If you have been hurt in a pedestrian accident, or if you have a loved one who was permanently disabled or killed from being struck by a car, please call A dedicated Memphis pedestrian accident lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC. We are highly experienced personal injury trial lawyers with more than 150 years of combined legal experience.
We can help you. You do not have to wait until there is a conflict with an insurance company to talk with a pedestrian accident attorney in Memphis if your family is dealing with the aftermath of a serious injury or a wrongful death. Our pedestrian accident attorneys in Memphis can work proactively to pursue the maximum compensation you deserve. Contact our office for a free consultation today to find out how much your case could be worth.
We Serve the Tri-State Area
Our attorneys have represented clients in Tennessee, Arkansas, and Mississippi for decades. We are proud to have established a proven record of success recovering significant verdicts and settlements for clients in a diverse range of personal injury and car accident cases.
We take on pedestrian accident cases involving:
- Drunk drivers
- Hit-and-run accidents
- Speeding or reckless driving
- Crosswalk accidents
If you or a loved one has been struck by a motor vehicle, your first priority should be getting the medical attention you need, not only to treat injuries but to make sure the results of the accident are documented.
After that, you need to seriously consider how our attorneys can help you maximize the financial recovery you are owed by those responsible for your accident, their insurance, and even your own insurance company.
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Liability for Pedestrian Accidents in Memphis
Drivers have a duty to watch out for and not endanger the safety of pedestrians. Even at extremely low speeds, the potential damage of a car accident or collision involving someone walking in a crosswalk or a neighborhood can be devastating.
However, far too many drivers engage in negligent driving practices that can cause devastating and life-threatening injuries. Some examples of negligent driving that have been seen most often in Memphis pedestrian accidents include:
- Distracted driving
- Failure to stop at a stop light or sign
- Drunk driving
- Drugged driving
- Following too closely
- Failure to yield
- Drowsy driving
- Failure to use a turn signal
It should also be noted that drivers are not the only party responsible for causing pedestrian accidents. There are countless other parties who could be at fault for your injuries, depending on the circumstances of your case. Some of these parties include:
- Dram shops – Establishments that serve or sell all alcohol are referred to as dram shops. They can be found liable when they over-serve or sell alcohol to someone who is already under the influence, and that party causes a collision.
- Vehicle parts manufacturers – When auto parts are defective or malfunctioning, a driver may not be able to avoid striking a pedestrian. Not only could vehicle parts manufacturers be held accountable, but auto parts distributors, suppliers, and vehicle dealerships could also share liability.
- Government agencies – If the road conditions prevented the driver from avoiding a crash, government agencies, municipalities, contractors and subcontractors, and other third parties could all be partially at fault for pedestrian accidents caused by dangerous roads.
Your attorney will need to thoroughly investigate the cause of your Memphis pedestrian accident to uncover who is responsible for causing your injuries and compensating you for your damages.
How Shared Fault Works in Tennessee
It is increasingly common for pedestrians to be accused of sharing fault for their injuries when struck by a vehicle. In fact, sharing fault for your injuries is far more common than you might think. Perhaps you failed to use a crosswalk, were distracted by your cell phone while crossing the road or did not adhere to traffic signals.
No matter what the reasoning, liability does not prevent you from recovering economic and non-economic damages unless your portion of liability exceeds 50%. Under Tennessee law, this is known as modified comparative negligence. While you can still recover compensation for your damages despite sharing fault, you should also expect your injury settlement to be reduced to account for your portion of the liability.
For example, if you were not following traffic signals and crossed the street when a don’t walk sign was flashing, the judge could assign 40% of the liability for causing your injuries when you were struck by a distracted driver. If the jury awarded you $500,000 for your damages, your compensation would be reduced by 40%. This would leave you with a final injury settlement of $300,000.
Sharing faults can have a significant impact on the amount of compensation you are awarded. For this reason, make sure you have a dedicated pedestrian accident attorney on your side who will ensure liability is assessed accurately in your insurance and civil claims.
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How Pedestrian Accident Damages Are Paid Out
There are multiple ways in which pedestrian accident damages are paid out. First, if you are filing a claim with the insurance company, your insurance settlement will cover certain types and amounts of damages. The exact types and amounts of losses will vary depending on the amount of coverage purchased by the policyholder.
If the driver who hit you only carries the minimum amount of bodily injury liability coverage under Tennessee law, $50,000 per accident, and your medical expenses exceed $50,000, the insurance company will only take you up to $50,000. Any remaining damages can be recovered through your civil claim.
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Recoverable Damages in Memphis Pedestrian Accident Claims
When filing a pedestrian accident claim, it is important to go over every loss you suffered as a result of your injuries and the accident itself. You have the right to be made hall when someone else is responsible for causing your injuries.
However, your attorney will need to closely evaluate your damages to quantify your non-economic damages accordingly. Since non-economic damages do not have a fixed monetary value the way economic damages do, you can expect your Memphis pedestrian accident lawyer to analyze your losses accordingly.
With that being said, there are some types of pedestrian accident damages awarded more frequently than others. These include:
- Emotional distress
- Lost income
- Diminished earning capacity
- Loss of enjoyment of life
- Physical pain and suffering
- Property damages
- Dismemberment, disfigurement, and skin scarring
- Reputational damages
- Costs of increased insurance premiums
- Unexpected household expenses
- Unexpected childcare fees
- Medical equipment and expenses both now and in the future
It is also possible you could be awarded punitive damages depending on the details of your case. Punitive damages are not awarded frequently. They are awarded in the rare case that the Memphis civil courts find the defendant’s actions abhorrent, reprehensible, or grossly negligent.
By awarding a pedestrian accident victim punitive damages, the courts are sending a message to the public that the defendant needs to be punished and that similar actions will not be tolerated in the future.
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Time Limits for TN Pedestrian Accident Claims
Are you ready to move forward with your Memphis pedestrian accident claim? It is important to explore your legal options for financial recovery quickly.
This is because the statute of limitations for pedestrian accidents and personal injury claims in Tennessee is only one year. The sooner your attorney can start working on your case, the more likely it is we can recover the evidence needed to establish fault.
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Get Help from a Pedestrian Accident Lawyer in Memphis Today
When you have suffered critical or debilitating injuries in a pedestrian accident, and you do not know where to turn for help, reach out to our Memphis pedestrian accident attorneys at Gatti, Keltner, Bienvenu & Montesi PLC for help. We do not charge legal fees unless we obtain a settlement or verdict on your behalf.
Schedule your no-cost, risk-free consultation as soon as today when you call our office or submit our quick contact formUnfortunately, a fatal accident happens on the most ordinary days to the most careful people. The last thing you imagine when your loved one leaves the house in the morning is that you will never see them again. They are not doing anything out of the ordinary, so why would anything be different.
Typically, another party acts in a negligent manner which causes an accident resulting in your family member’s death. You must move quickly to start a claim with an Olive Branch fatal accident lawyer from Gatti, Keltner, Bienvenu & Montesi PLC.
The Causes of Fatal Accidents
Many individuals assume that for a fatality to happen, the accident must be abnormal. The truth is that a fatal accident can occur from any negligent action by another party. Some of the most common deadly accidents in Olive Branch are:
- Workplace accidents
- Motor vehicle collisions
- Product malfunction
- Medical malpractice
- Slip and fall
There are many other ways a person can sustain a fatal injury, including criminal acts of violence.
Parties Who Can Be Held Liable for Fatal Accidents
Depending on how the accident occurs, several parties will act negligently and must be held liable. These parties include:
Motor Vehicle Drivers
When a negligent driver causes an accident, they must be held liable for their negligence. There are many reasons drivers cause accidents, from driving distracted to ignoring the road rules. If they were driving for an employee, both parties would be responsible for your loved ones passing.
Several parties will be liable when a product is defective. There is the designer, manufacturer, and distributor. When your loved ones die from a defective product, we will work to hold these parties liable for their actions.
Products must go through rigorous testing before reaching the general public. If there is even one mistake, the public is in danger.
We all trust our medical professionals to help us heal from our ailments. The last thing you expect is they will do something that will cause the death of a loved one. All medical professionals from nurses, doctors, administrators, and hospitals have a standard duty of care to abide by.
When they do not and instead cause injury or death, it is medical malpractice, and they must be held liable.
When a person is at work, they have the right to a reasonably safe working environment. If the employer fails to provide the necessary safety for their employees, they are liable for any accidents. While they have workers’ compensation insurance, additional claims will be filed if there was gross negligence or intentional acts.
There are certain accidents that a local government agency causes. For example, if a broken or missing road sign leads to a collision, the government agency responsible for that area is liable for any accidents caused by their lack of signage. These cases are challenging as there are additional provisions and protection these agencies have.
You must speak with a fatal accident lawyer in Olive Branch immediately.
An act of violence is the most challenging situation to deal with, as it is often unexpected, and the reason behind it is unknown. When your loved one was the victim of a criminal act that caused their untimely death, the surviving family has the option to file a wrongful death claim against the criminal offender.
The Statute of Limitations for Mississippi
Regarding wrongful death claims, there are two statutes to keep in mind. The statute is one year from the date of death when there was assault, battery, or another intentional act. When negligence results, you will have three years from the accident to file a claim.
Since fatal accident cases are unique, there are also caps on compensation. Economic damages do not have caps. Non-economic cap limits are as follows:
- Product liability $1,000,000
- Prescription medication claims $1,000.000
- Medical malpractice $500,000
Discuss potential caps for compensation with your Olive Branch fatal accident attorney.
Parties Eligible to File a Claim
The deceased was very loved, and it is normal for all of their loved ones to want justice. However, not everyone is eligible to file a claim. The parties who can file a claim and obtain justice for a person’s passing include:
- Estate representatives
The spouse and children will have priority over the other parties in this list. If there is no spouse or surviving children, the parents and siblings would be the next parties to file a claim.
Damages Available in a Claim
To obtain compensation for a fatal accident, you must prove that the accident happened because of another entity’s deliberate and careless actions. You and your attorney must also show that you have suffered and will suffer personal and financial losses from this death. As the surviving family member of the deceased, you can file a compensation claim and obtain the following:
- Funeral expenses
- Medical costs before their passing
- Pain and suffering
- Loss of companionship
- Loss of support and guidance
- Property damage
- Loss of benefits
Fatal Accidents and the Numbers
The numbers show how common fatal accidents are in Olive Branch and across the country. Unintentional falls account for over 42,000 deaths. The CDC also reports motor vehicle accidents account for over 40,000 deaths.
The Institute of Medicine says that one in five medical errors is fatal. Your loved one can suffer a fatal accident in the most mundane ways and never be the wiser.
Contact a Fatal Accident Attorney in Olive Branch Today
Fatal accidents are the most emotionally jarring for surviving family members. You will never see your loved one again, and you have no idea what to do next. We cannot bring your loved one back, but we can hold negligent parties responsible for their actions.
You must contact an Olive Branch fatal accident lawyer from Gatti, Keltner, Bienvenu & Montesi PLC to handle your claim while you focus on grieving. There are time limits to filing a claim, so call us immediately or schedule an initial consultation using our online form.