Pedestrian Accident Claims in Tennessee

Where traffic signals are not in place or not working, drivers must yield to a pedestrian in a crosswalk on their half of the road (or approaching closely from the other half), slowing or stopping if needed; in a marked school zone with flashers operating, drivers must stop and stay stopped until the pedestrian has crossed. Drivers may not pass a vehicle stopped at a crosswalk for a pedestrian, and pedestrians may not suddenly leave a curb into the path of a vehicle too close to yield. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, and between adjacent intersections with working signals pedestrians may cross only in a marked crosswalk.

Modified comparative fault (50% bar). The damages statute provides that recovery of any damages is barred if the plaintiff's comparative fault (or in a wrongful death case, the fault of the person who died) is equal to or greater than 50%. Noneconomic damages are apportioned among multiple defendants by their percentage of fault.

Proof of financial responsibility (for proof required after December 31, 2022) means a split-limit policy of at least $25,000 for bodily injury or death of one person, $50,000 for two or more people in one accident, and $25,000 for property damage, or a $65,000 single-limit policy, cash deposit or bond.

One year after the cause of action accrues for injuries to the person. The deadline is two years if criminal charges are brought against the person who caused the injury (or the conduct is the subject of a criminal prosecution started within one year), and the injured person sues the person prosecuted.