Pedestrian Accident Lawyer

A person on foot has no bumper, no airbag and no seat belt. When a car hits a pedestrian, even at a low speed, the injuries are usually serious: broken legs and hips, head injuries, spine injuries. And the insurance company still tries to blame the person who got hit. “She stepped out without looking.” “He was wearing dark clothes.” “He wasn’t in the crosswalk.”

I’m Robert Bates, a Kingsport trial lawyer. I represent people hit while walking, running and crossing the street across the Tri-Cities and Northeast Tennessee, and you never have to leave home to hire me.

What Tennessee law expects of drivers

Drivers in Tennessee have to yield to pedestrians in crosswalks, and every driver has a duty to use due care to avoid hitting a pedestrian, crosswalk or not. That means slowing down, paying attention, and using the horn when it’s needed. Drivers turning at intersections and backing out of parking spaces cause a lot of these wrecks, because they are looking for cars, not people.

Where pedestrian wrecks happen here

Parking lots, gas stations and shopping centers, where drivers are watching for an open space instead of the person walking to the door. Busy commercial roads like Stone Drive, North Roan Street and West State of Franklin. Downtown crossings in Kingsport, Johnson City and Bristol. Dark rural roads where someone is walking to work or checking the mailbox.

Whose insurance pays?

• The driver’s liability insurance.
• The employer’s commercial policy, if the driver was on the job.
• Your own auto policy, even though you were on foot. Your uninsured and underinsured motorist coverage can apply if the driver had no insurance, not enough, or drove off, and medical payments coverage may help with early bills.

Hit and run

If the driver drove off, call the police right away and gather any photos, video and witness names you can. Businesses and homes nearby often have cameras that record over themselves within days, so time matters. Your own uninsured motorist coverage may pay even if the driver is never found, but Tennessee policies have reporting and proof requirements in hit-and-run cases. That is one more reason to call me quickly.

Evidence I look for

• Store, traffic and doorbell camera video
• Lighting, sight lines and where the crosswalks and sidewalks are
• The driver’s phone use and speed
• Damage to the vehicle, which shows where and how hard you were hit
• Witnesses, including other drivers and people inside nearby businesses
• Your medical records from the very first visit

Common questions

I wasn’t in a crosswalk. Do I still have a case?

Very possibly. Drivers have a duty to use care to avoid hitting a pedestrian anywhere in the road. Where you crossed may affect the amount, but it doesn’t automatically end your case.

The driver says I came out of nowhere.

They almost always do. Video, lighting, sight lines and the damage to the car usually tell a different story, and finding that evidence is my job.

How long do I have to file?

In Tennessee, most injury claims must be filed within one year. Don’t wait.

Can I hire you without leaving home?

Yes. You are always welcome to come see me at the office, but I know that can be hard, especially after a wreck. That is why most of my clients hire me without ever leaving home. You call or text, we talk it through, and you sign on your phone, even from a hospital bed. My job is to take the stress off you and make this easy, while getting you every dollar I can as quickly as I can.