Nashville Pedestrian Injury Lawyer
More Than 150 Years of Combined Experience for Serious Injury Claims
Even the slowest-moving car has enough mass and momentum to injure, disable, or kill a strong and healthy person. If you’ve been injured in a pedestrian accident, we can investigate what happened and explain your legal options.
Kinnard Law has served injured clients since 1977. Our attorneys bring more than 150 years of combined legal experience to serious injury, medical malpractice, and wrongful death cases. We have tried hundreds of cases to verdict. Through verdicts and settlements, we have helped clients across Tennessee and neighboring states recover millions of dollars.
If you’ve been injured as a pedestrian, contact us online or call our Nashville pedestrian accident attorneys today at (615) 933-2893. We offer free consultations.
Tennessee Pedestrian Right-of-Way Laws
Pedestrians don’t have an automatic right-of-way in every situation. Tennessee law addresses when drivers must yield at crosswalks, how pedestrians should cross outside marked crosswalks, and every driver’s duty to exercise due care to avoid a collision. We evaluate claims involving marked and unmarked crosswalks, intersections, turning vehicles, parking areas, and roadway crossings.
TCA 55-8-134 outlines protections for pedestrians using crosswalks:
- Drivers must yield to a pedestrian within a crosswalk on the half of the roadway where the vehicle is traveling or when the pedestrian is approaching closely enough from the opposite half to be in danger.
- Drivers must stop for pedestrians using a crosswalk in a marked school zone when the warning flashers are operating.
- A driver approaching from behind can’t overtake and pass a vehicle stopped at a marked or unmarked crosswalk to allow a pedestrian to cross.
Pedestrians also have legal duties. Crossing outside a crosswalk, entering the roadway unexpectedly, or disregarding a traffic signal can become part of the liability analysis. Under Tennessee comparative fault principles, compensation can be reduced when an injured person shares responsibility, and recovery may be barred if that person is found 50% or more at fault.
The Tennessee personal injury filing deadline is generally one year from the date of an accident, but exceptions and case-specific rules can alter that period. Prompt evaluation gives our attorneys time to investigate traffic rules, driver conduct, roadway conditions, and the pedestrian’s actions before evidence becomes unavailable.
Investigating Pedestrian Accidents in Nashville
Proving fault can be difficult when a collision involves conflicting accounts, several potentially responsible parties, or a crash near construction zones. Our investigation may examine vehicle movement, visibility, lighting, traffic controls, roadway design, construction conditions, witness accounts, and the injuries caused by the impact.
Potential evidence includes police reports, photographs, nearby surveillance footage, traffic signal information, vehicle data, witness statements, and roadway documentation. We use investigators and medical consultants when appropriate to examine how the collision occurred and document the resulting harm.
Nashville’s Vision Zero initiative uses crash data and identifies high-risk transportation locations as part of its work to reduce roadway deaths and serious injuries. Local transportation projects may involve corridor improvements, intersection changes, signal timing, and walking routes. The Tennessee Department of Transportation also uses pedestrian safety countermeasures at locations associated with fatal and severe crashes, including a pedestrian hybrid beacon project on West Trinity Lane.
Why Pedestrian Collisions Cause Serious Injuries
Pedestrians are vulnerable road users because they lack the seat belts, airbags, and vehicle structure that protect motorists. Even a collision at a relatively low speed can cause severe or fatal harm. The Tennessee Department of Transportation maintains a statewide program focused on reducing fatal and serious pedestrian crashes.
Driver error is a central concern in many investigations, often involving alcohol, drug use, or distracted driving. Poor road design, inadequate lighting, hazardous road conditions, and vehicle maintenance issues may also contribute. We examine the available evidence rather than assuming the driver is the only potentially responsible party.
Common Causes of Pedestrian Accidents
Pedestrian collisions frequently involve these contributing factors:
- Distracted Driving: Drivers who are texting, using GPS, eating, or otherwise distracted could fail to notice pedestrians in crosswalks, intersections, or along roadways.
- Speeding: Excessive speed reduces a driver’s ability to stop in time and greatly increases the severity of injuries when a pedestrian is struck. Speeding is especially dangerous in residential areas, school zones, and busy urban streets.
- Failure to Yield at Crosswalks: Many pedestrian accidents happen when drivers fail to yield the right-of-way at marked or unmarked crosswalks. This includes turning vehicles whose drivers focus on traffic signals but overlook people crossing the street.
- Driving Under the Influence: Alcohol and drugs impair judgment, reaction time, and vision. Impaired drivers are more likely to strike pedestrians, especially at night or in poorly lit areas.
- Poor Visibility and Low Lighting: Pedestrian accidents are more common after dark, during bad weather, or in areas with poor lighting. Drivers could have difficulty seeing pedestrians wearing dark clothing or crossing outside well-lit intersections.
- Reckless or Aggressive Driving: Behaviors such as running red lights, ignoring stop signs, or making illegal turns put pedestrians at serious risk. Aggressive driving leaves little room for a driver to react to someone on foot.
- Backing Collisions: Pedestrians, especially children and older adults, can be struck when drivers back out of driveways, parking spaces, or garages without checking their surroundings.
Common Pedestrian Accident Injuries
Some serious injuries aren’t fully apparent immediately after a collision, making prompt medical evaluation and thorough medical documentation important.
Common pedestrian accident injuries include:
- Traumatic Brain Injuries (TBI): A traumatic brain injury is damage to the brain caused by a blow, jolt, or penetrating injury. It can affect memory, cognition, behavior, movement, and overall well-being.
- Spinal Cord Injuries: The impact of a collision can severely damage the spinal cord, potentially causing paralysis and other life-altering limitations.
- Fractures and Broken Bones: These injuries may require extensive medical treatment and rehabilitation.
- Soft Tissue Injuries: Sprains, strains, and other soft tissue injuries can cause ongoing pain and limit an individual’s mobility.
- Internal Injuries: A collision can cause internal bleeding or organ damage that may not be immediately apparent.
- Amputations: Crushing trauma may result in the loss of a limb or require surgical amputation.
- Emotional Trauma: Pedestrians may experience anxiety, depression, or post-traumatic stress disorder after a serious collision.
Our evaluation considers medical treatment, rehabilitation, functional limitations, future care needs, and the effect of an injury on work and daily life. When a pedestrian collision is fatal, eligible surviving family members may have grounds to pursue a wrongful death claim.
Compensation in a Pedestrian Accident Claim
We work to document the full effect of a pedestrian collision rather than limiting a claim to the initial hospital bill. The damages available depend on the evidence, applicable law, insurance coverage, involved parties, and any comparative fault assigned to the pedestrian.
A pedestrian injury claim may include compensation for:
- Medical Expenses: Past and future treatment, hospitalization, rehabilitation, medication, medical equipment, and other supported health care costs.
- Lost Income: Wages lost during recovery and reduced earning capacity when injuries affect the person’s ability to work in the future.
- Pain and Suffering: Physical pain, emotional distress, disfigurement, disability, and loss of enjoyment of life supported by the evidence.
- Property Damage: Repair or replacement costs for clothing, phones, bicycles, and other personal property damaged in the collision.
- Wrongful Death Damages: Recoverable losses may include funeral and burial expenses, lost financial support, loss of companionship, and other damages permitted by Tennessee law.
If you’ve been injured as a pedestrian, contact us online or call our Nashville pedestrian accident attorneys today at (615) 933-2893. We offer free consultations.
Frequently Asked Questions
What Should I Do Immediately After a Pedestrian Accident?
Call 911, move to safety if you can, and seek a medical evaluation. Ask the police to document the collision, photograph the scene and your injuries, collect the driver’s insurance information, and obtain witness contact details. Preserve damaged property, medical records, receipts, and any available video. Our Nashville pedestrian accident attorneys can assess additional evidence that may need to be secured quickly.
How Long Does It Take to Resolve a Pedestrian Accident Claim?
The duration depends on injury severity, medical progress, the scope of the investigation, disputed liability, insurance issues, and whether litigation is necessary. Some claims resolve through negotiation, while contested cases may take longer if discovery, depositions, or trial preparation is required. At Kinnard Law, we keep clients informed as the case progresses without sacrificing a thorough investigation for speed.
What Factors Affect the Settlement Amount in a Pedestrian Accident Claim?
Important factors include liability evidence, injury severity, medical expenses, lost income, future treatment, reduced earning capacity, available insurance coverage, comparative fault, and documented pain and suffering. No single formula determines value. Our attorneys analyze the medical documentation, financial losses, functional limitations, and supporting evidence before pursuing a resolution that reflects the legally recoverable harm.
Trial-Tested Representation with Personal Attention
Randall Kinnard is certified as a Civil Trial Advocate by the National Board of Legal Specialty Certification and as a Medical Malpractice Practitioner by the American Board of Professional Liability Attorneys. Those credentials reflect substantial trial work and rigorous professional review.
We prepare cases for litigation while pursuing resolution through negotiation when appropriate. Our limited caseload allows our attorneys to remain engaged with clients, investigate the evidence, consult with medical professionals, and explain significant decisions throughout the case.
Discuss Your Nashville Pedestrian Accident Claim
Contact Kinnard Law today if you or a loved one has been injured in a pedestrian collision. Our attorneys can evaluate the facts, available evidence, medical needs, and potential legal options during your consultation.
Contact our firm online or call (615) 933-2893 today to discuss your pedestrian accident claim with our Nashville attorneys.
Verdicts & Settlements
Unmatched Dedication Has Led To Record-Setting Victories
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$55 Million Personal Injury
Erin Andrews awarded $55 million in lawsuit against hotel.
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$22.2 Million Medical Malpractice
Bette Donathan was in an automobile accident in Winchester, Tennessee. She had a broken leg.
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$15.2 Million Medical Malpractice
Randy Kinnard and Mary Ellen Morris of Kinnard Law obtained the largest verdict in Weakley County history for their 23 year-old client.
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$6.5 Million Medical Malpractice
A woman went into the hospital for a tubal ligation. The doctor put a small hole in her large colon during the procedure and did not recognize it.
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$5 Million Wrongful Death
On October 2, 2014, a Nashville jury held a pediatric clinic and local hospital accountable for the wrongful death of 22-month-old Ryder Laurent.
Hear From Our Happy Clients
At Kinnard Law, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"They had my best interests in mind all the way through."They had my best interests in mind all the way through.- J.B.
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"They never gave up until justice was served."They never gave up until justice was served.- L.S.
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"It was clear that they genuinely cared about helping me."It was clear that they genuinely cared about helping me and were committed to achieving the best possible outcome.- J.K.
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"Your professionalism, patience, and kindness throughout the process did not go unnoticed."Your professionalism, patience, and kindness throughout the process did not go unnoticed.- S & K
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"Having great people in my corner who genuinely cared made a meaningful difference."Having great people in my corner who genuinely cared made a meaningful difference.- J.
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"These are the professionals that you want fighting for you and the people you love!"The legal team at Kinnard Law worked diligently to get my family compensation following a malpractice suit.- Lauren Price Cook
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"Integrity, above and beyond."This Law Firm has proven itself as absolutely professional, goal oriented, kind and compassionate in the past several years during my case.- H.W.
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"In the hardest two years of my life, you provided the utmost trust, comfort, and support."Thank you Randy, Jennifer, and Cynthia so much for not only helping me get through what has been the hardest time of my life, but for always providing grace, trust, and a sense of comfort for what felt like an eternity.- T.H.