After a pedestrian accident in Memphis, get medical care immediately, make sure police document the crash, and collect the driver’s information and any witness contacts. Then report the crash to your own auto insurer, even though you were on foot. In Tennessee, you may be able to recover from the driver’s insurance, your own uninsured motorist coverage, or both, but most claims must be filed within one year.
Pedestrian crashes are a serious problem in Memphis. A study of federal crash data from 2019 to 2023 found Memphis had the highest pedestrian fatality rate of the 50 largest U.S. cities, with 293 pedestrian deaths in that period. Here is what to do if you or someone you love is hit.
Why are pedestrian accidents so common in Memphis?
Many Memphis pedestrian deaths happen on wide, multi-lane roads such as Poplar Avenue, Union Avenue, Lamar Avenue, and Winchester Road. These corridors carry fast traffic, have long distances between crosswalks, and are often poorly lit at night.
Common causes of pedestrian crashes include:
- Speeding on wide arterial roads
- Distracted driving, especially phone use
- Drivers failing to yield at crosswalks and intersections
- Poor lighting and low visibility after dark
- Drunk or impaired driving
- Hit-and-run drivers who leave the scene
Early darkness in fall and winter raises the risk further, because more people are walking near traffic during the evening commute.
What should you do right after being hit by a car?
- Call 911. Ask for both police and an ambulance, even if you think your injuries are minor.
- Get medical care. Pedestrian injuries such as head trauma, internal injuries, and fractures are not always obvious right away.
- Get the driver’s information. Collect their name, phone number, license plate, and insurance details.
- Find witnesses. Ask bystanders for their names and phone numbers before they leave.
- Take photos. Capture the scene, the vehicle, traffic signals, crosswalk markings, lighting, and your injuries.
- Note nearby cameras. Businesses, buses, and traffic cameras may have footage, but it is often erased within days.
- Get the crash report number from the responding officer.
If you are too injured to do these things, a family member or lawyer can help gather evidence afterward.
Who pays for a pedestrian’s injuries in Tennessee?
Tennessee is an at-fault state, so the driver who caused the crash is generally responsible for your losses. That usually means a claim against the driver’s liability insurance.
You may also have coverage through your own auto policy, even though you were walking. Tennessee auto policies include uninsured motorist coverage unless it was rejected in writing. That coverage can help when the driver had no insurance, too little insurance, or fled the scene.
Some auto policies also include medical payments coverage, which can help with bills regardless of fault. Check your policy and your household members’ policies.
What if the driver left the scene?
Hit-and-run crashes are common in pedestrian cases. Report the crash to police right away and give them every detail you remember about the vehicle.
Even if the driver is never found, your uninsured motorist coverage may still pay for your injuries. These claims have strict notice requirements, so report to your insurer promptly.
Can I still recover if I was not in a crosswalk?
Possibly. Tennessee uses a modified comparative fault system. You can recover compensation as long as you are found less than 50% at fault, but your award is reduced by your share of the blame.
Drivers and insurers often try to blame pedestrians for crossing mid-block or wearing dark clothing. A driver who was speeding, distracted, or impaired may still carry most of the responsibility. Learn more in What Is Comparative Fault in Nashville Car Accident Cases?
What compensation can a pedestrian recover?
Injured pedestrians may be able to recover:
- Medical bills and future medical care
- Lost wages and reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Wrongful death damages for families who lost a loved one
Because pedestrians have no protection in a crash, injuries are often severe. Make sure your claim accounts for long-term care and future costs, not just the bills you have today.
How long do you have to file a pedestrian accident claim in Tennessee?
Most personal injury claims in Tennessee must be filed within one year of the crash. Claims involving a government vehicle or a dangerous road condition can have different rules and earlier notice requirements.
With a deadline that short, it is important to start your claim quickly.
Frequently asked questions
Is the driver always at fault when they hit a pedestrian?
No. Fault depends on the facts. But drivers have a duty to watch for pedestrians, and most pedestrian crashes involve driver error.
Will my car insurance cover me if I was hit while walking?
Often, yes. Your uninsured motorist or medical payments coverage may apply even though you were not in your car.
What if a pedestrian was killed?
Certain family members may bring a wrongful death claim for medical bills, funeral costs, and the loss of their loved one.
How long do I have to file in Memphis?
Most Tennessee injury claims must be filed within one year of the crash.
Talk to a Memphis pedestrian accident lawyer
Matt Hardin Law represents pedestrians and families throughout Memphis and Shelby County. We investigate the crash, find every source of insurance, and handle the insurers while you recover. There is no fee unless we win, and we can meet at our office, by Zoom, or at your hospital bedside.
Learn more about our pedestrian accident practice, or visit our Memphis office at 6256 Poplar Avenue, #125, Memphis, TN 38119. Call (901) 201-4478 for a free consultation.