Categorized | Opinion

Look Both Ways

By David PeelDavid Peel

No matter how careful people are, there are times when a pedestrian is injured because of an automobile.
Under Tennessee law, a pedestrian crossing the street in a crosswalk or with a “walk” sign has the right of way. In general, pedestrians usually have the right of way at intersections if they are in the road already. Even if an intersection does not have a marked crosswalk, the pedestrian will have the right of way in most matters.
This means that automobiles approaching intersections have a duty to watch for pedestrians who may be crossing the road. If the driver of an automobile hits a pedestrian and causes injuries to the pedestrian, the driver will likely be liable for those injuries.
Under Tennessee law, pedestrians have a duty too. They have to yield to automobiles that are driving if the pedestrian is not at an intersection. This means that a pedestrian crossing a road at a point other than an intersection needs to watch out for approaching traffic and cross only when it is safe to do so. A pedestrian who is walking at one of these points should be aware that he may not be able to recover his injuries caused if he is hit by an automobile.
If a pedestrian is hit by a hit and run driver, he or she can use their own uninsured motorists coverage for their injuries.  We have recovered significant amounts in cases like that, and they are not allowed to raise your rates for such a claim.
The area around the University of Memphis is particularly dangerous for pedestrians. Also, crosswalks that are long and difficult to cross can leave people stranded. Crosswalks sometime cross five to seven lanes of traffic.
The pedestrian is always at a disadvantage, even with the law on his side.  So, look both ways, and then look again.  It is not worth it to take a chance.
Peel seeks justice for those injured in car accidents, work place incidents, medical malpractice, and nursing homes. He often addresses churches, clubs and groups without charge. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.
— What do you think? Send Letters to the Editor to thomas.sellers@journalinc.com.

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