Pedestrian Accidents Outside of Crosswalks: Know Your Rights

As a pedestrian, navigating the streets of Nashville can be terrifying. You are sharing the roads with tourists, drivers who may be unfamiliar with the area, and rideshare drivers always trying to beat the arrival time on their GPS. While any pedestrian accident can be frightening, it is especially alarming for pedestrians if they are hit outside a crosswalk. Will insurance still cover you? Does jaywalking mean you cannot pursue compensation?

That is where the team at Rocky McElhaney Law Firm: Car Accident & Injury Lawyers steps in to help. A lot of factors go into a pedestrian accident claim, and we are committed to helping you fight for fair and full compensation. Call us to schedule a consultation now.

Can you recover compensation if you were hit outside a crosswalk?

Yes, you may still be able to recover compensation in Tennessee after being hit outside a crosswalk. Not being in a marked crosswalk does not automatically make you liable for an accident or excuse a driver’s negligence.

Tennessee law does require pedestrians who are crossing outside a marked crosswalk to yield right-of-way to cars on the road. You are typically only safe to cross when there is no oncoming traffic.

However, drivers can still be responsible for these collisions. If a driver is speeding, distracted, impaired, or otherwise driving unsafely, they may be responsible. It does not just come down to whether or not the pedestrian was in a crosswalk; it also comes down to whether the driver could have avoided the crash by using reasonable care.

Tennessee crosswalk laws

One issue you may come across is an insurance company’s tendency to consider every crossing without painted lines “outside a crosswalk.” However, a crosswalk does not have to be marked with painted lines to be considered a crosswalk. These are definitely the most recognizable crosswalks; they have painted lines, ladder markings, or other visible paint patterns showing where pedestrians are permitted to cross.

However, unmarked crosswalks may exist at intersections. In these crosswalks, pedestrians may still have the right-of-way. Unfortunately, drivers do not always know this, which may cause them to drive more carelessly than they would around a marked crosswalk.

Midblock crossings are road crossings that occur outside marked and unmarked crosswalks. When someone crosses between intersections, they typically have to yield to vehicles on the road.

What does Tennessee law say about crossing outside a crosswalk?

Tennessee law requires pedestrians to fulfill certain obligations when navigating roads. If a pedestrian crosses outside a marked or unmarked crosswalk, they are generally required to yield to vehicles.

There is an important distinction to be made here. The fact that a pedestrian should yield right-of-way to vehicles already on the road does not mean that drivers have free rein to hit pedestrians who cross in front of them. A pedestrian may share some fault for crossing outside a legally recognized crosswalk, but that does not mean they are automatically responsible for the collision.

Consider this example. A pedestrian crosses the street midblock, even though a car is approaching from the left. There is no question that they should not have crossed while there was an oncoming car. But imagine the driver had more than enough time to come to a stop and avoid hitting the pedestrian—but they did not. Because they were looking down at their phone, under the influence of drugs or alcohol, or irritated at the pedestrian for crossing, they did not stop. That failure to stop could make them responsible.

Note, though, that Tennessee law specifically prohibits stepping from a curb into the path of a vehicle when the vehicle is so close that it is impossible for the driver to yield.

Drivers’ duty to avoid hitting pedestrians

Tennessee drivers are expected to use reasonable care to avoid hitting pedestrians. They are still responsible for doing so even if a pedestrian is outside a crosswalk. Drivers may be considered negligent if they speed through an area with heavy foot traffic, use their phone while driving, drive while impaired, do not use their headlights at night, or pass a vehicle that has stopped for a pedestrian.

This is especially relevant in Nashville, as areas around Broadway, East Nashville, and Midtown are known for lots of pedestrian traffic. Drivers should be alert and aware in these areas, even when pedestrians are not using crosswalks as they should.

Comparative fault in accidents outside crosswalks

Tennessee uses a modified comparative fault system when allocating responsibility for accidents. If someone is injured in an accident that they are partially responsible for, they may still recover compensation—as long as they are less than 50% at fault. In those cases, their compensation is reduced proportionately to their share of blame.

If they are 50% or more at fault, they may be barred from recovering compensation. This can significantly change how much you recover (or if you recover at all) in an accident outside a crosswalk. Insurance companies may aggressively attempt to shift blame onto you, knowing that hitting the 50% threshold means they do not have to pay you anything. Even if they cannot reach 50%, every bit of blame they do not accept means less that they have to pay out.

This is why it is so important to work with a pedestrian accident attorney who understands the nuances of accidents that occur outside crosswalks, as well as how common unmarked crosswalks are in Tennessee. An insurance company may claim that a collision happened “outside a crosswalk,” even though it actually occurred at an unmarked crosswalk where the pedestrian was legally permitted to cross.

Protect your legal rights with Rocky McElhaney Law Firm: Car Accident & Injury Lawyers

If you have suffered injuries in a pedestrian accident, having the right legal team matters. We are ready to investigate your collision, learn more about your injuries, and advocate for you in negotiations and in the courtroom. Contact us online or call us now.