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Call us today at (423) 282-1041 if you’ve been seriously injured due to someone else’s negligence.

Johnson City Pedestrian Accident Lawyers

Were you or a loved one were recently injured in a pedestrian accident in Johnson City? If so, you could be eligible for financial compensation from the responsible party. Pedestrians involved in collisions with motor vehicles are often severely injured or even killed. Unlike the drivers and passengers of motor vehicles, there is nothing to protect pedestrians in the event of a collision, so they experience the full force of impact and can often be knocked over or even thrown several feet. Because of this, drivers should be particularly cautious when driving near sidewalks, crosswalks, or anyplace with regular foot traffic.

If you suffered catastrophic injuries or your loved one was killed in a pedestrian accident in Johnson City, do not try to handle your case on your own. An experienced personal injury lawyer will be able to fight to make sure that you recover every dollar of compensation you are entitled to. The Law Offices of Seaton & Bates, PLLC handle pedestrian crashes for clients all over Upper East Tennessee. Call (423) 282-1041 or complete an online contact form to have our lawyers review your case and answer all of your legal questions during a free consultation.

Do I Need a Pedestrian Accident Lawyer?

People often assume that when they have been injured in a pedestrian accident, they are the victim, and the insurance company for the negligent driver will automatically pay their claim without any real dispute. In reality, insurers often seek any way to avoid paying anything to victims.

After a pedestrian crash, the first tactic an insurance company takes may be to try and assign some or all the blame for an accident to the pedestrian. The insurer could take the position that a pedestrian’s negligence contributed to or directly caused their injuries.

In some cases, an insurance company may try a different tactic and immediately offer a victim a lump-sum settlement to resolve their case. Be immediately suspicious of any such proposal, as what might seem like a generous settlement may only be enough to cover your existing bills and leave nothing for all future costs, requiring you to pay the rest out of your pocket.

You will need an attorney to deal with the insurance companies on your behalf. They will know when an offer is too small, and they will know how to negotiate with insurance agents to get you the full amount you deserve. The lawyer will also be able to commence an independent investigation of your crash to preserve the necessary evidence and identify all possible liable parties.

Why Choose the Law Offices of Seaton & Bates, PLLC to Handle My Case?

The Law Offices of Seaton & Bates, PLLC understand the many ways in which a pedestrian accident can impact the life of a victim, and our firm is committed to helping people get justice for injuries caused by the negligence of other parties. We utilize a team approach for every case, so you will have multiple qualified lawyers involved in helping you recover compensation.

Tony Seaton has received an AV Preeminent rating from Martindale-Hubbell and is a board-certified specialist in Civil Trial Practice. He won the Tennessee Association for Justice Paladin Award in 2012 and has over three decades of legal experience.

Robert Bates was named to the Top 40 Under 40 list by the National Association of Personal Injury Attorneys in 2015. He is a member of the Tennessee Trial Lawyers Association and was also a Dean’s Scholar at the Appalachian School of Law.

The Law Offices of Seaton & Bates, PLLC represent clients on a contingency fee basis, so you pay nothing until you obtain a financial award. The Law Offices of Seaton & Bates, PLLC can negotiate a settlement that covers all your past, present, and future needs, but we will not hesitate to file a lawsuit if an insurance company does not make a satisfactory offer.

Types of Pedestrian Accident Cases We Handle

Many pedestrian accidents stem from driver negligence. Motorists may have committed a traffic violation, or cases may involve certain criminal offenses, such as drunk or drugged driving.

Pedestrians often suffer severe injuries in these types of crashes. Injuries can vary in severity depending on multiple factors, but some of the most common kinds of injuries include but are not limited to:

  • Lacerations
  • Muscle strains
  • Sprains
  • Fractures
  • Paralysis
  • Spinal cord injuries
  • Traumatic brain injuries
  • Neck injuries
  • Internal organ injuries

The lack of protection for most pedestrians often means that some injuries can be fatal. When a person is killed in a pedestrian accident caused by another party’s negligence, the victim’s family may be able to file a wrongful death lawsuit against the negligent party.

Frequently Asked Questions About Pedestrian Accidents

Pedestrian accident victims and their families are often overwhelmed in the aftermath of an accident. For many, they have never been involved in a legal action before, so they have many questions. To reduce some stress, we have provided the answers to some of the questions we hear most frequently at our firm below.

If you are involved in a pedestrian accident, your first step should always be to seek medical attention, even if you do not believe you were hurt. Not all injuries involve immediate symptoms, and an insurance company will use any delay in treatment to argue that your injuries were minor or were improperly treated. Another critical step that you can take is to try and collect any evidence they can from the crash scene. One of the easiest ways to do this is by using the camera on your cell phone to take pictures of the accident scene. Take photographs of all the aspects of the crash from multiple angles and distances. Also, try to get the names and phone numbers of any witnesses to your accident. If the need for medical care prohibits you from gathering evidence, try to have a friend, family member, or co-worker do it for you. When you are able, contact a personal injury lawyer as soon as possible.
A plaintiff’s contributory negligence to any degree was once enough to prohibit them from being able to recover damages. The Supreme Court of Tennessee, however, adopted a system of comparative fault in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992). Under comparative fault, a person can recover damages when their negligence is less than the defendant's, but the award will be reduced in proportion to the plaintiff’s share of the total negligence. In other words, a person who is awarded $100,000 in a motorcycle accident case but was 25 percent at fault would have their damages reduced by $25,000 and ultimately receive $75,000.
Under Tennessee Code § 28-3-104(a)(1)(B), a civil action for injuries sustained in a pedestrian accident must begin within one year of the date of the crash. The statute of limitations period begins running on a different date in a wrongful death case though, as the cause of action is the date of a person’s death, which could be several days, weeks, or months after the actual crash. Victims should not wait to take legal action in these cases, as some delays may make it impossible to hold negligent parties accountable.

A Governors Highway Safety Association report showed that pedestrians accounted for the largest proportion of traffic fatalities in the past 25 years. According to the GHSA, the number of pedestrian fatalities increased 25 percent from 2010 to 2015 even though total traffic deaths increased only 6 percent. The report showed Tennessee’s 2015 pedestrian fatality rate (fatalities per 100,000 population) of 1.64 to be the 22nd highest in the nation. For the first six months of 2016, Tennessee had a pedestrian fatality rate of 0.69.

The Tennessee Department of Safety & Homeland Security divides pedestrian accident statistics into pedestrians and “other pedestrians,” which includes people in or on pedestrian conveyances and buildings, skateboard riders, people on roller skates, sled riders, and unknown nonmotorists. A total of 1,154 pedestrians and other pedestrians were involved in traffic crashes in Tennessee in 2018 as of the third quarter of that year, and 1,699 pedestrians and other pedestrians were involved in traffic crashes in Tennessee in 2017.

According to the agency, 12 pedestrians and six other pedestrians were involved in crashes in Sullivan County in 2018, while 22 pedestrians and four other pedestrians were involved in accidents in 2017. In 2018, Washington County saw 11 pedestrians and three other pedestrians crashes, while 12 pedestrians and two other pedestrians were involved in accidents in 2017. Carter County’s statistics showed that four pedestrians were involved in crashes in 2018, with seven pedestrians and two other pedestrians involved in accidents in 2017.

The Tennessee Highway Safety Office reported that the 126 pedestrians killed in the state in 2017 represented the highest number of fatalities of any year dating back to 2006. Tennessee had 101 pedestrian fatalities in 2016 and 108 in 2015. Prior to 2015, fatality totals had not exceeded 100.

In June 2018, the Tennessean reported that pedestrian fatalities had increased in major Tennessee cities. Pedestrian fatalities nearly doubled in Memphis over six years, and Nashville saw a “dramatic spike” in 2017 with the Metro Nashville Police Department statistics showing 23 pedestrians killed in 2017. There had been 16 pedestrian deaths in 2016, 14 deaths in 2015 and 2012, and 11 deaths in 2014, 2013, and 2011.

Contact a Johnson City Pedestrian Accident Attorney Today

Did you sustain severe injuries or was your loved one killed in a pedestrian crash in the Johnston City area? Law Offices of Seaton & Bates, PLLC is dedicated to achieving the best possible results for our clients. You can have our lawyers provide an honest and thorough evaluation of your case when you call (423) 282-1041 or contact us online to schedule a free consultation.

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