Understanding Comparative Negligence in Knoxville Pedestrian Accidents – What You Need to Know if You Were Hit by a Car While Jaywalking

When a person is injured in a serious pedestrian accident in Knoxville, they may wonder what types of remedies they may have under the law, and if there are certain defenses the other party might raise that may limit their recovery. One of the things that many Knoxville pedestrian accident victims may be concerned about after they are injured in a serious pedestrian accident, especially if they were jaywalking or were otherwise walking where they were not permitted, is whether they can still recover any compensation if they themselves may have partly contributed to the accident. Indeed, while Tennessee laws make it clear that drivers must exercise due care to prevent hitting pedestrians on the road, a pedestrian’s own conduct (such as walking against a traffic light) may also have contributed to their injuries. But do Tennessee laws allow a pedestrian who was, for example, jaywalking, to still recover money compensation in court, if the driver who hit them was also at fault? We answer that question here.

Recovering Compensation in a Knoxville Pedestrian Accident Case Involving Jaywalking

The short answer to the question whether a person injured in a serious pedestrian accident can still recover compensation under Tennessee personal injury laws if they were jaywalking is “yes.” The truth is that Tennessee follows what is known as a “modified comparative fault rule,” which means that an injured pedestrian can recover compensation, even if their own actions or omissions contributed to the accident, as long as they were not more than 50% responsible for the accident. Accordingly, typically, if an injured pedestrian were, for example, 45% at fault for their injuries, they could still recover compensation under Tennessee personal injury laws, but their recovery would be reduced by their contribution of fault. However, if a pedestrian accident victim is found to be more than 50% at fault for the accident, they will likely be barred from recovering any compensation in their case. Of course, Tennessee personal injury laws and comparative fault laws are complex and challenging, and, accordingly, it is best to speak with an experienced Knoxville pedestrian accident lawyer about your specific case to learn about your rights and options to compensation and how much you may be entitled to, in your specific case.

Finding a Pedestrian Accident Lawyer in Knoxville

No person should have to go through the challenging and difficult Knoxville personal injury lawsuit process alone. If you were injured in a serious pedestrian accident in Knoxville and you need legal help, contact the experienced Knoxville pedestrian accident lawyers at the law firm Fox Farley Willis & Burnette PLLC. The experienced Knoxville pedestrian accident lawyers at the law firm Fox Farley Willis & Burnette PLLC are here to help victims of serious pedestrian accidents in Knoxville get justice against the negligent drivers that injure them. Do not hesitate to speak to a lawyer about your options today. Contact Fox Farley Willis & Burnette PLLC and chat with a lawyer about your case.