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Tennessee Pedestrian Accident Claims

A pedestrian hurt by a driver's negligence in Tennessee can bring a claim under the same one-year deadline and comparative-fault rules as other accidents. Drivers must yield to pedestrians lawfully in a crosswalk, while pedestrians crossing outside one generally must yield — and a pedestrian's own fault can reduce or, at 50% or more, bar recovery.

By Find Local Law Editorial Team · Last reviewed: May 25, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Talk to a Tennessee attorney promptly — the one-year deadline applies.

A pedestrian struck by a negligent driver in Tennessee can bring a personal injury claim — an ordinary negligence case under the one-year deadline (T.C.A. § 28-3-104) and modified comparative fault.

Right-of-way and crosswalks

Tennessee’s rules of the road (Title 55, Chapter 8) set out who must yield:

  • Drivers must yield to pedestrians lawfully within a marked or unmarked crosswalk.
  • Pedestrians crossing outside a crosswalk generally must yield to vehicles.
  • Drivers still have a general duty to exercise due care to avoid hitting a pedestrian.

Comparative fault matters here

Because right-of-way can cut both ways, pedestrian cases often turn on comparative fault. If the pedestrian was partly to blame — say, crossing against a signal — recovery is reduced by their share, and at 50% or more they recover nothing. That makes the facts (signals, crosswalk markings, visibility, speed) especially important.

The deadline

The standard one-year filing deadline applies (T.C.A. § 28-3-104), with the usual shorter rules if a government vehicle was involved (see bus accidents). To get matched with a local Tennessee attorney, connect with a lawyer.

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Frequently asked questions

Who has the right of way at a crosswalk in Tennessee?
Drivers generally must yield to pedestrians lawfully within a marked or unmarked crosswalk, while pedestrians crossing outside a crosswalk generally must yield to traffic. These rules of the road are in Tennessee Code Title 55, Chapter 8.
Can a pedestrian recover if they were partly at fault?
Yes, if they were less than 50% at fault — recovery is reduced by their share. At 50% or more, they recover nothing, under Tennessee's modified comparative fault.
What's the filing deadline for a pedestrian accident?
Generally one year from the date of the accident (T.C.A. § 28-3-104). If a government vehicle was involved, different and shorter rules apply.

Sources

Related guides

  • Tennessee Bus Accident Claims Bus accident claims in Tennessee depend on who owns the bus. Private carriers are ordinary negligence claims. But claims against a public bus (city transit, a school bus) fall under the Governmental Tort Liability Act (T.C.A. § 29-20-101 et seq.), which has strict deadlines, caps recovery ($300,000 per person / $700,000 per accident), and bars punitive damages.
  • Tennessee Car Accident Claims Tennessee is an at-fault state, so the driver who caused a crash (through their insurer) is responsible for the other party's damages. Claims are ordinary negligence cases governed by the strict one-year filing deadline (T.C.A. § 28-3-104) and modified comparative fault. Drivers must carry at least 25/50/15 liability coverage.
  • Tennessee Medical Malpractice (Health Care Liability) Tennessee calls medical malpractice a 'health care liability action,' and it has strict, distinctive procedural traps: you must give each provider 60 days' written pre-suit notice (T.C.A. § 29-26-121) and file a certificate of good faith with the complaint (§ 29-26-122). The one-year deadline applies, with a three-year statute of repose as the outer limit (§ 29-26-116).
  • Tennessee Motorcycle Accident Claims Motorcycle crash claims in Tennessee are negligence cases under the same one-year deadline and comparative-fault rules as other vehicle accidents. Tennessee has a universal helmet law (T.C.A. § 55-9-302) requiring all riders and passengers to wear a helmet, and how helmet use affects a claim is a fact-specific comparative-fault question.
  • Tennessee Nursing Home Abuse & Neglect Claims Many Tennessee nursing home abuse and neglect claims are classified as 'health care liability actions,' meaning the pre-suit notice (T.C.A. § 29-26-121) and certificate-of-good-faith (§ 29-26-122) requirements may apply. Whether a specific claim falls under those rules is fact-specific, and conduct may also support abuse/neglect theories.
  • Tennessee Slip and Fall & Premises Liability In a Tennessee slip-and-fall (premises liability) claim, you must show the property owner created the dangerous condition or had actual or constructive notice of it and failed to fix or warn. Premises liability is largely common law, not a single statute. Comparative fault and the strict one-year deadline both apply.

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