Hit by a Car While Walking in Memphis?
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Key Takeaways
- If you are hit by a car while walking in Memphis, call 911 immediately and do not try to move if you suspect spinal injuries or broken bones — wait for paramedics to assess and stabilize you.
- Tennessee has a 1-year statute of limitations for personal injury claims (Tenn. Code Ann. § 28-3-104), and given the severity of most pedestrian injuries, consulting an attorney within weeks is strongly recommended.
- Tennessee's modified comparative fault rule with a 50% bar (Tenn. Code Ann. § 29-11-103) means the driver's insurer will argue you were jaywalking or distracted to push your fault to 50% or higher — strong evidence like traffic camera footage and witness statements can counter these tactics.
- Memphis is ranked the #1 most dangerous metro area in the U.S. for pedestrians, with 343 pedestrian deaths from 2018-2022 (an 85% increase over the prior period) and 85% of fatal pedestrian crashes occurring on high-speed arterial roads.
- Do not accept blame or give a recorded statement to the driver's insurance company — adjusters are trained to shift fault to pedestrians, and anything you say can be used to reduce your compensation.
- Most personal injury attorneys offer free consultations and work on contingency, and they can identify all available insurance coverage including uninsured/underinsured motorist coverage if the driver fled or lacked insurance.
Call 911 and stay at the scene
If you've been hit by a vehicle, call 911 immediately — or ask someone nearby to call. Do not try to move if you suspect a spinal injury, broken bones, or internal injuries. Wait for paramedics to assess and stabilize you.
Tennessee law requires drivers who hit a pedestrian to stop, provide identification, and render aid. If the driver who hit you left the scene, try to remember or ask witnesses about the vehicle's make, model, color, license plate, and direction of travel.
The police report from the responding officer is critical evidence. It will document the scene, the driver's information, witness statements, and the officer's initial assessment of fault.
Get emergency medical treatment
Pedestrian accident injuries are typically severe: traumatic brain injuries, spinal cord injuries, broken bones, internal organ damage, road rash, and crush injuries. You need immediate medical evaluation even if you feel you can walk — adrenaline masks pain, and internal injuries may not show symptoms for hours.
In Memphis, Regional One Health operates the region's only Level I adult trauma center and is the primary destination for critical pedestrian injuries. Le Bonheur Children's Hospital handles pediatric emergencies. Baptist Memorial Hospital, Methodist Le Bonheur Healthcare, and St. Francis Hospital also serve accident patients across Shelby County.
Follow all treatment recommendations and attend every follow-up appointment. Continuous medical documentation is essential for your claim.
Document the scene and your injuries
If you are physically able — or if a friend, family member, or bystander can help — photograph the scene of the accident. Capture the intersection or road where you were hit, traffic signals and crosswalk markings, the vehicle that hit you (including license plate and damage), any skid marks or debris, road conditions, and your visible injuries.
Get the driver's name, phone number, insurance company, and license plate number. Collect names and phone numbers from witnesses — they can be decisive in establishing fault.
Write down your account of what happened as soon as you can. Memory fades quickly, and a contemporaneous written account is valuable evidence.
File a police report
If the police responded to the scene, they'll create a crash report. If they didn't — for example, if the driver left the scene — file a report with the Memphis Police Department as soon as possible. For hit-and-runs, call MPD at (901) 545-2677 to report the incident.
You can obtain a copy of the crash report from MPD Central Records at 170 North Main Street, 7th Floor, Suite 7-11, Memphis, TN 38103.
Do NOT accept blame or give a recorded statement
Insurance adjusters for the driver who hit you will try to shift blame to you — arguing you were jaywalking, wearing dark clothing, looking at your phone, or crossing against the signal. They are looking for any basis to apply Tennessee's comparative fault rule and reduce your compensation.
Do not give a recorded statement to the driver's insurance company. Do not accept fault or speculate about what happened. Direct all inquiries to your attorney.
Understand your rights as a pedestrian in Tennessee
Tennessee law requires drivers to exercise due care to avoid hitting pedestrians. Drivers must yield to pedestrians in marked crosswalks and at intersections. However, Tennessee's comparative fault rules apply — if you are found to be partially at fault (for example, by crossing outside a crosswalk or against a signal), your damages are reduced proportionally.
Under Tennessee's 50% bar rule (Tenn. Code Ann. § 29-11-103), if you are 50% or more at fault, you recover nothing. The insurance company will aggressively try to reach this threshold. Strong evidence — police reports, witness statements, traffic camera footage, and accident reconstruction — can counter these tactics.
Know Tennessee's 1-year statute of limitations
Under Tenn. Code Ann. § 28-3-104, you have only one year from the date of the accident to file a personal injury lawsuit. Given the severity of most pedestrian injuries and the complexity of these cases, consult an attorney as soon as possible.
If the driver fled the scene and a criminal case is pending, the statute may extend to two years (Tenn. Code Ann. § 28-3-104(a)(2)), but do not rely on this exception.
Talk to a personal injury attorney
Pedestrian accident cases often involve substantial damages — catastrophic injuries, long-term disability, extensive medical treatment, and significant lost income. An experienced attorney can investigate the accident thoroughly, counter the insurance company's attempts to blame you, identify all available insurance coverage (including uninsured/underinsured motorist coverage if the driver fled or lacked insurance), and fight for compensation that reflects the true impact on your life.
Most personal injury attorneys offer free consultations and work on contingency — you pay nothing unless they win.