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  • Writer's pictureRobert Schuerger II

How to File a Lawsuit for Pedestrian Accident in TN - Schuerger Shunnarah

Walking around the city shouldn't be something dangerous for its citizens. Sometimes, it's easier for people to just walk to places near their houses or take fresh air. Hence, it's truly unfortunate when they are involved in a pedestrian accident.


Regardless of how careful pedestrians are to avoid accidents, it's impossible to control what drivers do. When these crashes happen, the only thing left to do for the victim is to hire Nashville pedestrian accident attorneys and file a lawsuit against the negligent party for what happened.


This won't erase the serious injuries the victim suffers from or the fact that the accident happened, but it will give the pedestrian injured in the crash enough money to cover their medical bills. This page has all the information they need to file a personal injury claim.


Schuerger Shunnarah Trial Attorneys is available for victims looking forward to filing a pedestrian accident lawsuit. When they contact this law firm, one of its lawyers will schedule a free case review with them to discuss the main details of the case as soon as possible. They're also available to discuss how to file a lawsuit for bicycle accident in TN.


What Does the Tennessee Law Says About Pedestrians?

What Does the Tennessee Law Says About Pedestrians?


The number of pedestrian accidents that happen every year in Tennessee is worrying. Thus, there are several chapters of the Tennessee Code Annotated (TCA) that focus on regulating how drivers should behave around them.


It's essential drivers and pedestrians understand the duties and rights both have to coexist safely on city roads. On the TCA § 55-8-134, for example, it says that other parties must yield to pedestrians in marked crosswalks, alleyways, and driveways.


Regardless of that, pedestrians still need to yield to cars on roadways when they cross outside a marked or unmarked crosswalk, as it says on the TCA § 55-8-135.


The laws focus on making sure pedestrians aren't in the way of vehicles, whether they go through a marked crosswalk or not. Ideally, this should keep pedestrian accidents from happening. The problem comes when people don't follow these regulations.


What Causes Pedestrian Accidents?


Pedestrian accidents share almost all the causes other motor vehicle crashes have. Things such as distracted or drunk driving, speeding, or right-of-way issues are examples of this. However, everything is not always the fault of the driver.


If pedestrians are distracted they could fail to see traffic signals and keep walking when they should have yielded to other drivers. Being impatient, whether the person is walking or driving, could also cause an accident at any moment.


These are a few other things that could cause pedestrian accidents:


  • Speeding

  • Improper turns

  • Failing to yield

  • Unmarked crosswalks

  • Fatigue


How to File a Lawsuit for a Pedestrian Accident in Tennessee


The process of filing a lawsuit is not as difficult as people often think. This, of course, is if pedestrian accident victims hire a proper lawyer for the case. After a crash, the injured parties first need to go to a doctor.


There, the doctor will tell them how severe the situation is and how expensive the treatment may be. Victims should ask the hospital or clinic for their medical records, as they could serve as evidence in a further trial.


Once the victim goes to the doctor, it's time to hire a Tennessee pedestrian accident lawyer. The legal professional they call must focus on this kind of case. The lawyer will most likely schedule a free consultation to discuss the main details of the case and what they should do next.


Pedestrian accident claims require a lot of evidence if the victim wants to win. The personal injury attorney they hire should take time to find enough for the case. After that, they can submit a complaint to the court with information about the case, the damage the victim suffered, and how much compensation they need.


When the court gets the complaint, the process server notifies the defendant they are being sued. They then have to respond to the pedestrian accident claim or make a counterclaim if they deem it necessary.


Both parties will then have to share the information they have about the case evidence and make the depositions they need for it in the discovery phase. They will later have to negotiate and try to get to an agreement to see if they can skip the trial and come up with a settlement themselves.

If the Tennessee pedestrian accident victim and the defendant can't get to a fair deal, the case will go to trial.


What Is the Difference Between a Personal Injury Lawsuit and a Regular One?


Both processes are similar. The main difference between them is the reason for filing them. Regular lawsuits come from damage to property or other civil issues, while personal injury claims happen when a negligent party causes a personal injury to the victim.


How Much Time Do Personal Injury Trials Take?


The truth is that it depends on how complex the case is. Trials can take from three days to a week. However, the whole case including all its phases may take about three to four months (if not more) to get to a final settlement and its execution.


Is Compensation Money Enough for Covering All the Damages Pedestrian Accidents Cause?


Tennessee pedestrian accident lawyers should ask for all the compensation the victim needs to recover from the accident. If they go to trial and win, they will get the money they asked for, so it will be enough. They can also help with how to file a lawsuit for construction accident in TN.


When parties get to a settlement, the victim's lawyer should at least aim to get what the victim needs to cover their medical treatment. However, everything depends on the pedestrian accident case and the strategy the plaintiff has for it.


What to Look for in Tennessee Pedestrian Accident Lawyers

What to Look for in Tennessee Pedestrian Accident Lawyers


Tennessee pedestrian accidents are unfortunate, but if the victim wants to win the case, they need to focus on finding a decent personal injury attorney for the case. The first thing they should consider when doing so is that the lawyer is experienced in pedestrian cases.


Checking the reputation of the law firm and its legal fees would be the next step. However, the most important part of the whole thing is feeling comfortable with the lawyers. If they are experienced, licensed, reputable, and have enough time for the case, the victim should hire them.


Final Thoughts - Hire Nashville Pedestrian Accident Lawyers


Whether they are pedestrian accident cases or a wrongful death lawsuit, any personal injury attorney should be ready to do everything they can to win the trial for their clients. That's what the experts at Schuerger Shunnarah Trial Attorneys do.


This law firm is experienced in pedestrian cases and works with former insurance company employees. They will make the victim feel like they are the most special client of the firm, and the only thing they need to do to hire them is to schedule a free case evaluation today.

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