Pedestrian & Bicycle Accident in Nashville: Your Rights and Next Steps

Your first priority after being hit by a car is getting help. Call 911 immediately, even if you think your injuries are minor. Pedestrian and bicycle accidents cause injuries that are routinely underestimated at the scene — concussions, internal bleeding, spinal injuries, and fractures may not produce noticeable symptoms for hours. Adrenaline masks pain. The 911 call creates a timestamped record that protects your claim later.

Do not move if you think you may have a spinal injury. If you can move safely, get out of the road to avoid a secondary collision. Stay at the scene until police arrive and take your statement. Under Tennessee law (TCA 55-10-101), the driver is required to stop, exchange information, and render reasonable assistance. If the driver fled, note whatever details you can — vehicle make, model, color, direction of travel, and any part of the license plate.

Ask responding officers to create a crash report. Metro Nashville Police Department will respond to pedestrian and bicycle crashes involving injuries. Get the report number before officers leave. If police do not respond to the scene, file a report through MNPD's non-emergency line at 615-862-8600.

Tennessee Code Annotated § 55-8-134 requires drivers to yield the right of way to pedestrians in marked crosswalks and at intersections. When a pedestrian is in a crosswalk, drivers must stop or slow down to allow the pedestrian to cross safely. Passing another vehicle that has stopped for a pedestrian at a crosswalk is a traffic violation under TCA 55-8-134(c).

Pedestrians also have duties. Under TCA 55-8-135, pedestrians must obey traffic signals and may not suddenly leave a curb and walk into the path of a vehicle that is so close it cannot stop. However, even if a pedestrian violates these rules, the driver still has a duty to exercise due care to avoid hitting them. Tennessee courts have held that a driver who sees — or should see — a pedestrian has a heightened duty of vigilance.

In Nashville specifically, many pedestrian crashes occur at uncontrolled intersections and mid-block crossings where drivers do not expect pedestrians. High-traffic areas like Broadway, West End Avenue, and the Gulch see heavy foot traffic, particularly from tourists unfamiliar with local traffic patterns. Nashville's WalknBike plan has identified priority corridors for pedestrian safety improvements, but many of those improvements are still in progress.

Under TCA 55-8-172, cyclists have the same rights and duties as motor vehicle operators when riding on public roads. This means drivers must treat cyclists as vehicles — give them space, yield at intersections, and check for cyclists before turning or opening doors. Tennessee's three-foot passing law (TCA 55-8-175) requires drivers to maintain at least three feet of clearance when passing a cyclist.

Cyclists must ride as close to the right side of the roadway as practicable (TCA 55-8-175), except when passing, turning left, avoiding hazards, or when the lane is too narrow to share safely. Nashville has expanded its bike lane network significantly in recent years, including protected lanes on several downtown streets, but many roads still lack dedicated cycling infrastructure.

Tennessee has no statewide helmet law for adults on bicycles. Riders under 16 are required to wear helmets under TCA 55-52-105. Critically, TCA 55-52-106(c) explicitly states that failure to wear a helmet is not admissible as evidence of contributory negligence in any civil action. This means the other driver's insurance company cannot use your lack of a helmet to reduce your claim — though wearing a helmet is always recommended for safety.

Pedestrian and bicycle accident injuries are typically far more severe than vehicle-to-vehicle collision injuries. Without the protection of a vehicle frame, seatbelt, and airbags, the human body absorbs the full force of impact. Common injuries include traumatic brain injuries (even with a helmet), broken bones and fractures, spinal cord injuries and paralysis, internal organ damage, road rash and severe skin abrasions, and knee, hip, and shoulder injuries from the impact or the fall.

Many of these injuries have long-term or permanent consequences. A traumatic brain injury can affect cognitive function, memory, and personality for years. Spinal injuries may require surgery and ongoing physical therapy. Broken bones may heal improperly or lead to chronic pain. The medical costs for serious pedestrian and bicycle injuries often exceed $100,000 and can reach well over $1 million for catastrophic cases involving paralysis or TBI.

See a doctor immediately — ideally at Vanderbilt University Medical Center, which is Nashville's Level I trauma center and one of the best in the region for traumatic injuries. TriStar Centennial and Saint Thomas Midtown also provide emergency care. Tell the doctor you were hit by a car and describe every symptom, no matter how minor. Follow all prescribed treatment and keep records of every visit, prescription, and therapy session.

Tennessee's modified comparative fault system (TCA 29-11-103) reduces your damages by your percentage of fault and bars recovery entirely if your fault reaches 50% or more. In pedestrian and cyclist cases, the driver's insurance company will often try to argue that you were partially at fault — jaywalking, crossing against a signal, riding without lights at night, or failing to wear reflective clothing.

Even if you share some fault, you can still recover. A pedestrian who was jaywalking but was hit by a speeding driver might be found 20% at fault — meaning they recover 80% of their damages. The key is keeping your fault percentage below the 50% bar. Strong evidence — surveillance footage, witness statements, the driver's speed data — helps establish that the driver bears the majority of responsibility.

Insurance adjusters routinely lowball pedestrian and cyclist claims by inflating the victim's fault percentage. Do not accept a quick settlement offer. Your injuries may be far more expensive to treat than they initially appear, and the long-term costs — physical therapy, lost earning capacity, pain management — often dwarf the initial medical bills.

The at-fault driver's liability insurance is the primary source of compensation for pedestrian and bicycle accidents. Tennessee requires minimum liability coverage of $25,000 per person and $50,000 per accident (TCA 55-12-107). If the driver's policy limits are insufficient to cover your damages, you may need to look to other sources.

Your own auto insurance — if you have one — may provide additional coverage. Tennessee's uninsured motorist (UM) statute (TCA 56-7-1201) covers the named insured and family members regardless of whether they were in a vehicle at the time of the accident. This means your UM coverage can pay for your injuries if you are hit by an uninsured driver while walking or cycling. If you do not own a car, a household member's UM policy may still cover you.

Medical payments coverage (MedPay) on your auto policy can also pay for immediate medical expenses regardless of fault. Health insurance will cover treatment costs subject to your deductible and copays, but your health insurer may have a subrogation right to recover from the at-fault driver's insurance. An attorney can help navigate these overlapping coverage sources to maximize your total recovery.

Were you hit by a car while walking or cycling in Nashville? Get your free Injury Claim Check. You will answer a few questions about your accident and injuries, and we will provide a personalized report covering your potential claim — including how Tennessee's right-of-way laws apply to your situation, what evidence to preserve, and whether connecting with a Nashville personal injury attorney makes sense.

You were not protected by two tons of steel when that driver hit you. Your injuries are likely more serious and more expensive than a typical car accident. Tennessee law protects your right to compensation. Start with the Injury Claim Check — it is free, confidential, and takes less time than waiting in an ER lobby.