When you or a loved one has been involved in a pedestrian accident in North Memphis, it can be a traumatic and life-altering experience. The physical, emotional, and financial burdens can seem insurmountable. If you need a North Memphis personal injury lawyer, turn to Gatti, Keltner, Bienvenu & Montesi, PLC, because we understand the complexities of the law and have the resources needed to achieve the best possible outcome for your case.
Understanding Pedestrian Accidents in North Memphis
According to the Tennessee Traffic Fatalities Historical Report, in 2021, there were 1,512 pedestrian-involved crashes in Tennessee. Pedestrian accidents can occur due to a variety of reasons. In many cases, they result from driver negligence, such as speeding, distracted driving, or failing to yield the right of way.
To develop an effective legal strategy, it is crucial to thoroughly understand the factors contributing to pedestrian accidents.
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Common Causes of Pedestrian Accidents
Data from the National Center for Health Statistics estimates 7,904 pedestrians died in traffic or non-traffic incidents in 2020. Several of the most common causes of pedestrian accidents in North Memphis include:
- Distracted Driving: Texting, talking on the phone, adjusting the radio, using GPS devices, or engaging in other activities that take a driver’s attention away from the road can lead to accidents involving pedestrians. Distracted driving is particularly dangerous in areas with high pedestrian traffic, such as school zones, parks, and busy intersections.
- Speeding: Speeding makes it more difficult for drivers to stop or maneuver their vehicles to avoid collisions. In residential areas and school zones, adhering to the speed limit is crucial to ensure the safety of pedestrians.
- Failing to Yield: Drivers who fail to yield the right of way to pedestrians at crosswalks and intersections put lives at risk.
- Drunk Driving: Impaired drivers have reduced reaction times, impaired judgment, and decreased motor skills, which can lead to pedestrian accidents. Drunk driving is illegal and a significant cause of pedestrian accidents, as it compromises a driver’s ability to operate their vehicle safely.
- Poor Visibility: Accidents involving pedestrians can occur due to poor visibility caused by inclement weather, insufficient street lighting, or obstructed views. Drivers must exercise extra caution when driving in conditions that limit visibility and make it harder to see pedestrians.
- Aggressive Driving: Aggressive driving behaviors can cause drivers to lose control of their vehicle or fail to notice pedestrians.
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Know Your Rights as a Pedestrian
As a pedestrian, you have rights that protect you in the event of an accident. Knowing and understanding these rights is important to seek the compensation you deserve.
In North Memphis, pedestrians generally have the right of way at marked crosswalks and intersections with traffic signals. If a driver fails to yield the right of way and causes an accident, they may be liable for your injuries and damages.
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Proving Liability in Pedestrian Accident Cases
To receive compensation for your injuries, you must prove that the driver involved in the accident was negligent and their negligence directly caused your injuries. Our experienced North Memphis pedestrian accident attorneys will gather evidence, such as witness statements, police reports, and surveillance footage, to build a strong case on your behalf.
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Types of Compensation Available
If you have been injured in a pedestrian accident in North Memphis, you may be entitled to various types of compensation to help alleviate the financial burden and emotional distress caused by the incident. Below are some common types of compensation that may be available to you.
This compensation category covers past and future medical bills related to the accident. It includes expenses for emergency room visits, hospitalization, surgeries, physical therapy, medications, medical equipment, and any ongoing or long-term care required due to your injuries. In some cases, it may also cover expenses for psychological counseling if the accident has significantly impacted your mental health.
If you have been unable to work due to your injuries, you may be entitled to compensation for lost income. This includes the wages you have lost while recovering and any lost earning capacity if your injuries have resulted in a long-term or permanent disability that prevents you from returning to your previous job or profession. In addition, you may be compensated for lost benefits, such as health insurance, pension contributions, or other employment-related perks.
Pain and Suffering
This type of compensation is meant to address the physical pain and emotional distress you have experienced due to the accident. It considers the severity of your injuries, the duration of your recovery, and the impact the accident has had on your overall quality of life. While pain and suffering can be difficult to quantify, an experienced attorney can help you determine a fair value for this aspect of your claim.
Loss of Consortium
If the accident has negatively affected your relationship with your spouse or partner, you may be entitled to compensation for loss of consortium. This can include damages for losing companionship, affection, emotional support, or intimate relations with your partner due to your injuries. In some cases, this type of compensation may also extend to the accident’s impact on your relationship with your children or other family members.
Loss of Enjoyment of Life
In addition to pain and suffering, you may also be eligible for compensation for the loss of enjoyment of life. This type of compensation recognizes that the accident and resulting injuries have diminished your ability to participate in and enjoy the activities and hobbies that were once an integral part of your life.
Punitive damages may be awarded when the negligent party’s actions were particularly egregious or reckless. These damages punish the at-fault party and deter others from engaging in similarly dangerous behavior.
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Contact Gatti, Keltner, Bienvenu & Montesi, PLC, for a Pedestrian Accident Attorney in North Memphis
If you or a loved one has been involved in a pedestrian accident, it is essential to consult with an experienced pedestrian accident lawyer in North Memphis from Gatti, Keltner, Bienvenu & Montesi, PLC, who can help you understand your legal rights and options for pursuing compensation. Contact us today.