Pedestrian Injuries

Car Accident Attorney Guiding Maryville Area Residents

Nobody is more vulnerable on the street than a pedestrian. In 2015, 1,429 pedestrians were involved in traffic accidents in Tennessee. Pedestrians may suffer catastrophic injuries or even death if they are run down by a car or another vehicle. If you suffered injuries as a pedestrian, you may be able to sue the driver of the car that hit you for damages with the assistance of car accident attorney Mark Hartsoe. At the Hartsoe Law Firm, Maryville pedestrian injury lawyer Mark C. Hartsoe can vigorously pursue the compensation that you need to move forward with your recovery.

Pursuing Compensation for a Pedestrian Injury

In Tennessee, pedestrians have the right of way at intersections and driveways, but they are supposed to obey traffic signals and use sidewalks when possible. Under Tennessee Code section 55-8-134, a driver is supposed to yield the right of way by stopping or slowing if a pedestrian is crossing a road within a crosswalk when the pedestrian is so close that they could be endangered or is on the side of the road where the vehicle is traveling. Pedestrians have a duty to yield the right of way if they are crossing the road at somewhere other than a crosswalk. Pedestrians are also supposed to use reasonable care to protect themselves by looking out for cars and other vehicles.

As a pedestrian who is injured, you usually will need to establish the driver's negligence to recover damages. This means that you will need to show by a preponderance of the evidence that the driver owed you a duty of care (to drive safely), breached that duty (by acting carelessly), and caused your injuries and damages (medical expenses, lost income, pain and suffering, lost enjoyment of life, and so on). Generally, duty and damages are easy to establish in a pedestrian accident case. However, breach of duty may be more challenging.

A driver is likely to be found to have breached a duty if you were hurt in a crosswalk when the driver failed to yield the right of way, as required by law. Liability becomes more confusing if you crossed in a place where there was no crosswalk. In such instances, it may be especially beneficial to have an experienced attorney on your side who can show that the driver breached their duty to use reasonable care in some other way, such as by talking on the phone or driving while fatigued.

Tennessee follows the rule of modified comparative negligence. This means that a defendant may argue that a pedestrian was partly at fault for the accident. In such cases, the jury will determine the total damages and assign percentages of responsibility to all of the parties who were partially or fully at fault. The plaintiff's recovery will be reduced by their percentage of fault as long as it is below 50%.

After an accident, you may receive a call from the insurer for the at-fault driver. Although that person might seem friendly, in most cases, they are trying to obtain an admission of fault to use against you to either limit or prevent your recovery. It is important to consult your own attorney at Hartsoe Law Firm before speaking to a driver's insurer.

Contact a Pedestrian Injury Lawyer in Maryville

Motor vehicle collision lawyer Mark C. Hartsoe is ready to fight for compensation on your behalf if you were struck by a car or another vehicle. Call the Hartsoe Law Firm at 865-804-1011 or use our online form to schedule a free consultation with a Maryville pedestrian injury attorney. We represent injured people throughout East Tennessee, including in Knox, Blount, Monroe, Loudon, Jefferson, Grainger, Cocke, Campbell, Hamblen, Greene, Anderson, Cumberland, and Fentress Counties.

Client Reviews
Mark: We would like to thank you for all the hard work you put in winning our medical malpractice lawsuit. The money we were awarded will certainly change our lives. The fact that you never treated us like clients but instead like friends meant so much to us. Again from our hearts we say thank you. Client
The Peroulas family and I deeply appreciate your help and expertise. Although I am certain that it would have been most enjoyable to work with you on the trial, my clients are happy with what they and I believe to be a very favorable settlement, thanks in large part to your guidance. James S. Tipton, Jr.
We appreciate the great job that you did on our case. You watched out for our interest even before you took our case. Mark Hartsoe did a wonderful job. He showed great expertise as he went up against a multi-national corporation with multiple lawyers. He had a thorough understanding of the many details and events that occurred. We were especially impressed with his skill during mediation. Mark’s PowerPoint presentation was excellent, overwhelming the opposition. It was refreshing to work with someone who does what he says he will and truly had our best interest in mind. Thank you for everything. Dennis and Julie Greene
Just a short note to let you know we appreciate all of your hard work! Rhonda and Mike Cherrin
We would very much appreciate it if you would be so kind as to e-mail to our office the Powerpoint presentation that you made at the commencement of the mediation. Our General Manger was very impressed and would like to show it to the CEO and may in turn show it to other corporate personnel as an example of what can happen to the same or similar case when placed in the hands of an excellent lawyer such as Mark Hartsoe. William T. Wray