Nashville Tennessee Personal Injury
Pedestrian Accidents

If your injury is serious enough and your case is important enough to you then contact a lawyer. It is critical that you do the research to find a reputable, capable attorney. We believe our success in recovering large awards and settlements speaks for itself about the quality of our representation, quality that we refer to as the "Advantage of Experience."

This Website discusses our PI legal practice and our credentials, and it provides some general information on Nashville Tennessee Personal Injury Law. Every case is unique and deserves to be evaluated on its own merits. Please contact us for a free consultation before making a decision about representation. You will speak with Kevin Moore directly not a staff member.

Our Firm welcomes the challenges offered by difficult cases involving serious injuries and complex issues. We know how to fight opposing lawyers and the insurance companies and win. If you have been injured in an pedestrian accident due to the negligence of any other party, do not hesitate to call and talk to us. You should know that we often collect damages well beyond what the insurance companies offer. You deserve to know your valuable Legal Rights.

You Need An Attorney Who Specializes In Personal Injury (PI) Law

What you don't need is a lawyer who "also" practices PI cases. More and more, laws are being written that are only fully understood by those few lawyers who are highly competent in specific areas. Finding the "right lawyer", means a lawyer with substantial personal injury (PI, Workers Comp & SSD) knowledge and experience, is what you want when you need competent help. Lawyers should be selected for their expertise and experience in specific specialties of law. The "right lawyer" for your Personal Injury case is the person who has substantial experience handling a case very similar to yours, who can and will take action at once.

Kevin Moore and his Nashville Tennessee Personal Injury law firm is who you want and what you need!

Nashville & Tennessee Pedestrian Accidents

Pedestrians are among of the most vulnerable users of our Tennessee roads. Unlike drivers, they don't have a reinforced metal cage or safety devices to protect them in an accident. When a pedestrian is hit by an automobile, the laws of physics and physiology almost guarantee that the pedestrian will be badly hurt; flesh and bone are simply no match for the weight and force of an oncoming vehicle. And because so many pedestrians are children or the elderly, groups that have slower reflexes and injure more easily than healthy adults, the results of a vehicle/pedestrian accident are often very severe.

Approximately 1,200 people are involved in Tennessee pedestrian accidents every year. Like all drivers, Tennessee drivers have a legal duty to watch for pedestrians on the road, especially children and the disabled. Unfortunately, statistics show that many do not. Due to inattention, intoxication, sleepiness or other completely avoidable distractions, some drivers carelessly fail to watch the road. A few even deliberately ignore traffic laws designed to safeguard pedestrians, such as speeding near a school.

Personal injury lawyers, like Kevin Moore, now routinely represent plaintiffs in cases involving pedestrian accidents. Regardless of the cause, if there was negligence leading to your injury, then you likely have a case for a law suit.

Consequences of Pedestrian Accidents

When a pedestrian is involved in a motor vehicle accident they are at risk for countless serious injuries. Pedestrians' head, legs, and arms are the most vulnerable in an accident. Often, pedestrians endure extreme bodily injuries such as:

• Traumatic brain injury
• Spinal cord injury
• Paraplegia
• Quadriplegia
• Coma
• Fractured bones

Causes of Pedestrian Accidents

There are numerous common factors that contribute to pedestrian accidents. Negligence is one of the most common factors. Motorists have a responsibility to adhere to the laws of the road and drive in a safe and observant manner at all times. Pedestrians are killed every day due to a driver's negligence.

Driver Errors

Generally, people who operate motor vehicles must exercise "reasonable care under the circumstances." Any failure to use reasonable care is considered negligence. A few of the most common factors contributing to driver negligence or misconduct are:

• An inattentive or pre-occupied driver
• Failing to check for pedestrians when making a turn
• Distracted by a hand-held device or a passenger
• Excessive speed
• Failure to yield the right of way to pedestrians at marked cross walks
• Disregarding a pedestrian already crossing the roadway
• Disobeying traffic signs or signals
• Passing a school bus
• Failing to signal while turning
• Disregarding weather or traffic conditions
• Driving under the influence of drugs or alcohol

Pedestrian Errors

A pedestrian must exercise reasonable care for his or her own safety. The care required of the pedestrian must be in proportion to the danger to be avoided and the consequences that might be reasonably anticipated. Contributory negligence may be assessed against a pedestrian if they failed to exercise such care and directly contributed to the cause of their own injuries. A few of the most common factors contributing to pedestrian negligence are:

• Pedestrians who ignore the "walk" signal at an intersection
• Pedestrians who "dart" in front of a vehicle
• Pedestrians who enter a stream of traffic and disrupt the flow
• Pedestrians who fail to use available marked cross walks

When You are Involved in a Pedestrian Accident

Be aware that those who may be legally responsible for your injuries might try to blame you for the accident, by claiming that your own negligence was the cause of what happened. If you have been involved in a pedestrian accident, you should, if possible, do the following:

• Immediately summon medical help if needed
• Call the police immediately
• If not seriously injured, do not leave the scene of the accident before help arrives
• Photograph the scene
• Gather names and phone numbers of any witnesses
• Do not make any statements to anyone, including drivers and insurers.
• Call a qualified and experienced pedestrian accident or personal injury attorney as soon as possible

Legal Actions

Not all pedestrian-vehicle accidents are caused by drivers. A pedestrian must exercise reasonable care for his or her own safety too. The care required of the pedestrian must be in proportion to the danger to be avoided and the consequences that might be reasonably anticipated. Contributory negligence may be assessed against a pedestrian if they failed to exercise such care and directly contributed to the cause of their own injuries When the driver of a vehicle causes an accident or injury, a pedestrian may recover damages for the injuries suffered if someone else's negligence caused or contributed to the incident. Negligence is the legal term for the failure to do (or not do) something that a reasonable person would, in a similar situation, in order to protect others from foreseeable risks. In order to establish negligence in a pedestrian accident, the injured person must prove that the person at fault:

• Owed a legal duty to the plaintiff under the circumstances; and
• Failed to fulfill ("breached") that legal duty through conduct or action or through a failure to act; and
• Caused an accident or injury involving the plaintiff; and
• Harmed or injured the plaintiff as a result.

The outcome of each case will depend upon a careful analysis of the facts of each accident as they relate to each of these essential elements. When a pedestrian injury occurs, there may be more than one party with legal responsibility for the accident. Depending on the circumstances of the accident, those with potential liability include:

• The driver of a vehicle that strikes a pedestrian
• The party responsible for maintaining the sidewalk, roadway or parking lot where the accident occurred
• The pedestrian himself or herself

Pedestrian Accidents & Compensation

Pedestrians hit by cars can die but they almost certainly sustain very serious injuries, including brain and spinal injuries, and multiple bone fractures. They may be left with long-term disabilities, including paralysis, brain damage, amputation, serious scarring and mobility issues. Victims may not be able to work at all after the accident, or may need to radically change an established career. In addition to causing catastrophic changes in the lives of victims and their families, these injuries could require years of medical treatments, surgeries and therapy. And this can be extremely expensive for an ordinary family.

Usually, any recovery in a pedestrian negligence case involving a motor vehicle will hinge upon the exact duty of care owed by those involved. Both drivers and pedestrians must adhere to the laws of the road and exercise reasonable care. In many cases, it may seem obvious who was careless or negligent, but the courts look to a number of factors in applying the facts of each case to the elements of a "negligence" claim. A person who negligently operates a vehicle may be required to pay damages for personal and property damage caused by that negligence.

A pedestrian hit by the careless driver of a car, truck or other motor vehicle may have a legal claim against that driver, his or her insurance company, and other parties. The early involvement of a personal injury attorney with experience helping injured pedestrians is the best way to assess and protect any potential legal claim.

If you were injured in a pedestrian accident, the chances are high that your injuries are severe. You may be entitled to recover damages for the personal injuries that you have suffered, your medical bills and your pain and suffering. Your relatives may have a claim for the emotional distress that they have endured as a result of a pedestrian accident as well. Personal Injury Attorney Kevin Moore can help you to evaluate all your legal options following your accident. Please call him in Nashville at (615) 500-0716 or throughout Tennessee, Toll Free at (888) 452-3043 any time of day or night for a free consultation regarding your pedestrian accident claim. You can also Contact Kevin through this website.

What Must be Proven for You to Receive Compensation?

When determining whether the injured person was owed a duty, the court will look at several factors including the "foreseeability" of harm to the injured person and the degree of certainty that the plaintiff (the person bringing the claim) would suffer injury. Courts will also look to see how close the connection was between the defendant's conduct and the plaintiff's injury. Once it is established what, if any, duty was owed, the question becomes whether that duty was breached. If it was, the defendant may be found negligent. However, the fact that a defendant is negligent with respect to the accident does not mean that the plaintiff automatically recovers. The plaintiff must still show that the negligence caused the injury. This is called causation. In assessing the cause of the injury, the courts will also look at the conduct of the plaintiff and other parties involved in the incident. Thus, a plaintiff who is negligent and whose negligence contributes to his or her injury will be required to bear some of the responsibility for the injury.

As you can see, negligence is a complex law issue and it takes an attorney who is highly knowledgeable in this area of law to succeed in getting restitution for their clients.

Why Should I Hire A Pedestrian Accident Lawyer?

You are not required to hire a personal injury lawyer after any type of a Nashville or Tennessee accident or injury. There is no legal requirement to hire any lawyer after any accident and pedestrian injury victims in Nashville and throughout Tennessee are allowed to process their cases on their own. On the other hand, and especially with serious injuries, injuries that result in long term distress, or wrongful death claims, failing to hire the best Nashville firearm lawyer that you can find can be a terrible financial and personal mistake.

Personal injury law suits are a "one and done" prospect in almost every case. There is no "do-over" if things do not go well. Therefore, somebody who tries to handle an pedestrian injury case on their own, or with a less than competent or a passive, non-aggressive lawyer, and settles the case only to later determine that they could or should have received more compensation is usually out of luck. They have lost their one opportunity to receive the full compensation of their current medical bills, the full recovery of future medical bills, complete reimbursement of lost wages because of the intentional injury, complete reimbursement of money for future lost wages that they will never earn because of the injury they suffered along with pain and suffering, loss of enjoyment of life, and inability to do life's daily activities because of the injury. . With Kevin at your side you will not lose your singular opportunity for a fair judgment. .

Should I Sign The Insurance Paperwork After My Firearms Accident?

The insurance company is not on your side!. It is not the purpose of the insurance company to be on your side. The insurance company is not paid to be on your side. Most insurance companies are publicly traded and those insurance companies have an obligation to their shareholders to make a profit.

Therefore, the documents that you may receive following a Nashville or Tennessee firearm injury case from an insurance company are probably not there to help you. Those documents probably were not sent to you in order to make sure that your claim is protected. This does not mean that the insurance company is being evil, nor does it mean that the documents that you were being presented with after a serious injury claim can never be filled out. However, the reality is that filling out any document without making sure that a top Nashville/Tennessee personal injury lawyer has reviewed those documents and made sure that they are not to your detriment is a mistake.

Kevin has reviewed documents from just about every insurance company that covers personal injury and liability claims in the State of Tennessee. Therefore, he knows the difference between legitimate questions, and questions that are purposely made to look legitimate when they are in fact intended to cause you problems. More importantly, he knows the difference between documents that you are required to sign, and those which you are not required to sign. It is important to make sure that you protect your own rights. After a serious injury or wrongful death case, it is important that you find the best Tennessee personal injury lawyer that you can find that is the right fit for you to ensure that your rights are protected by somebody who is well trained in personal injury litigation. You can call Kevin now or him through this website.

Should I Settle My Pedestrian Injury Case?

Sadly, many Nashville & Tennessee personal injury lawyers will focus on the fact that they will settle almost every case that they take. The reason this is done so commonly is that most people do not want to go to trial. Sometimes even the attorney doesn't feel competent enough to go to trial! People who have been seriously injured often want to settle their case. They want to get the compensation they're entitled to under the law. They are trying to get what is fair. They are trying to get what is owed to them. They are trying to get what they deserve for something they did not cause. And, too often, they just want it over quickly - foregoing proper compensation. Therefore, it is not the desire of many people to have go to trial. Instead, if they can settle the case fairly that's what they frequently do.

Here is the "sad part": it is important to be very careful when looking for or finding a lawyer who will just promise to settle a case. The insurance industry is extremely sophisticated. They know who the top Nashville personal injury lawyers are. More importantly, they know that the best Nashville car accident lawyers will take cases to trial if necessary. The willingness to take cases to trial is what makes your settlement value greater for anybody represented by that lawyer.

If the insurance company knows that somebody is seriously injured but is represented by a lawyer who settles every case and refuses to take cases to trial, the insurance company has no incentive to make a fair offer. They can continue to "low ball" the attorney and the injury victim until the trial gets close and the case gets settled. Instead, what is important is to hire a lawyer who is willing to take cases to trial in Tennessee if a proper settlement cannot be reached. Kevin is a Nashville area and Tennessee trial lawyer who is not afraid to fight for his clients against the insurance companies or in front of a jury and offers far more value to all of his clients.

How Much Is Pedestrian Accident Case Worth?

Nashville pedestrian accident victims often ask this question of Kevin. Unfortunately, that is not an easy question to answer. Kevin understands that people want to know whether or not it is worthwhile to pursue a claim, and to know that they'd like to have some idea as to what a personal injury case in Tennessee is worth.

The reason this is so difficult to answer is because it is so incredibly case specific. To over simplify the matter, the value of a personal injury case in Tennessee is based upon what a Tennessee jury would say the burn accident victim is entitled to. There are no exact formulas.

Under Tennessee law, a victim is entitled to be compensated for all damages that they suffered as a result of the negligence of the other party. This includes wage loss, medical bills, future wage loss, future medical bills, pain, suffering, anxiety, loss of enjoyment of life, inability to do activities of daily living, and every other aspect of the victim's life that was affected because somebody else was negligent.

Trying to determine the exact value of a case becomes very dependent on what the injury hears and the distribution of responsibilities. Somebody with a serious brain injury from a pedestrian accident who is unable to return to work is entitled to far more compensation according to the law than somebody who had a small bruise.

The reality is that each case stands on its own merits as perceived by a jury. This is why it is vital to have a highly competent personal injury lawyer by your side through the whole process.

Who Pays Medical Bills After My Accident?

Kevin helps to make sure that all medical bills caused by the negligence of another party are paid. It is the responsibility of the negligent party to pay for the medical bills that are necessitated by the injuries that are caused from the pedestrian accident. Of course, the person who was injured in the accident has the right to receive the medical care they need in order to get better and has the right to pursue medical bill repayment from the person who caused the accident.

However, making sure that everybody is properly paid and that all the insurance contracts and laws are followed can be very complicated. That is why hiring a top Nashville accident lawyer can be so important for somebody who is trying to make sure they get the best possible medical care and also ensures that they are fully compensated for everything they ever suffered as a result of the negligent somebody else. We will give you an assessment as to the best way to try to work through your insurance issues to make sure that you are fully compensated, the doctors are fully compensated, and that you get all of the medical treatment you need.

You Need An Attorney Who Knows Tennessee Personal Injury Cases related to Pedestrian Accidents

Do Not Sign Any Insurance Release Claim Without a Legal Review

If you have already signed a release, all is not lost!  We can and have successfully handled cases and had such releases nullified when it has been in our clients' interests. Release forms are not written to protect you - they are written to protect the insurance company and, when their clients are at fault, they are written to protect them. Call us and let us review your case and any release form before you sign it. Kevin offers free consultations to look over the facts of your case!

Your Insurance Agent Does Not Really Work For You!

You may be good friends with your insurance agent, we are with ours, but unlike attorneys who do have legal (fiduciary) responsibilities to their clients, most insurance agents are employees of their respective companies and they keep their employers' interests in mind for all cases. We do believe that the vast majority of insurance agents act with integrity but in Personal Injury circumstances you really do want your legal advocate to protect all of your interests.

Claims Are Not Limited To Insurance Coverage

Even though the party that injured you may have insurance there are many cases where the injuries and long term impacts go beyond their insurance coverage. There may also be second and third parties involved who share the legal and financial responsibilities. As your advocate Kevin investigates all avenues in getting you as much compensation for your personal injury as possible. Kevin has the knowledge and the resources to get you the compensation that you deserve.

Reasonable Expectations: 

If your pedestrian accident resulted from the negligence of another party, you should rightfully expect quality care, covering all of your injury related expenses, compensation for property loss or damage, and possibly entitled to compensation including monetary damages for pain and suffering, lost wages, loss of enjoyment of life and loss of earning capacity. These are reasonable expectations but all too often you end up having to fight individuals & insurance companies for your rightful compensation! You don't have to settle for what the Insurance Company proposes.

You may need a fighter by your side!

You may need a fighter by your side! Just when you are at your weakest you may have to fight! Insurance companies are notorious for denying claims, stalling appeals, and denying rightful or quality care and services. The insurance company's goal is to save money - not to assure you your rightful care and compensation. There are thousands and thousands of cases where, with the right lawyer representing amputations cases, that the insurance companies have their denials of services and claims denied by a Judge. The injured parties can win if they have the right attorney taking on the fight for them - not a firm that is distracted by other practices and is willing to settle for less!

At the Nashville Tennessee Personal Injury Law Firm of Kevin A. Moore, you can be assured that our Personal Injury legal team will listen to you with compassion and understanding. Attorney Kevin More is well qualified to have your medical records evaluated, communicate with your doctors and therapists and encourage you to follow the prescribed recommended therapies to make sure that you are getting everything you are entitled to under Tennessee PI law. If you are not getting what you are entitled to, Kevin is ready to fight the insurance companies for you at Mediations and, if necessary, at trial. With Kevin Moore as your attorney, you will have the best Nashville Tennessee PI lawyer in the State representing you!

Kevin Moore's Experience: 

Kevin Moore has been aggressively practicing law and guiding and protecting his clients' interests since 1992. Kevin and his Firm have handled over 4,500 Personal Injury cases and a significant number of cases involving pedestrian accidents. No Nashville Tennessee attorney will do a better job in seeing that you get justice and compensation for your loss and injuries. Call us or contact us now. Our consultations are always free and you never pay a fee unless we win your case. In Nashville or State Wide the Nashville Tennessee PI Law Firm of Kevin A. Moore will be on your side and by your side.

We Are Here To Serve You, Not Ourselves

Our main marketing tool is taking care of the clients we have. We know that when we do a good job for you that the word will go out and our business will grow. Our culture revolves around client services. Our primary focus is to do excellent work for each and every client; to go all out and win the case. Building solid relationships with our clients and producing great results will translate into referrals helping our business grow.