Pedestrian hit by car: 5 Steps to Protect Your Rights
Understanding Your Rights After Being Struck by a Vehicle
If you’ve been a pedestrian hit by car, it is important to act promptly to protect your health and legal rights. The moments after a crash are confusing and painful, but the steps you take are critical.
Critical First Steps:
- Call 911 for police and medical assistance.
- Seek medical attention, even if you feel fine. Adrenaline can mask serious injuries.
- Document everything with photos of the scene, vehicles, and your injuries.
- Collect information from the driver and any witnesses.
- Do not admit fault or apologize.
- Contact a Tennessee personal injury lawyer to protect your right to fair compensation.
Being struck by a vehicle is a terrifying, life-altering event. The statistics are sobering: thousands of pedestrians are killed in traffic accidents across the U.S. each year. (see NHTSA 2022 Traffic Safety Facts: Pedestrians). In Tennessee, these accidents are alarmingly frequent, especially in urban areas like Nashville, Franklin, and Murfreesboro. A large proportion of fatal crashes involve alcohol, and many occur at night.
You are not alone, and you have rights.
This guide explains what to do after a pedestrian accident in Tennessee, from the immediate steps at the scene to dealing with insurance companies and understanding your legal options. At Bill Easterly & Associates, we have spent decades helping Tennesseans recover from serious accidents. We understand the physical, emotional, and financial toll these crashes take. Our goal is to help you pursue fair compensation for your injuries while you focus on healing.
We offer free consultations and handle these cases on a contingency fee basis, so you are not responsible for attorney fees unless we recover compensation for you. You do not have to figure this out on your own.
Immediate Steps to Take After Being Hit by a Car
The moments after being a pedestrian hit by car are chaotic. While you’re likely in shock, the actions you take can significantly impact your health and your ability to recover compensation. Focus on these essential steps to protect yourself.
Call 911 Without Delay
Your first call should be to 911. Police are needed to create an official accident report, which is a cornerstone of any insurance claim or legal case. Paramedics can assess your condition at the scene, as the adrenaline from the crash can easily mask serious injuries.
Prioritize Your Safety
If you are able, move out of the roadway to a sidewalk or other safe location to avoid further danger. However, if you are badly hurt or moving causes severe pain, stay put. Wait for paramedics to arrive and move you safely.
Seek Immediate Medical Attention
Even if you feel you only have minor scrapes and bruises, get a full medical evaluation. Many serious conditions, like concussions or internal bleeding, don’t show immediate symptoms. Seeking prompt medical care accomplishes two things: it ensures hidden injuries are treated early, and it creates a medical record that directly links your injuries to the accident. This is crucial evidence that makes it harder for insurance companies to argue your injuries were caused by something other than the accident.
Do Not Admit Fault
In the aftermath of an accident, avoid saying “I’m sorry” or making any statements that could be interpreted as admitting fault. Insurance companies are trained to use such statements against you to deny or reduce your claim. Stick to the facts when speaking with police and the other driver.
Gather Driver and Witness Information
If possible, collect the driver’s name, contact information, driver’s license number, license plate number, and insurance details. Also, ask any witnesses for their names and phone numbers. Independent witness testimony is powerful evidence because it comes from a neutral third party.
Take Photos and Videos
Use your smartphone to document everything. Take photos and videos of the accident scene from multiple angles, the vehicle that hit you, any skid marks, traffic signals, road conditions, and your visible injuries. This visual evidence is difficult for insurance companies to dispute.
Critical Information to Collect at the Scene
- Driver’s Name and Contact Info
- Driver’s License and Plate Number
- Insurance Company and Policy Number
- Witness Names and Phone Numbers
- Police Officer’s Name and Badge Number
- Photos of the Scene, Vehicle, and Injuries
Navigating the Aftermath: Police, Insurance, and Medical Care
After the initial shock, you’ll face the challenge of dealing with police, insurance companies, and medical providers. Understanding this process is key to protecting your rights after being a pedestrian hit by car.
The Police Report
The police report is one of the most important documents in your case, containing details about the scene, witness statements, and the officer’s initial assessment. Review it as soon as possible and request corrections if you find any errors. An inaccurate report can harm your claim.
Dealing with Insurance Adjusters
Soon after the accident, an insurance adjuster will likely contact you. Remember: the adjuster works for the insurance company, not for you. Their role is to protect the company’s interests, which can include limiting what is paid on claims. They are trained to gather information that minimizes their company’s payout.
One of their primary tactics is to request a recorded statement. It is wise to speak with an attorney before agreeing to provide any recorded statement. Even innocent remarks can be taken out of context and used to undermine your claim. Adjusters may also offer a quick, lowball settlement before the full extent of your injuries is known. Accepting it can prevent you from seeking further compensation later, even if you ultimately need surgery or long-term care.
Who Pays Medical Bills After a Car Crash in Tennessee?
This is a common source of confusion. The at-fault driver’s liability insurance is responsible for your medical bills, but that payment comes later as part of a settlement or verdict. In the meantime, your treatment is typically covered by:
- Your own health insurance.
- Medical Payments (MedPay) coverage on your auto policy, if you have it. MedPay covers accident-related medical expenses regardless of who was at fault and can be a crucial bridge while your claim is pending.
Hospital Liens After an Accident
Medical providers may place a lien on your future settlement. This is a legal claim that ensures they are paid for your treatment from the compensation you receive. While this allows you to get care without paying upfront, these liens must be managed carefully. An experienced attorney can often negotiate to reduce the lien amount, ensuring more of the settlement money stays in your pocket.
Understanding Your Legal Rights and the Driver’s Liability in Tennessee
When you’ve been a pedestrian hit by car, understanding Tennessee law is essential to protecting your right to compensation. The legal landscape can be complex, but knowing how fault is determined is critical for your recovery.
Driver’s Duty of Care and Pedestrian Responsibilities
Tennessee law requires drivers to operate their vehicles safely and exercise due care to avoid hitting pedestrians. This is especially true in busy areas like Nashville, Franklin, and Murfreesboro. While pedestrians are also expected to follow traffic rules, a driver’s negligence is often the primary cause of an accident. Even if you were not in a designated crosswalk, the driver may still be held liable if their carelessness caused your injuries.
Common Causes of Pedestrian Accidents
Most pedestrian accidents are caused by driver negligence. Key factors include:
- Distracted Driving: Texting or using a phone while driving.
- Impaired Driving: Alcohol is a factor in nearly half of all fatal pedestrian accidents.
- Speeding and Failure to Yield: Disregarding traffic laws at crosswalks and intersections.
- Poor Visibility: Three-quarters of pedestrian fatalities occur at night.
Tennessee’s Modified Comparative Fault Law
Tennessee follows a “modified comparative fault” rule. This means you can still recover damages even if you were partially at fault, but your compensation will be reduced by your percentage of blame. For example, if you are found 20% at fault, your $100,000 award would be reduced to $80,000. However, there’s a critical cutoff: if you are found 50% or more at fault, you cannot recover any damages. This “49% rule” is why insurance companies work so hard to shift blame onto the victim.
Tennessee’s Statute of Limitations: A Strict Deadline
In Tennessee, you have just one year from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you may lose your right to seek compensation, even if the driver was clearly at fault. This is why it is crucial to contact an attorney as soon as possible.
Determining Fault in a Pedestrian Accident
Fault is not always clear-cut. While drivers must yield to pedestrians in crosswalks, a common myth is that a jaywalking pedestrian is always at fault. This is not true. Drivers have a duty to remain aware and avoid collisions whenever possible. An investigation will examine all factors, including driver speed, distraction, and impairment, to determine who was negligent.
What Compensation Can You Recover After a Pedestrian Hit by Car Accident?
If you were injured as a pedestrian hit by car, you may be able to seek compensation for your losses.Tennessee law allows injured people to seek compensation for both the financial and non-financial impact of an accident. This compensation is known as damages.
Economic Damages
Economic damages cover your tangible, out-of-pocket financial losses. These are documented with bills, receipts, and pay stubs and include:
- Medical Bills: All costs from the ambulance ride and ER visit to surgery, physical therapy, and future medical care.
- Lost Wages: Income you’ve missed while unable to work.
- Loss of Earning Capacity: Compensation if your injuries prevent you from returning to your previous job or limit your ability to earn a living in the future.
Non-Economic Damages
Non-economic damages compensate you for the intangible, human cost of the accident. These losses don’t have a fixed price tag but are just as real:
- Pain and Suffering: For the physical pain and discomfort caused by your injuries.
- Emotional Distress: For the psychological impact, such as anxiety, depression, or PTSD.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies and activities you once loved.
Catastrophic Injuries and Wrongful Death
Pedestrians are vulnerable and can suffer devastating harm. Catastrophic Injuries like spinal cord damage, amputations, or a Traumatic Brain Injury Nashville can require lifelong medical care and support. These cases demand a comprehensive calculation of future needs.
Tragically, some accidents are fatal. In these cases, the victim’s family may file a Wrongful Death Claim Tennessee to recover compensation for funeral expenses, lost financial support, and the loss of their loved one’s companionship.
What If the Driver Was Uninsured?
If the at-fault driver has no insurance or not enough to cover your damages, your own uninsured/underinsured motorist (UM/UIM) coverage can be a lifeline. This part of your auto insurance policy can compensate you for your losses, stepping in when the responsible driver can’t pay.
Frequently Asked Questions About Pedestrian Accidents
After being in a pedestrian hit by car accident, you’re bound to have questions. Here are answers to some of the most common concerns we hear from victims in Tennessee.
What if I was partially at fault for being hit by a car in Tennessee?
Even if you were partially at fault-for example, by crossing outside a crosswalk-you may still be able to recover compensation. Tennessee’s modified comparative fault rule allows you to collect damages as long as you are found to be less than 50% responsible for the accident. Your recovery will be reduced by your percentage of fault. Insurance companies often try to inflate a victim’s fault to avoid paying, so have an attorney who can fight to ensure blame is assigned fairly.
How long do I have to file a personal injury claim in Tennessee?
You have a very strict deadline: one year from the date of the accident. This is known as the statute of limitations. If you do not file a lawsuit within this one-year window, you may lose your right to seek compensation, regardless of the severity of your injuries. It is critical to act quickly and consult with a lawyer well before the deadline approaches.
Do I really need a lawyer after a pedestrian accident?
While you are not legally required to hire a lawyer, it is highly recommended. Insurance companies have teams of professionals dedicated to paying out as little as possible. They know the law and use tactics to devalue your claim. An experienced personal injury attorney levels the playing field. We handle the complex legal process, gather evidence, negotiate with insurers, and fight for the full value of your damages. This allows you to focus on your recovery. At Bill Easterly & Associates, we offer free consultations and work on a no-upfront-fee basis, so there is no financial risk to getting the help you need.
A Nashville Attorney Can Help You Reclaim Your Life
Being a pedestrian hit by car is a traumatic event that can turn your life upside down. While you’re dealing with physical pain, you’re also facing mounting medical bills and uncertainty about your future. You should not have to steer this difficult time alone.
At Bill Easterly & Associates, we have spent decades helping Tennessee families recover after serious accidents. We are your neighbors in Nashville, Franklin, and Murfreesboro, and we provide the personal attention and compassionate guidance that large, impersonal firms often lack. Our reputation is built on trust, honesty, and a genuine commitment to our clients.
When you work with us, your recovery is our priority. While you focus on healing, we will:
- Thoroughly investigate your accident
- Gather the evidence needed to build a strong case
- Handle all communications with insurance companies
- Fight for compensation that fairly reflects the impact of your injuries
We are prepared to take your case to court if a fair settlement cannot be reached through negotiation. You deserve the opportunity to seek accountability and the resources needed to rebuild your life.
We offer free consultations to help you understand your rights and work on a contingency fee basis, which means you are not responsible for attorney fees unless we obtain compensation for you. Don’t let an insurance company decide your future.
Contact a trusted Nashville pedestrian accident lawyer today for a free consultation with Bill Easterly & Associates. Let us protect your rights while you focus on your recovery.