Clinton Pedestrian Accident Lawyers
Passengers in large vehicles, like buses, are protected from the impact of an onrushing car and in other kinds of collisions. Additionally, vehicle passengers are usually somewhat aware of their surroundings, so they can brace for impact in the moments before a crash. Pedestrians have no such protection. Additionally, most pedestrians don’t see speeding cars or other hazards. So, they are completely unprepared for a crash. Therefore, their injuries are usually much more serious.
The dedicated Clinton pedestrian accident lawyers at Fox Farley Willis & Burnette are committed to the legal and financial rights of victims everywhere. Their legal rights include a strong advocate during legal proceedings. These financial rights usually include the right to fair compensation. Victims need this compensation to pay medical bills and other accident-related expenses. Victims deserve this compensation because, quite frankly, money makes it easier for them to move on with their lives. At this point, that’s the best possible outcome.
A few pedestrian accidents occur inside permanent or virtual crosswalks. Regardless of the color of the light, compensation is available in these situations, as follows:
- Green Light: Pedestrians who are in a crosswalk with the light clearly have the right-of-way, even if they didn’t stop and look both ways. According to the negligence per se rule, tortfeasors (negligent drivers) who strike pedestrians in these situations could be liable for damages as a matter of law.
- Yellow Light: Most streets in Clinton have multiple, wide lanes and short red lights. These designs help move vehicle traffic as quickly as possible. These designs also make it almost impossible for anyone with any mobility impairment to safely cross a street before the light changes. Motorists have a legal duty to look out for these people and avoid hitting them if possible.
- Red Light: Frankly, these pedestrians have no legal or other excuse to start across a street on a red light. However, if they are struck, compensation could still be available. Tennessee law requires motorists to drive defensively. And, if victims are no more than 50 percent responsible for a crash, they are entitled to a proportionate share of damages.
Permanent crosswalks are usually at intersections. They might or might not have stop bars and “walk/don’t walk” signs. Virtual crosswalks are usually at non-intersections. Pedestrians press buttons that activate flashing yellow lights which command approaching vehicles to yield the right-of-way.
The vast majority of pedestrian accidents happen outside marked crosswalks. Compensation is available, but these cases are a bit more complex, mostly because of the sudden emergency defense.
Insurance companies usually set up this defense by arguing that the victim ran out into traffic without warning. That assertion is usually not true. However, even if it is true, the insurance company must still establish both elements of the sudden emergency defense. This doctrine excuses negligence if a tortfeasor reasonably reacts to a sudden emergency.
Most people reasonably react to most pedestrian accidents. They pull over, assist victims if possible, and wait for emergency responders. But jaywalking pedestrians are predictable hazards as opposed to sudden emergencies. The duty of care requires drivers to be mindful of jaywalking pedestrians, stalled cars, large potholes, and other such hazards. So, the sudden emergency defense usually doesn’t apply in these cases.
Reach Out to a Savvy Anderson County Lawyer
Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced pedestrian accident lawyer in Clinton, contact Fox Farley Willis & Burnette Attorneys at Law by going online or calling 865-500-HURT. You have a limited amount of time to act.