Memphis Pedestrian Accident Lawyer

Fox, Farley, Willis & Burnette represents people who were hit while walking, crossing, jogging, or waiting at a bus stop, and the families of those who did not survive, across Memphis, Shelby County, and the rest of Tennessee. If you need a Memphis pedestrian accident lawyer, you are likely dealing with injuries that came from a collision where one side was wrapped in steel and the other had nothing.

Pedestrian cases are decided on small facts that vanish fast: where the person was standing when the car appeared, whether the signal had changed, whether a driver was looking at a phone, whether a streetlight was out. Memphis has long stretches of wide, high-speed roadway with few marked crossings, and people walk them anyway because they are walking to work, to a bus, or to a grocery store. When a driver hits someone in those conditions, the insurer’s first move is often to argue the walker should have been somewhere else.

That argument matters more in Tennessee than in many states, because fault is divided by percentage, and a person found half or more responsible recovers nothing. How a pedestrian claim is built from day one largely determines whether that argument succeeds.

Common Ways Pedestrians Get Hit in Memphis

• Crosswalk and Intersection Collisions: Drivers turning left or right through a crossing pedestrian are among the most frequent causes of serious injury. The question is usually who had the signal and whether the driver was watching the crosswalk or the oncoming traffic gap.
• Midblock Crossings on Wide Arterials: Many Memphis corridors run long distances between signals. A pedestrian struck while crossing between intersections is often accused of being at fault, but lighting, speed, and the driver’s lookout still come into play.
• Distracted Drivers: Tennessee’s hands-free law bars drivers from holding a phone, texting, or watching video while driving. Phone records and vehicle data can show whether a driver broke that law at the moment of impact.
• Drunk and Impaired Drivers: A driver at or above 0.08% BAC is over the per se limit. Impairment evidence can also change what a pedestrian can recover, as explained below.
• Hit-and-Run Crashes: When a driver leaves the scene, the claim may run through the injured person’s own uninsured motorist coverage, which makes prompt reporting and policy review essential.
• Parking Lot and Driveway Strikes: Backing vehicles at shopping centers, apartment complexes, and gas stations hit people who never expected traffic. These cases can also involve the property owner’s responsibility for lighting and layout.
• Bus Stop and Rideshare Pickup Injuries: People waiting at the curb are struck by drivers who leave the roadway or pull in carelessly. Commercial drivers and their employers may share responsibility.
• Children and Teen Pedestrians: Young walkers near schools and neighborhoods are held to a different standard than adults, and the filing deadline works differently when the injured person is a minor.

Why Choose Fox, Farley, Willis & Burnette for a Pedestrian Injury Case

Bruce D. Fox, co-founder, has tried more than 125 jury trials in state and federal court. For a pedestrian case, that courtroom record matters because insurers decide how hard to fight by judging whether the other side will really try the case.

The firm’s trial team also includes partners Brad C. Burnette, who holds an AV Preeminent rating from Martindale-Hubbell and serves on the Tennessee Trial Lawyers Association Board of Governors, and John Willis, who sits on the same board and has tried cases from the Tri-Cities to Chattanooga. Two of the firm’s partners spent the early part of their careers defending insurance companies, trucking companies, and businesses, so they know how an adjuster scripts a pedestrian-blame argument because they once helped write them.

The firm has recovered over $100 million for clients, and the firm’s attorneys have more than 170 years of combined experience. Results relevant to crashes like these include $3.4 million for the family of a man killed in a rear-end collision caused by a construction company driver, $1.9 million after a mother was killed and her daughter seriously injured by a driver who failed to yield, and $2.3 million for a motorcyclist who lost his leg when a driver struck him and fled. Past results do not guarantee a similar outcome in any other case.

There is no attorney fee in a personal injury case unless the firm recovers compensation, and every consultation is free. If your injuries make travel hard, the firm can meet you at home or in the hospital. Hablamos español; trial attorney Michael C. Beehan is fluent in Spanish and represents Spanish-speaking clients in their own language.

Fault, Damage Limits, and Insurance in a Tennessee Pedestrian Claim

Tennessee uses modified comparative fault. A pedestrian who is less than 50 percent at fault can recover, with the award reduced by that share. At 50 percent or more, the claim is barred entirely. Tennessee also generally does not make defendants jointly responsible for each other’s share, and fault can be assigned to people who are not even parties to the lawsuit. In practice, a defense lawyer will try to spread blame onto the walker, a second driver, or a property owner, so each percentage point is worth contesting.

Tennessee caps noneconomic damages, meaning pain, suffering, and loss of enjoyment of life, at $750,000 in most cases, or $1 million for defined catastrophic losses. Those losses include spinal cord injury causing paraplegia or quadriplegia, amputation of both hands, both feet, or one of each, severe burns over large portions of the body or face, and the wrongful death of a parent who leaves minor children. Economic damages such as medical bills and lost income are not capped. The cap is applied by the judge after the verdict, and the jury is not told about it. It does not apply where the defendant was intoxicated, intentionally caused the harm, destroyed evidence, or was convicted of a related felony, which is one reason impairment evidence is investigated early.

Insurance is often the practical limit. Tennessee’s minimum liability coverage is $25,000 per person and $50,000 per accident for bodily injury. A pedestrian with serious injuries can exhaust that quickly, which is why underinsured and uninsured motorist coverage on your own policy, and the identity of every other responsible party, can decide whether a fair recovery is possible. Property damage claims, such as a broken phone or damaged bicycle, carry a three-year deadline, separate from the injury claim.

When a death results, the right to sue passes first to the surviving spouse, then to children or next of kin, or to a personal representative. The one-year clock for a wrongful death claim runs from the date of the injury, not the date of death, which surprises families whose loved one lingered in the hospital.

What to Do After Being Hit as a Pedestrian in Memphis

Get medical care first, even if you feel mobile. Adrenaline hides fractures, internal bleeding, and head injuries, and a gap between the crash and your first treatment gives an insurer an argument that something else caused your pain. Tell the treating providers exactly how the collision happened and every area that hurts.

Make sure police respond and a report is written. If you can, or if someone with you can, photograph the vehicle, the license plate, the roadway, the signal, the crosswalk markings, and the lighting, and get names and numbers from witnesses before they leave. Nearby businesses often have cameras that overwrite footage within days, so the time to ask is immediately, not weeks later. Do not give a recorded statement to the driver’s insurer. Adjusters are trained to draw out remarks that sound like admissions, such as “I didn’t see the car coming” or “I was in a hurry.”

Mind the clock. Most Tennessee injury suits must be filed within one year of the injury. That period can extend to two years when criminal charges are brought against the driver, the prosecution begins within that first year, and you sue the person charged. If the at-fault vehicle belonged to a city or other government entity, a separate statute requires suit within 12 months and limits damages to $300,000 per person and $700,000 per occurrence. If the injured person is a child, the limitations period is paused until the child turns 18.

Cases in Shelby County are generally filed in the circuit court, and cases against federal parties or involving out-of-state defendants can end up in the U.S. District Court for the Western District of Tennessee, which sits in Memphis. A lawyer should be involved before you accept any offer, sign a medical release, or talk about fault, because early statements can narrow what is recoverable later.

Questions Memphis Pedestrians Ask About Injury Claims

How long do I have to file a pedestrian accident lawsuit in Tennessee?

Generally one year from the date you were hurt. That can extend to two years if the driver is criminally charged and the prosecution begins within the first year. Claims against governmental entities must be filed within 12 months under a separate statute.

What if I was crossing outside a crosswalk?

You can still have a claim. Crossing outside a marked crossing may be used to assign you a share of fault, but drivers still must keep a proper lookout and control their speed. Because you can recover only if you are under 50 percent responsible, how the fault is allocated is central to the case.

Can I recover anything if I was partly to blame?

Yes, as long as your share is less than 50 percent. Your compensation is reduced by your percentage. At 50 percent or more, Tennessee bars recovery.

What if the driver who hit me had no insurance, or drove off?

Your own uninsured motorist coverage may apply, and in hit-and-run cases the policy often requires prompt notice to police and to your insurer. A review of your own policy early is important.

Who pays my medical bills while the claim is pending?

Your health insurance or any medical payments coverage on an auto policy may cover treatment in the meantime, and providers sometimes agree to wait for a claim outcome. Health insurers often have reimbursement rights from a final recovery, so those liens need to be handled carefully.

Is there a cap on what I can recover?

Economic damages like medical expenses and lost income are not capped. Noneconomic damages are generally limited to $750,000, or $1 million for catastrophic losses as Tennessee defines them. The limits can be lifted if the driver was intoxicated, among other exceptions.

Does it matter that the driver was texting?

It can matter a great deal. Tennessee’s hands-free law prohibits holding a phone, reading or sending text messages, and watching video while driving. Proof of a violation supports a finding of negligence, and phone records need to be preserved early.

My family member died after being struck. Who can bring the case?

The right to sue passes to the surviving spouse, then to children or next of kin, or it may be brought through a personal representative. The one-year deadline runs from the date of the crash, even if death came later.

Will a drunk driver’s criminal case affect my civil claim?

It can. A conviction or pending charges can extend the filing deadline to two years, and evidence from the criminal case, including blood alcohol results, can support your claim. A first-offense DUI carries a possible jail term of 48 hours up to 11 months and 29 days, but criminal penalties do not pay your bills, so the civil case runs on its own track.

Is it worth hiring a lawyer for a pedestrian collision with moderate injuries?

Often yes, because the fault allocation, insurance limits, and medical lien questions are the same whether the injury is severe or moderate. The firm works on contingency, so there is no fee unless compensation is recovered, and the first consultation is free.

Can I sue if I was hit while walking on the job?

You may have both a workers’ compensation claim and a third-party claim against the driver. The firm focuses its workplace injury practice on third-party claims, which can include pain and suffering and the full value of lost earning capacity.

How long will my case take?

It depends on the injuries, how clear the fault evidence is, and whether the insurer will negotiate fairly. Claims usually should not settle until you reach a stable point in treatment, because you cannot reopen a settlement once it is signed.

Serving Pedestrian Injury Clients Across Memphis and Tennessee

Fox, Farley, Willis & Burnette represents injured pedestrians throughout Memphis and Shelby County, from Downtown, Midtown, and Cooper-Young to Orange Mound, Binghampton, and South Memphis. The firm also works with clients in Whitehaven, Frayser, Raleigh, Hickory Hill, and Berclair, and in the eastern parts of the county around Germantown, Collierville, Bartlett, Cordova, and Lakeland.

Beyond Shelby County, the firm handles pedestrian and other serious injury cases for people across Tennessee, including Nashville, Johnson City, and East Tennessee communities in Knox County, Sevier County, Roane County, Anderson County, Blount County, Campbell County, Claiborne County, Morgan County, Jefferson County, and Monroe County. It also serves visitors injured while touring Graceland or spending time in Memphis. If you live elsewhere in the state or out of state, the firm can handle the investigation, insurance negotiations, and filings while keeping you updated, and can meet you at home or in the hospital if your injuries make travel difficult.

Talk to a Memphis Pedestrian Accident Attorney Today

Evidence in a pedestrian crash disappears quickly, and Tennessee’s one-year deadline leaves little room for delay. A Memphis pedestrian accident attorney at Fox, Farley, Willis & Burnette can review what happened, identify every party who may be responsible, and explain how fault and damage limits apply to your situation. The consultation is free, and you owe no attorney fee unless the firm recovers compensation for you. Call today to talk through your case.