A car quickly approaches a crosswalk.

We Work Hard to Help Injured Pedestrians

If you were struck by a vehicle while walking, you may be facing a long road to recovery. At The McMahan Law Firm, we understand how overwhelming this time can be. Our Cleveland pedestrian accident attorneys are ready to step in, protect your rights, and pursue the compensation you deserve. You pay nothing unless we win.

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Whether you were crossing the street, walking through a parking lot, or simply standing on a sidewalk, you have legal rights if a negligent driver caused your injuries. At The McMahan Law Firm, our pedestrian accident lawyers in Cleveland, TN, are dedicated to helping victims like you get justice.

We handle everything from the investigation and gathering of evidence to negotiations with insurance companies. If necessary, we will take your case to court. With decades of experience and a strong local presence in Tennessee and Georgia, our legal team knows how to build a strong claim, and we’re here to fight for the compensation you may be entitled to for medical bills, lost wages, and pain and suffering.

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We Make It Simple

Our law firm strives to make getting help as simple as possible. One call and our team will start reviewing your claim right away. With our help, finding out your legal options has never been easier.

You Deserve Compensation

Insurance companies will always try to pay as little as possible, and they use tactics to trick claimants into accepting less. We’re here to help make sure you get every dollar you need and deserve.

No Fees Unless We Win

Because our attorneys work on contingency, you will never pay any upfront fees. In fact, you don’t pay at all unless we win compensation for you.

Pedestrian Accident Laws

Tennessee law protects pedestrians in many traffic situations while also assigning responsibilities to both drivers and pedestrians.

Drivers are required to:

  • Yield to pedestrians in marked crosswalks and at intersections.
  • Stop or slow down when a pedestrian is crossing the road legally.
  • Avoid distractions like texting or using a phone while driving.
  • Obey all traffic signs and signals.

When drivers fail to meet these obligations, whether by speeding, failing to yield, or driving while distracted, they may be considered negligent and liable for the resulting injuries.

Pedestrians are required to:

  • Obey traffic signals and cross only at designated crosswalks when possible.
  • Avoid walking into traffic suddenly or outside of crosswalks when it’s unsafe.
  • Use sidewalks when available or walk facing traffic if there are none.

Under Tennessee’s modified comparative fault rule, pedestrians can still recover compensation as long as they are less than 50% at fault. If they are found 50% or more responsible, they cannot recover damages. If found partially at fault, their compensation will be reduced by their percentage of fault.

Understanding how these laws apply to your situation can be difficult, especially when insurance companies are looking for ways to reduce their payout. That’s why having a Cleveland pedestrian accident attorney from The McMahan Law Firm can make all the difference.

Determining Liability in a TN Pedestrian Accident

When you’ve been hit by a car, one of the first steps in your claim is figuring out who is legally responsible. Tennessee follows a modified comparative fault rule, which means you can recover compensation as long as you’re less than 50% at fault for the accident. But proving liability isn’t always simple, especially when drivers, pedestrians, and even third parties like municipalities may share blame.

In many cases, the driver will be held responsible due to speeding, distracted driving, failure to yield, or other reckless behavior. However, other parties could be held responsible too, such as:

  • Vehicle manufacturers (in cases of brake failure or defective parts)
  • Employers (if the driver was working at the time)
  • Government entities (for poor road design or malfunctioning traffic signals)

Our legal team investigates every angle to identify all potentially liable parties, ensuring you don’t miss out on compensation you may deserve.

To prove liability, strong evidence is key. This may include:

  • Police accident reports
  • Surveillance or dashcam footage
  • Eyewitness testimony
  • Medical records
  • Driver phone records or toxicology reports
  • Accident reconstruction expert analysis

We gather and preserve this evidence early in the process to strengthen your claim and protect your rights.

Choosing a Pedestrian Accident Lawyer

If you’ve been hurt in a pedestrian accident, hiring the right attorney can make a major difference in the outcome of your case. Not all lawyers handle pedestrian claims, and not all have experience with Tennessee’s specific laws. That’s why it’s important to contact a pedestrian accident lawyer as soon as possible after the crash.

Acting quickly helps protect your rights, ensures vital evidence is preserved, and can prevent costly mistakes, like giving a recorded statement to the insurance company or settling for far less than your case may be worth.

When looking for the right lawyer, focus on someone who handles personal injury and pedestrian accident cases specifically, has a track record of success in Tennessee, and offers free consultations with no upfront fees. It’s also important to choose someone local to Cleveland who understands the courts and insurance landscape, and who takes the time to listen to you, respect your concerns, and explain your legal options clearly.

How The McMahan Law Firm Helps Pedestrian Accident Victims

When you’re recovering from a pedestrian accident, you shouldn’t have to take on the legal system alone. At The McMahan Law Firm, we handle every part of the process so you can focus on healing.

Here’s how we help:

  • Thorough Investigation: We gather police reports, witness statements, traffic camera footage, and other key evidence to build a strong case for liability.
  • Aggressive Negotiation: Our team handles all communication with insurance companies and pushes back on lowball offers to fight for the full compensation you may deserve.
  • Litigation Support: If the insurance company won’t offer a fair settlement, we’re fully prepared to take your case to court and present a compelling argument to the jury.
  • Clear Legal Guidance: We explain your rights and legal options in plain language, so you always know where your case stands and what to expect.
  • Accurate Damage Calculations: We evaluate every aspect of your losses, including medical bills, lost income, future care needs, and pain and suffering, to pursue the maximum possible compensation.
  • Protection of Your Rights: Insurance companies often try to shift blame or pressure victims into settling quickly. We protect you from these tactics and make sure your best interests are prioritized.
  • Deadline Management: Tennessee has a strict 1-year statute of limitations for personal injury claims. We make sure your claim is filed on time so you don’t lose your chance to recover compensation.

From the moment you call us, you’ll have a dedicated team on your side, ready to fight for justice on your behalf.

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Did You Suffer Any of These Serious Injuries?

Pedestrians are especially vulnerable in accidents with motor vehicles, and even a low-speed impact can lead to life-altering harm. If you’ve experienced any of the following injuries, you may be entitled to compensation:

  • Broken bones or fractures
  • Traumatic brain injuries (TBI)
  • Spinal cord injuries or paralysis
  • Internal bleeding or organ damage
  • Lacerations, bruises, or road rash
  • Torn ligaments or soft tissue damage
  • Psychological trauma, such as PTSD or anxiety

These injuries often require extensive medical treatment, physical therapy, and time off work. At The McMahan Law Firm, we take the full extent of your injuries into account when building your case, so nothing gets overlooked.

How Much Could a Pedestrian Accident Claim Be Worth?

While every case is different, your claim may include compensation for:

  • Medical bills (past and future): This includes emergency care, hospital stays, surgeries, physical therapy, and any ongoing or future medical treatment related to the accident.
  • Lost wages and reduced earning capacity: If your injuries prevent you from working now or limit your ability to earn in the future, you may recover those financial losses.
  • Pain and suffering: This refers to the physical pain and discomfort you experienced due to the accident and injuries.
  • Emotional distress: You may be compensated for the psychological impact of the accident, such as anxiety, depression, or PTSD.
  • Permanent disability or disfigurement: Long-term or lifelong impairments that affect your mobility, appearance, or quality of life can increase the value of your claim.
  • Out-of-pocket expenses related to your recovery: This covers costs like transportation to medical appointments, home modifications, medical equipment, and prescription medications.

In rare cases, punitive damages may also be awarded if the at-fault driver’s actions were especially reckless, such as driving under the influence.

The best way to estimate the value of your claim is to speak with a professional, knowledgeable pedestrian accident attorney. We’ll evaluate your case for free and help you understand what you may be entitled to under Tennessee law.

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Our Results Speak For Themselves!

Motorcycle Accident

$1,250,000.00

Motorcycle Accident

$1,000,000.00

Brain Injury

$950,000.00

Truck Accident

$850,000.00

Motorcycle Accident

$800,000.00

Truck Accident

$500,000.00

Motorcycle Accident

$500,000.00

Car Accident

$230,000.00

Workers’ Comp

$225,000.00

Truck Accident

$200,000.00

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Choose Board Certified – Not Billboard

Just because it’s on a billboard doesn’t mean it’s the best option. Lawyers who shell out all that money for billboard ads are all talk and no substance. You and your family deserve the legal aid only a board-certified attorney can give you. Attorneys Jay, Brent, and Herbert at The McMahan Law Firm are Board Certified Civil Trial Specialists by the National Board of Trial Advocacy. We have the knowledge and experience you can trust to help you seek maximum compensation for your losses.

Causes of Pedestrian Accidents in TN

Similar to the causes of car accidents, many pedestrian incidents are preventable and stem from driver negligence, environmental factors, or a combination of both. Common causes include:

  • Distracted Driving: Texting, using a GPS, or eating behind the wheel can cause drivers to miss pedestrians entirely.
  • Failure to Yield: Drivers who don’t stop for pedestrians at crosswalks or intersections often cause severe injuries.
  • Speeding: Higher speeds reduce a driver’s ability to stop in time and increase the force of impact in a collision.
  • Drunk or Otherwise Intoxicated Driving: Impaired drivers are less likely to notice pedestrians or react appropriately to avoid a crash.
  • Poor Visibility: Accidents are more common at night, during heavy rain, or in areas with inadequate street lighting.
  • Improper Backing: Drivers failing to check blind spots when backing out of driveways or parking lots can strike pedestrians unexpectedly.
  • Left-Hand Turns: Drivers making left-hand turns at intersections often focus on oncoming traffic and fail to see pedestrians crossing legally.

No matter the cause, if a driver’s negligence led to your injuries, you may have the right to seek compensation. Our team at The McMahan Law Firm is here to investigate what happened and fight for you.

FAQs

The timeline for settling a pedestrian accident claim can vary depending on the complexity of the case. Some claims resolve in a few months, while others, especially those involving serious injuries or disputes over liability, can take a year or more.

The process typically includes an investigation, medical treatment and documentation, negotiation with the insurance company, and possibly litigation if a fair settlement can’t be reached.

At The McMahan Law Firm, we move quickly to build a strong case and pursue the compensation you may deserve without unnecessary delays.

Yes, most Tennessee auto insurance policies cover pedestrian accidents under the driver’s bodily injury liability coverage.

If the driver who hit you has insurance, their policy should pay for your medical bills, lost wages, and other damages, up to the policy limits. If they don’t have enough coverage or if they deny fault, our team can step in to protect your rights and explore other avenues for compensation.

If the driver who hit you doesn’t have insurance, you may still have options. If you carry uninsured motorist (UM) coverage on your auto policy, you can file a claim through that policy.

This type of coverage is designed to protect victims in exactly these situations. We can help you review your policy, file a claim, and deal with your insurance company to seek the compensation you may be owed.

Hit by a Car While Walking? Call The McMahan Law Firm Today!

You don’t have to face the aftermath of a pedestrian accident alone. Whether you were hit in a crosswalk, parking lot, or roadside shoulder, The McMahan Law Firm is here to help you take the next step. We know the tactics insurance companies use to deny or devalue claims, and we know how to fight back.

Our experienced attorneys in Cleveland, TN, are ready to investigate your case, gather the evidence needed to prove fault, and pursue the compensation you may be entitled to for your injuries, lost income, and pain and suffering. There’s no fee unless we win, and your consultation is completely free.

What Our Clients Are Saying About Us

5 Star Reviews

I feel that the McMahan Law Firm put me first. I’m very satisfied with the results that I received from them, and I would recommend them to anyone. I thank you very much.

-B.C.
5 Star Reviews

Very impressed and thankful for the manner in which you do business… most certainly for the people… from greeting [me] at the door throughout all business handled. Please never fail to keep up the good work. Thanks again.

-L.P.
5 Star Reviews

I want to thank each and every one involved in my case. I have no doubt I would not have succeeded on my own. I’m glad I listened to my sister advising me to use an attorney. The McMahan Law Firm is tops. Thanks again.

-S.C.
5 Star Reviews

I just wanted to thank you for the all the hard work that the McMahan Law Firm has done for me. I appreciate your patience and determination, and of course your super skills in the courtroom. This has been life changing for me and my family, God bless all of you!! Thanks again and take care.

-W.J.
5 Star Reviews

Guys listen! My Attorneys Jill Crouch and Brent who run the place are the most proficient accident attorneys I've ever witnessed! No lie, I got awarded an amount bigger than a yearly salary from an 18 wheeler accident settlement through them!! (If you know, you know!) I get paid sometime this month! It took less than a year to settle and the ONLY reason it took that long was because the treatment was extensive and needed months to complete. If you're EVER in an accident in the state of Tennessee, MCMAHAN LAW FIRM NEEDS TO BE YOUR FIRST CALL AFTER THE AMBULANCE!!! THIS GROUP OF ATTORNEYS ARE CHANGING, SAVING AND REVIVING LIVES!! TRUE STORY!

-P.T.
5 Star Reviews

Brent was always honest, thoughtful and understanding. We are grateful for the time you spent on us.

-R.D.
5 Star Reviews

Jay [is] a very good lawyer, and he was also concerned about my well-being. Janice was always there to answer any questions that we had.

-T.G.
5 Star Reviews

Your team makes the clients feel like their case is important no matter how small the case may be or how small the benefits may be.

-R.M.
5 Star Reviews

Julie Gee did an outstanding job for me and I greatly appreciate it. I would recommend her and the law firm to anyone. Thanks for everything.

-B.K.
5 Star Reviews

I want to thank you again for representing me. The McMahan Law Firm is not only a good law firm; [the staff and lawyers] are good people as well. I would recommend you to a friend or enemy. Thank you again.

-G.W.

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