When you have been injured as a pedestrian, whether by a cyclist or driver, the legal process that follows can be overwhelming, especially while you are dealing with healing from your injuries and potentially going through rehab. That's why choosing the right personal injury lawyer in Knoxville to represent you as you pursue compensation for your injuries is essential.

Why Do I Need a Personal Injury Lawyer?

You might be tempted to try to navigate the process of filing a personal injury lawsuit on your own, especially if it seems, at least in your eyes, like a cut-and-dried case where you are the victim. However, it is important to work with an experienced personal injury lawyer in Knoxville to ensure that your rights are protected and that you get a fair settlement for your injuries. Pedestrian accidents can be complex, and you may find understanding some rules and regulations challenging. An experienced personal injury lawyer in Knoxville understands the nuances of this type of lawsuit and will be able to provide some valuable insight as they develop the best legal strategy for your case. They also have experience working with insurance adjusters, which can be a daunting prospect for someone inexperienced!

Determining Fault In Pedestrian Accidents

One of the trickier aspects of pedestrian accidents is determining fault. It is often assumed that the driver who struck the pedestrian must be entirely to blame, but that isn't always the case. A personal injury lawyer in Knoxville will look at a number of factors in order to determine where fault lies, including the following:

  • Duty of Care - One primary consideration in determining fault is the concept of duty of care. Drivers have a duty to operate their vehicles safely, especially in areas where pedestrians are likely to be present, such as crosswalks, sidewalks, and school zones. If a driver fails to exercise reasonable care and causes harm to a pedestrian, they may be considered negligent and thus liable for the accident.
  • Pedestrian Duty of Care - However, it is important to note that pedestrians also have a duty of care! They must exercise caution and obey any traffic signals and laws. Jaywalking or crossing a street outside of a designated crosswalk can contribute to an accident and may affect the allocation of fault. In some cases, a personal injury lawyer in Knoxville may find that both the driver and the pedestrian may share responsibility for the accident, depending on their actions leading up to the collision.
  • Witness Testimony & Evidence - Witness testimony and physical evidence are essential in determining fault. Eyewitnesses can provide valuable accounts of the events leading up to the accident, shedding light on who may be at fault. Additionally, evidence such as skid marks, damage to the vehicles involved, and surveillance footage can help reconstruct the sequence of events and establish fault more accurately.
  • Comparative Negligence - Another crucial factor is the concept of comparative negligence, which allows for the allocation of fault between multiple parties based on their respective levels of negligence. For example, if a pedestrian is jaywalking but is struck by a speeding driver who had the opportunity to avoid the collision, both parties may share fault, with the degree of fault determining the extent of each party's liability.
  • External Factors - In some cases, external factors such as poor road conditions or faulty traffic signals may contribute to an accident. In such instances, municipalities or other parties responsible for maintaining safe roadways may share liability for the accident.

Legal standards and precedents also play a significant role in determining fault. Courts consider case law and statutes relevant to pedestrian accidents when making determinations. An experienced personal injury lawyer in Knoxville can help navigate these legal complexities and advocate for the rights of injured pedestrians. Overall, determining fault in pedestrian accidents requires a thorough investigation of the circumstances surrounding the incident, including the actions of both the driver and the pedestrian, eyewitness testimony, physical evidence, and relevant legal standards. By carefully considering these factors, courts can assign fault accurately and provide justice for those injured in pedestrian accidents.

Pedestrian Accident Settlements

When it comes to the settlement that can be expected following a pedestrian accident, there is no specific answer, as the damages awarded will depend on the severity of your injuries and the long-term impact they have on your life. Some of the things that need to be assessed when calculating the settlement include the following:

  • The Extent of The Injuries
  • Medical Expenses Incurred
  • Loss of Earnings
  • Rehab Expenses
  • Overall Impact on Quality of Life

Your personal injury lawyer in Knoxville will use all of these factors to demonstrate what sort of settlement you are due and will work to ensure you receive a fair settlement.

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Butler, Vines and Babb is a leading law firm in Knoxville, TN, with extensive litigation experience in Medical Malpractice Law, Birth Injury Law, Trucking Accident Law, Personal Injury Law, and Business Law. Contact us today at www.bvblaw.com or call 865-637-3531.

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