Oakville is much busier with larger roads and fewer sidewalks than in years past. This means pedestrians are at more risk from vehicles and other dangers when trying to navigate their neighborhoods. Whether alongside the road or when crossing a highway, anyone walking or running faces the hazard of lifetime pain from injuries as a result of a pedestrian accident.
To navigate the difficult and confusing process of filing a lawsuit for compensation, you need to rely on a personal injury lawyer from Gatti, Keltner, Bienvenu & Montesi. We offer free consultations with an Oakville pedestrian accident lawyer to help you begin recovering restitution as soon as possible.
How Pedestrian Accidents Happen in Southaven
Oakville roads have become wider and more dangerous, and if you do not have a car, you must risk walking to do your shopping. Even if you run or walk for exercise, there are few pedestrian-friendly places to do so near town. Because most of the area is built to accommodate vehicles, drivers may pay less attention to pedestrians and the laws governing their right-of-way at intersections.
Crosswalks are the most likely location for pedestrian accidents, but they can also occur when vehicles leave the roadway during an auto collision. Other factors that can contribute to injuries include:
- Malfunctioning traffic lights
- Unsafe road conditions
- Uneven terrain, such as damaged sidewalks or parking lots
- Poor lighting at night alongside roads or in parking areas
While many pedestrian accidents involve moving vehicles, people can also be injured by debris on sidewalks or poorly maintained parking lots. You can also be hurt by other pedestrians who are running, skating, or skateboarding. In all these situations, a pedestrian accident lawyer in Oakville can help you determine who is at fault.
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How Fault Is Determined in Pedestrian Accidents
People often listen to music or other forms of entertainment while walking or running. They may be watching their smartphones closely to follow directions to where they are going. Without full attention to what is happening around them, a pedestrian could easily miss seeing an oncoming vehicle.
Likewise, drivers may also be distracted by music or passengers, causing them to lose focus on driving carefully. An experienced Oakville lawyer investigates your pedestrian accident claim to determine responsibility. They gather evidence and review documents to build a clearer understanding of exactly what happened. Your lawyer uses evidence such as:
- Accident scene photos
- Cell phone records
- Driving records of motorists
- Hospital records
- Doctor’s notes
- Witness statements
- Police reports
Fault is often divided in pedestrian accidents, meaning more than one person is to blame. When the victim is partially at fault, Tennessee law uses a modified comparative fault system. If you are found to be 50% or more at fault for the accident, you receive no damages. Lower than 50% and your damages are reduced by that amount (for example, 25% responsibility means a 25% reduction).
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What to Do After a Pedestrian Accident
Being injured in a pedestrian accident is potentially more serious than being in a car accident. You have little to no protection against falling objects, other pedestrians, or vehicles, so you will likely be in pain and confused. Some important steps to follow after an accident are:
- If you are conscious and can speak, give your statement to first responders.
- Get an immediate medical evaluation.
- Report all your injuries, no matter how small.
- Obtain photos of the scene, weather, surroundings, any vehicles involved, and your injuries.
- Ask the police to file an accident report.
- Ask witnesses for their contact information and a statement of what they saw.
- Keep all follow-up doctor’s appointments.
- Keep a folder of all medical and other bills.
- Begin a pain journal to document how you feel and your recovery.
- Do not speak to anyone about your accident other than your attorney.
- Do not post on social media about the accident or speak to anyone who might post.
- Engage an Oakville pedestrian accident attorney.
Calculating the Value of a Pedestrian Accident Claim
Each accident is unique, and there are many factors that determine how much of a settlement or jury award you may receive. The best way to help your pedestrian accident lawyer with the case in Oakville is to keep a detailed record of all expenses and bills (your economic damages) and write down your experiences in a journal. Keeping a pain journal will help your attorney calculate the non-economic damages that you suffer.
You can pursue a multitude of expenses, such as:
- Economic damages:
- Hospital and surgery bills
- ICU or ER costs
- Medical devices
- Medications
- Follow-up doctor visits
- Prosthetic devices
- Travel costs to receive treatment
- Home health care costs
- Renovations to your home to accommodate disabilities
- Lost income
- Loss of earning potential
- Other out-of-pocket expenses
- Non-economic damages:
- Loss of consortium
- Physical pain and suffering
- Emotional pain and suffering
- Loss of companionship
- Loss of enjoyment of life
- Humiliation and isolation from scarring or disfigurement
Pedestrian accident claims usually seek the full amount of economic damages already incurred and sometimes a projected amount to cover future expenses. You will usually receive all economic damages if you win, unless you are found partially at fault. Tennessee caps non-economic awards at $750,000, no matter the number of defendants. When an accident leads to catastrophic injury or death, the cap is raised to $1 million.
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Do Not Wait to File a Pedestrian Accident Claim
After a pedestrian accident, the victim is left injured and confused, facing medical treatment and recovery. Trying to pursue a lawsuit seems like too much to handle, and victims often delay filing a claim. They may think it is not worth the time or effort or be overwhelmed at the actions required.
This is where a competent Oakville pedestrian collision attorney can be the most helpful. Your lawyer will negotiate with insurance companies and opposing lawyers and has the experience to know how to win the maximum compensation for you. They collect and analyze evidence to strengthen the arguments against the other side.
If you delay filing a claim or seeking an insurance settlement, you could run out of time and lose your rights. Tennessee has a very short window for filing lawsuits: just one year from the date of the accident. The legal work required to make a successful case takes a lot of time, so it is to your benefit to hire a qualified pedestrian accident lawyer right away. They can take the work off your hands while you heal.
Call an Experienced Pedestrian Accident Attorney in Oakville Now
If you or a loved one has been hurt as a pedestrian, you need strong legal representation fighting against insurance companies and defense attorneys who will only give you lowball offers to settle your claim. An experienced Oakville pedestrian accident lawyer at Gatti, Keltner, Bienvenu & Montesi will help you seek the maximum compensation you deserve.
Contact us today for a free consultation with our convenient online form.
(901) 526-2126
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