Crossing the street shouldn’t cost you your health, but careless Memphis drivers put pedestrians at risk every day. Mama Justice fights for full compensation. Call today, free consultation!
If you were hit by a car while walking in Memphis, Tennessee, you generally have one year to file a pedestrian accident claim under Tennessee law. A Memphis pedestrian accident lawyer at Mama Justice can investigate fault, handle the insurance company, and pursue compensation for medical bills, lost wages, and pain and suffering. Call 24/7 for a free consultation.
Written by the Mama Justice legal team. Legally reviewed by Missy Wigginton, Founding Attorney (also known as Mama Justice).
Last reviewed: October 2, 2026
Have you been injured in a pedestrian accident? Call the Memphis pedestrian accident lawyers at Mama Justice today for a free consultation.
Walking should be safe, but too many Memphis families learn the hard way that it is not. According to the National Highway Traffic Safety Administration (NHTSA), 7,080 pedestrians were killed in traffic crashes across the United States in 2024, about 18 percent of all traffic deaths. NHTSA also reports that 76 percent of those deaths happened in the dark. Closer to home, the Tennessee Department of Safety and Homeland Security’s pedestrian crash statistics for 2020 to 2024 show that 165 pedestrians were killed on Tennessee roads in 2024, that Shelby County had more pedestrian crashes than any other county in the state (2,237 over those five years), and that pedestrian crashes happened most often between 6 and 9 p.m.
Whatever the hour, if you are near a road, one driver’s mistake can change your life in a second.
Pedestrian accident involves several financial and emotional challenges. Thus, pedestrian accident victims deserve an experienced and caring lawyer on their side to win their recover damages. Pedestrian injuries are a serious concern for everyone, but they also present unique challenges for accident victims. If you or someone you love has been injured or killed in a pedestrian-related accident, you should speak to our Memphis pedestrian accident lawyer at Mama Justice. With a pedestrian accident lawyer from Mama Justice at your side, you can count on getting a fair settlement for any injury you suffered in a pedestrian accident.
What Causes Pedestrian Accidents in Memphis?
Pedestrians are the biggest victims of traffic accidents, accounting for almost half of all road-related deaths. Some common causes of Memphis pedestrian accidents include:
Distracted Drivers: Distracted driving has led to several pedestrian accidents as drivers are more likely to cause an accident if they are distracted, usually by texting and driving. Drivers texting or talking on a cell phone not only put pedestrians at risk but also other drivers. Pedestrians and drivers alike both face the risk of catastrophic injuries from distracted pedestrians and distracted drivers. Whether it’s the pedestrian playing with his phone or the driver checking his messages, both are taking their eyes off the road. People walking down the street should be sure to pay attention to traffic as closely as they do their phones, and drivers should never text or talk on their phones while driving.
Intoxicated drivers: Several pedestrian accidents occur because of drunk driving. Drivers who are intoxicated while they operate motor vehicles may be dangerous to everyone on the road, especially pedestrians. When people are drunk or high, they put the lives of others at risk. In places with heavy pedestrian traffic, drunk and impaired drivers pose a particular threat because their thought processes are distracted, and they lack good sense. Impairment changes a driver’s ability to think clearly, which can cause them to make dangerous driving decisions that could endanger others. Pedestrians caught in crosswalks late at night need to be wary of distracted drivers, who pose one of the most severe risks to people walking home after dark, to avoid being killed because of someone else’s negligence.
Reckless Driving: Recklessness by drivers can be considered one of the primary causes of pedestrian accidents. A driver who does not look for pedestrians or obeys traffic signals at crosswalks can be a danger to pedestrians.
Bad Weather: Rain and snow can make roads slippery, and pedestrians must be extra careful when crossing the street in poor visibility conditions. When pedestrians walk on a slippery road, they can become more exposed to the dangers of being hit by oncoming cars.
Road Construction: Roads can be dangerous places to walk when they are under construction. Pedestrians in major walking areas may not know that the streets are blocked off, making them vulnerable to cars. Without proper signage, pedestrians could be hurt or killed by passing cars. Road construction can force pedestrians to walk in areas where drivers do not expect them to be, such as the middle of streets. This can lead to pedestrian accidents and result in substantial damages to vehicles and property.
A pedestrian accident attorney can help you understand your legal rights, determine the exact cause of your crash, and pursue compensation. Before pursuing a claim, it’s important to speak with an experienced attorney. You should schedule a free consultation with our Memphis personal injury attorneys at Mama Justice to discuss your full legal options. If a distracted or careless driver hit you, learn more about Memphis car accident claims. If a drunk driver hit you, see how our Memphis drunk driving accident lawyers can help.
What Traffic Laws Protect Pedestrians in Tennessee?
Tennessee law protects pedestrians, and it also puts duties on people on foot. According to the Tennessee Department of Transportation’s summary of Tennessee pedestrian laws, drivers must exercise due care to avoid colliding with any pedestrian on a roadway, and must yield the right of way to pedestrians in marked crosswalks. Drivers must also yield to pedestrians when coming out of an alley or driveway.
Pedestrians have duties too. Tennessee generally allows a person to cross at any location unless a local ordinance or nearby signalized intersections say otherwise, but a pedestrian crossing outside a marked or unmarked crosswalk must yield to vehicles on the road. Pedestrians are also expected to use the sidewalk when one is available and not blocked.
These rules matter because insurance companies use them to try to put the blame on the person on foot. If you were hit, do not assume you have no claim. A driver still has a duty to pay attention and drive safely. Where you were walking, what the driver was doing, and what the evidence shows can all change the outcome. Every case turns on its own facts.
What If I Was Partly at Fault for My Memphis Pedestrian Accident?
This is the question insurance companies love to ask. Tennessee follows a rule called modified comparative fault, set out in McIntyre v. Balentine. If you are found less than 50 percent at fault, you can generally still recover compensation, but it is reduced by your share of the blame. If you are found 50 percent or more at fault, you are generally barred from recovering.
That is why adjusters often say a pedestrian stepped out too fast, crossed away from a crosswalk, looked at a phone, or was hard to see in dark clothes. Some of that may be said to push your share of blame toward the 50 percent line. Drivers always have their own duty of care toward people on foot, and being partly at fault does not mean you have no case.
Do not argue about fault with the insurance company, and do not guess. Call us before you give a statement, and we will review the evidence and tell you plainly where you stand.
What are the Most Common Pedestrian Injuries in Memphis?
Pedestrians are vulnerable to accidents caused by negligent drivers. By being aware of the injuries that can result from accidents and staying safe, pedestrians can be protected from accidents.
Some of the typical pedestrian accident injuries we see in Memphis include:
Soft Tissue Injuries
Dozens of soft tissue injuries can occur because of pedestrian accidents. Bruises, lacerations, tears, dislocations, and sprains are all types of soft tissue injuries that can keep victims from engaging in everyday activities. This type of accident can result in several different injuries, including contusions and strains. Soft tissue injuries tend to cause more pain and discomfort than other pedestrian injury accidents. According to recent studies, soft tissue injuries can result in long-term issues. Therefore, it is always essential for people injured in a pedestrian accident to seek medical attention to avoid long-term problems.
Traumatic Brain Injuries
Pedestrian accidents can lead to life-changing injuries such as traumatic brain injuries, and unfortunately, traumatic brain injuries are common in these types of collisions. A traumatic brain injury, or TBI, can take many forms, from mild concussions to severe head or spinal injuries. Traumatic brain injuries are caused by trauma from outside the skull, usually in the form of a violent blow to the head or body. These traumas often occur in motor vehicle accidents, accounting for about 60% of all TBIs. While some traumatic brain injuries can have minor symptoms, others can have severe long-term medical consequences. The effects of such injuries aren’t always visible but can lead to long-term health complications for the victim.
Spinal Injuries
In pedestrian accidents, thousands of people sustain serious injuries like spinal cord injuries every year. Like any major injury, a spinal cord injury can be caused by force or trauma. Unlike a fractured bone or dislocated joint, spinal cord damage can have devastating effects. This type of injury is severe and can result in paralysis or death. People who do survive these types of injuries typically require long-term care and rehabilitation.
Fracture
A bone fracture is an injury that occurs when the physical force exerted on a bone is stronger than the bone itself. Bone fractures are common in pedestrian accidents and can lead to permanent injuries. With proper treatment, victims can return to their everyday lives. However, if left untreated, some bone fracture injuries can lead to lifelong pain and medical problems that may interfere with your well-being and quality of life.
Emotional Trauma
Even if physical injuries do not occur, being struck by a vehicle is a traumatic experience. Individuals struck while walking may suffer permanent emotional trauma and have difficulty coping with the aftermath. Many people who have been involved in pedestrian accidents may suffer from post-traumatic stress disorder or other forms of emotional trauma. They need the help of professionals to get back on their feet.
Other severe injuries that pedestrians suffer in accidents include:
Broken bones
Tendon and ligament damage
Internal organ damage
Head and neck injuries
Amputation
What Should I Do After Being Hit as a Pedestrian in Memphis?
A pedestrian crash is frightening, and you may be hurt worse than you know. Here is what to do, step by step:
Call 911 and get medical help. Do not try to walk it off. Some injuries, like concussions and internal bleeding, do not show right away.
Stay at the scene if you can do so safely, and wait for the police. Ask for the report number.
Get the driver’s information. Write down the driver’s name, license plate, and insurance details. If the driver left, tell the police everything you remember about the vehicle.
Take photos and video. Capture the vehicle, the road, the crosswalk or lack of one, signs and signals, lighting, and your injuries.
Find witnesses. Ask for names and phone numbers before they leave.
Do not apologize or guess about fault. Stick to the facts you know.
Be careful with insurance adjusters. You do not have to give a recorded statement to the driver’s insurance company. Talk with a lawyer first.
Call Mama Justice. We are here 24/7, and the first call is free.
What If the Driver Left the Scene or Has No Insurance?
It happens, and you may still have options. Tennessee requires auto liability policies to include uninsured motorist coverage unless the named insured rejects it in writing (Tenn. Code § 56-7-1201). Depending on your own policy and the facts, that coverage may be able to help if the driver who hit you cannot be found or does not have enough insurance.
The details of your policy matter, and insurance companies are quick to point to the fine print. Bring us your policy and the details of the crash, and we will go through it with you. If you can, tell the police as much as you remember about the car and the driver right away.
What Compensation Can I Get After a Memphis Pedestrian Accident?
The number of pedestrian accidents in Memphis has been rising in recent years. Memphis is a bustling city with many pedestrians on the sidewalks and roads. Unfortunately, this means that there are also more opportunities for accidents to happen. Whether you were hit by a car while walking in a crosswalk or crossing the street, our Memphis pedestrian accident lawyers can help get you to recover compensation. Some of the potential compensation available to Memphis pedestrian accident victims include:
Medical expenses
Medical expenses are one of the many types of compensation available to people involved in pedestrian accidents in Memphis. If you’ve been involved in a pedestrian accident, you may be able to recover the cost of your medical bills, both current and future. You may also be able to recover other expenses related to your accident, such as lost income and pain and suffering. An experienced personal injury lawyer can help you understand the various compensation types available to you and fight for the total amount you deserve.
Lost wages
When a pedestrian is hit by a car, they may be out of work for an extended period. This can result in lost wages and can be a significant financial burden. Fortunately, there are compensation programs available to help cover these costs. If you or someone you know has been involved in a pedestrian crash, contact an experienced pedestrian accident lawyer to file a personal injury claim.
Pain and suffering
If you’ve been involved in a pedestrian accident in Memphis, you may be entitled to compensation for your pain and suffering. In many cases, your insurance company may try to lowball you by offering settlements that are far below what you’re owed. If you find yourself in this situation, it’s vital to seek out the services of an experienced personal injury attorney that has handled several pedestrian accident cases and can help you fight for the maximum compensation you deserve
Punitive damages
Punitive damages may be available to pedestrian crash victims in Memphis. This type of damage is designed to punish the at-fault party for their negligence. Gross negligence is defined as a wanton or reckless disregard for human life. To recover punitive damages, the pedestrian must prove that the at-fault party acted with gross negligence. If you have been involved in a pedestrian accident, you should speak with an experienced personal injury attorney to discuss your legal options.
How Much Is My Memphis Pedestrian Accident Case Worth?
No one can honestly promise you a number on day one. Pedestrians often suffer serious injuries, and what a case is worth depends on the facts. The biggest factors are how serious your injuries are, your medical bills now and in the future, your lost income and earning power, how fault is divided, and the insurance available. Because Tennessee reduces your compensation by your share of fault, and bars it at 50 percent or more, how fault is decided matters a great deal. If your injuries changed your life, read about our Memphis serious injury and catastrophic accident lawyers.
Tennessee also limits certain kinds of damages in some cases, so it is worth talking with an attorney about how those rules may apply to you.
Every case is different. Past results do not guarantee future outcomes, and the case results shown on this page are not a promise of what we can do for you. What we can do is look at your facts, build your case, and fight for the full compensation the law allows.
What Makes Pedestrian Accidents in Memphis Hard to Prove?
People in Memphis walk to work, to school, to the bus stop, and to the corner store, often along wide, busy roads like Poplar Avenue, Summer Avenue, Lamar Avenue, and Union Avenue. Crashes can happen at crosswalks, in parking lots, at intersections, and on roads with no sidewalk at all. Poor lighting after dark can make it hard to say who could see what.
That is why early evidence matters. We look for traffic and business cameras, signal timing, lighting conditions, the driver’s phone records, and witnesses. If your case goes to court, it may be filed in Shelby County Circuit Court. If you were treated at Regional One Health or another Memphis-area hospital, we can help you get the records your claim needs.
How Long Does a Memphis Pedestrian Accident Case Take?
There is no set timeline. Some claims settle in a matter of months. Others take much longer, especially when injuries are serious, fault is disputed, or the case goes to trial.
We usually wait until you reach a clear point in your medical recovery before settling, so you do not accept a deal that leaves you paying for care out of pocket later. We will keep you updated along the way.
How Long Do I Have to File a Pedestrian Accident Claim in Memphis, Tennessee?
The statute of limitations is a deadline by which you must file a lawsuit, or your claim will be forever barred. In Tennessee, the statute of limitations for filing a claim for injuries sustained in a pedestrian accident is one year, meaning that you must commence a lawsuit within one year of the accident to comply with the law. In general, Tennessee law dictates that personal injury and wrongful death claims involving car crashes must be filed within one year of the date of the accident. This time limit can be extended under certain circumstances, however.
In some cases, the pedestrian accident statute of limitations may be tolled (or paused) for equitable reasons. For instance, the statute of limitations may be broken if the driver flees after the accident or if they are involved in some other activity intended to conceal their liability. In these cases, a court might stop the statute of limitations from running so that the pedestrian can receive compensation for medical bills and other related damages.
Regardless of the cause, any injured party can seek compensation for medical bills and lost wages. If you are considering filing a lawsuit against a party in your state, there is a deadline that you must follow. If you do not file the suit before the statute of limitations expires, you will be barred from ever bringing a claim. You only have a certain amount of time to go to court and seek compensation for your car accident injury claim. If you wait and don’t reach out to a lawyer immediately, you might miss out on the possibility of attaining financial restitution. That is why we urge you to call our experienced pedestrian accident lawyers as soon as possible and discuss your situation and legal options.
In Tennessee, you generally have one year from the date you were hit to file a lawsuit (Tenn. Code § 28-3-104). That is one of the shortest deadlines in the country. If you wait too long, a court can refuse to hear your case, no matter how serious your injuries were.
One year can disappear fast when you are in the hospital, out of work, and trying to heal. Traffic and business cameras can erase footage in days or weeks, and witnesses forget. The sooner you call, the more we can protect.
If a loved one was killed, or if a city, county, or other government body may share responsibility, other rules and deadlines may apply. Deadlines vary by claim type, so confirm yours with a Memphis pedestrian accident attorney as soon as you can.
Memphis Pedestrian Accident FAQ
How long do I have to file a pedestrian accident lawsuit in Memphis, Tennessee?
In Tennessee, you generally have one year from the date of the accident to file a lawsuit (Tenn. Code § 28-3-104). Deadlines vary by claim type, so confirm yours with a Memphis pedestrian accident attorney as soon as possible.
Do drivers have to yield to pedestrians in Tennessee?
Drivers must yield the right of way to pedestrians in marked crosswalks, must yield when coming out of an alley or driveway, and must exercise due care to avoid colliding with a pedestrian. Pedestrians have duties too, so the facts of each crash matter.
What if I was partly at fault for being hit as a pedestrian?
Tennessee follows modified comparative fault. You can generally still recover compensation if you are found less than 50 percent at fault, but your compensation is reduced by your share of fault. If you are found 50 percent or more at fault, you are generally barred from recovering. Every case is different, so talk with an attorney before you discuss fault with an insurance company.
What if I was crossing outside a crosswalk?
A pedestrian crossing outside a marked or unmarked crosswalk generally must yield to vehicles on the road. Drivers still must use due care, so you may still have a claim. Have an attorney review your situation.
What if the driver left the scene or had no insurance?
You may be able to use your own uninsured motorist coverage, which Tennessee requires auto liability policies to include unless the named insured rejects it in writing (Tenn. Code § 56-7-1201). The details of your policy matter, so have an attorney review it.
What compensation can I seek after a Memphis pedestrian accident?
Depending on your case, you may be able to seek compensation for medical expenses, lost wages, loss of earning capacity, pain and suffering, and other losses. Tennessee limits some damages in some cases, so what applies to you depends on the facts of your claim.
What should I do right after I am hit as a pedestrian?
Call 911, get medical care, stay at the scene if you can do so safely, get the driver’s information, take photos, find witnesses, and avoid giving a recorded statement to an insurance company before you talk with a lawyer.
How long does a Memphis pedestrian accident case take?
It depends. Some claims settle in months, while others take much longer if injuries are serious or fault is disputed. We usually wait until you reach a clear point in your medical recovery before settling.
How much does a Memphis pedestrian accident lawyer cost?
Mama Justice handles pedestrian accident cases on a contingency fee basis, which means you pay no attorney fee unless we win. Your first consultation is free.
Contact a Memphis Pedestrian Accident Lawyer Today
Memphis’ pedestrian accident law allows one year for a personal injury suit. A pedestrian accident can involve a great deal of physical and mental stress. However, pursuing legal action may help you breathe easier by taking some of the financial burdens off your shoulders. Let our Memphis pedestrian accident attorneys help you fight for justice.
If you have been injured while walking in Memphis, the negligent driver is liable under the law. Our experienced personal injury lawyers will evaluate your case and help you obtain fair compensation as soon as possible. Are you a victim of a pedestrian accident? Contact Mama Justice today for a free consultation.
