
If the victim was inside a permanent or virtual crosswalk and walking with the light, the pedestrian clearly has the right of way. Therefore, if these victims are injured, it’s easier to prove the driver showed a lack of care.
Some crosswalks have Walk/Don’t Walk alerts and/or countdown timers. The presence or absence of these devices often affects liability if the pedestrian was caught in the crosswalk when the light changed colors. If the pedestrian didn’t know when the light would change, oncoming motorists have a duty to exercise additional caution.
A virtual crosswalk is a temporary crosswalk. Pedestrians push buttons that activate flashing yellow lights which command oncoming drivers to yield. This command isn’t always clear. Furthermore, many motorists mistake virtual crosswalk warning lights for school zone and other warning lights. These facts make virtual crosswalks more dangerous for pedestrians, but they don’t affect the driver’s legal responsibilities.
Most pedestrian accidents happen outside marked crosswalks. Usually, these victims are still entitled to compensation. The claim is simply harder to prove in court.
In the moments before a non-crosswalk pedestrian accident, the motorist is often travelling at or near top speed. Velocity multiplies the force in a collision between two objects. At impact speeds under 20mph, the pedestrian death rate is less than 10 percent. At impact speeds above 50 mph, the pedestrian death rate catapults to over 90 percent.
The duty of reasonable care requires drivers to avoid accidents when possible. They mustn’t hit jaywalking pedestrians if at all possible. If drivers fail to avoid a wreck, they could be liable for economic damages, such as medical bills, as well as noneconomic losses, such as pain and suffering.
Frequently, insurance company lawyers try to use the sudden emergency defense in these situations. This legal loophole excuses negligence if the driver:
- Reasonably reacts to
- A sudden emergency.
Most drivers react reasonably to pedestrian accidents. They pull over and wait for emergency responders.
But a jaywalking pedestrian is not a “sudden emergency” in this context. This category is reserved for things like hood fly-ups and other completely unexpected situations. Drivers should be ready to deal with everyday hazards like stalled cars and jaywalking pedestrians. Since everyday hazards are not sudden emergencies, the defense usually does not apply.
Connect with a Diligent Davidson County Pedestrian Accident Lawyer
Pedestrian accident victims are entitled to significant compensation. For a free consultation with an experienced personal injury attorney in Nashville, contact Mitch Grissim & Associates. Attorneys can connect victims with doctors, even if they have no insurance or money.