Pedestrian accidents are an unfortunate reality on Tennessee roads and highways. In 2020 alone, there were 38 pedestrian fatalities in the state. While some of these accidents are unavoidable, many are the direct result of driver negligence and failure to exercise proper care and caution around pedestrians. Understanding the common forms of driver negligence that contribute to pedestrian collisions can help bring awareness to this important issue.
Common Types of Driver Negligence
There are several common driver behaviors that are considered negligent and greatly increase the risks to pedestrians on or near roadways. These include:
- Speeding – Driving over posted speed limits reduces the chance to see and react to pedestrians in time. Higher speeds also increase the severity of injuries in a collision.
- Distracted Driving – Talking on cell phones, texting, eating, adjusting music, and attending to children can take a driver’s eyes and attention off the road. This makes them less likely to see a pedestrian.
- Failure to Yield – Drivers must yield the right of way to pedestrians on crosswalks. Neglecting to stop creates an unsafe crossing situation.
- Passing a Stopped Vehicle – Drivers attempting to pass a stopped car or bus may not see that the vehicle has stopped for a pedestrian to cross.
- Ignoring Traffic Signals – Running red lights and stop signs places pedestrians in crosswalks at great risk.
- Driving Under the Influence – Alcohol and drug impairment slows reaction times and reduces situational awareness and information processing abilities.
- Fatigued Driving – Drowsy drivers have delayed reactions and difficulty focusing and keeping their vehicle in the proper lane.
- Aggressive Driving – Speeding, tailgating, improper passing, and other dangerous behaviors increase the risks to vulnerable road users.
- Poor Headlights or Visibility – Driving without proper headlights at night or in bad weather reduces the visibility of pedestrians in the roadway.
Why Pedestrians are Vulnerable
Compared to drivers enclosed in vehicles, pedestrians are extremely exposed and vulnerable road users. They do not have the protections of airbags, seatbelts, or crush-resistant frames. Additionally, the size disparity means that pedestrians are difficult to see, especially at night. They may enter a driver’s field of vision suddenly if they step out from between parked cars or attempt to cross at unsignalized junctions. Drivers need to be constantly vigilant for pedestrians. Factors like speeding, distraction, and impairment greatly reduce a motorist’s ability to detect and react to the presence of pedestrians. Even when pedestrians make every effort to cross safely at crosswalks with the light, an inattentive or negligent driver can still strike them.
At highway speeds, drivers typically cannot brake in time once a pedestrian is spotted. When driver negligence comes into play, the results for pedestrians are often tragic. Pedestrians lack the protection of being in a vehicle, so their bodies directly absorb the traumatic forces of a collision. This vulnerability puts all responsibility on drivers to proceed with caution, follow traffic laws, and look out for pedestrians.
Common Pedestrian Accident Injuries
The human body is no match for a speeding vehicle. Pedestrian collision injuries are frequently severe or fatal. Some of the most common injuries include:
- Head and Brain Trauma – Pedestrians frequently strike their unprotected heads on the hood, windshield, or pavement. This can cause concussions, skull fractures, bleeding in the brain, and permanent brain damage.
- Spinal Cord Injuries – The violent impact often compresses, lacerates, or severs the spinal cord. This can cause partial or total paralysis.
- Broken Bones – Rib fractures, pelvic fractures, broken legs and arms are common. Compound fractures that penetrate the skin are at high risk for infection.
- Internal Organ Damage – Collision forces can rupture, bruise, or lacerate organs like the liver, kidneys, and spleen. This internal bleeding causes shock.
- Road Rash – Sliding across pavement strips away skin and exposes tissue to infection.
- Wrongful Death – When injuries are too severe, death results. Head and spinal trauma are common causes.
Lasting Impacts
For pedestrians who survive, the collision is often life-altering. Permanent disabilities like paralysis, loss of limbs, brain damage, or chronic pain forever change one’s mobility, career, independence, and enjoyment of life. The emotional trauma of the accident also contributes to lasting psychological scars in many victims. Financial impacts from medical bills and lost income compound the devastation.
Role of Legal Liability
When driver negligence is a factor in a collision, the at-fault motorist should be held legally liable for the harm they cause. Under Tennessee law, negligent drivers can face both criminal charges and civil liability.
Potential criminal penalties include fines, license suspension, and even jail time for more serious offenses like a DUI collision or hit-and-run incident. These criminal sanctions are pursued by the prosecutor’s office in the name of the state.
Injured pedestrians also have the right to pursue a private personal injury claim against the at-fault driver. Damages in civil claims may include coverage for medical expenses, lost income, disability and pain and suffering damages, and wrongful death benefits for surviving family members. Payouts come from the driver’s auto liability insurance policy. When serious injuries are involved, settlements often reach into the millions.
An experienced Tennessee pedestrian accident attorney can build a claim by gathering police reports, traffic footage, witness statements, and expert analysis to clearly demonstrate the driver’s negligence. Negotiating with insurance adjusters or pursuing litigation allows maximization of compensation for the injured.
Drivers Must Exercise Caution Around Pedestrians
Sharing the roadways with pedestrians requires vigilance, patience, and care from drivers. When motorists neglect defensive driving and fail to adhere to traffic laws meant to protect vulnerable road users, preventable tragedies occur. Pedestrians injured by driver negligence should seek experienced legal counsel to protect their rights and receive full compensation to cover their damages.
If you or a loved one has been involved in a pedestrian collision in Tennessee, contact the pedestrian accident attorneys at Monge & Associates today at (888) 477-0597 for a free consultation and case evaluation. Our team has a proven track record of results in recovering damages for traffic accident victims throughout the state.
We have 32 offices in 19 locations, including Tennessee, Florida, and Georgia, and will thoroughly investigate your accident, build a strong claim demonstrating the driver’s negligence, and fight for maximum compensation for your injuries and losses. Don’t delay in seeking experienced representation.