Legal Options for Pedestrian Injuries in Tourist Areas

Pedestrian injuries in Gatlinburg, Pigeon Forge, and Sevierville can be devastating enough by themselves. Then there is the question of what to do next. What are your legal options for pedestrian injuries in tourist areas? Usually, they include either trying to settle with an insurance company or bringing a personal injury lawsuit against the driver in your case. Your situation may have tourist-area nuances, too, such as drivers living out of state or driving rental cars. A pedestrian accident lawyer can investigate what happened and explain possible next steps.

What are your legal options as an injured pedestrian in Tennessee?

Your options may depend on how “cooperative” the insurance company is, how your injuries occurred, and how bad they are. With minor injuries, the insurance process may be more straightforward. Similarly, if liability is clear (like it might be if a driver ran a red light in front of reliable witnesses and hit you), the insurance settlement may be fair and relatively easy.

That said, if your injuries are severe, the insurance company may try to act like they are minor. Often, the first step is filing a claim against the driver’s insurance company. A lawsuit may be necessary at some point if the insurance company plays unfairly.

File an insurance claim

Many pedestrian injury cases involve a claim against the driver’s auto insurance policy. You may also need to file for medical payments coverage.

Tennessee requires drivers to have liability insurance or otherwise meet financial responsibility requirements, and that coverage may cover your medical expenses, pain and suffering, lost income, and other damages. If the driver was operating a rental car, you may be able to get additional compensation if the driver purchased additional insurance with the rental and the driver’s primary insurance is inadequate to fully cover your needs. The rental company itself likely won’t be liable unless it was negligent, but coverage purchased through the rental company may apply.

Negotiations are common in insurance claims, especially since the insurer’s first offers may not account for your long-term medical expenses.

File a personal injury lawsuit

Pedestrian accident cases typically settle before trial, even with a personal injury lawsuit. Unfortunately, filing a lawsuit may be necessary to get an insurance company to truly listen to you. If your case goes to trial, your personal injury lawyer can represent you in court. Settlement with the driver’s insurance company is possible at any time as long as the jury has not reached a verdict.

How long do you have to file a lawsuit?

The statute of limitations in Tennessee for personal injury is usually one year from the date of the injury. Insurance claims tend to start much sooner, and the process ideally would give you enough time to file a lawsuit if necessary, without having to rush. Talk with a lawyer as early as possible after you’re hit to keep your legal options as open as possible.

What if a hit-and-run driver hurt you?

If you do not know who hit you, then you may need to turn to your uninsured motorist coverage and other applicable policies. If the driver is identified later, you may be able to pursue compensation against their insurance company or through a lawsuit.

If you do not have car insurance, another policy, such as your spouse’s or a household family member’s, might apply. Insurance rules can get complex fast. Car accident lawyers can review policies and assess what applies in your case.

What if you do not have much evidence in your case?

Video footage, medical documentation linking your injuries to the accident, police reports, and photos of the accident scene may help determine liability in your case. If you do not have much evidence, it is possible that liability might be harder to prove.

A lack of evidence may limit your legal options somewhat. Gather as much documentation as you can after an accident and seek medical treatment right away.

What about your legal options if the driver lives in another state or your case has special challenges?

Tourism is huge in Tennessee. For instance, Great Smoky Mountains National Park had about 12.2 million visitors in 2024, according to the National Park Service. You should still have legal options no matter where the driver who hit you lives, though. One important step to protect your rights as much as possible is to work with a lawyer who has experience working with cases involving out-of-state nuances.

Also, if you yourself are a tourist, you may worry about having to return to Tennessee. You likely can participate remotely at most stages, with your Tennessee lawyer handling the work. If your case requires independent medical examinations, depositions, or a trial, you may need to return for a bit.

Other special challenges in tourist pedestrian injury cases involve drivers operating rental cars, witnesses who are tourists and who leave the area quickly, and busy intersections or locations that complicate the gathering of evidence. Fortunately, many lawyers are familiar with these nuances.

How do you prove the driver’s negligence?

You must show that the driver was negligent, with common examples involving speeding, driving under the influence, and failing to yield to pedestrians. You also have to link this negligence to causing the accident and your injuries. You must show actual damages (think medical expenses, pain and suffering, lost income, and rehab costs). Evidence such as medical records and employment records helps establish these losses.

What if you are partly at fault?

You can still recover damages as long as you are not 50% or more at fault. It is not as common for pedestrians to bear most of the responsibility in a car-pedestrian accident. Actions such as entering traffic unexpectedly or crossing the street while paying attention to your phone may give you some partial fault, but the driver may still bear more responsibility. Drivers owe pedestrians a duty of care.

The amount of compensation you get may go down by your percentage of fault, though. A pedestrian who is 20% liable for an accident might end up recovering 20% less.

Reach out to Delius, McKenzie & McCarter

You don’t have to deal with your pedestrian injuries alone. Contact us today to learn more about your legal options.