What to Do If You’re Hit While Walking or Biking

Here in Chattanooga, one of the unintended consequences of our thriving tourism industry is an increased risk of pedestrian and biking accidents. In fact, Hamilton County ranks fourth in the state for most pedestrian-involved accidents, and our bike accident stats aren’t much better, leaving many to question the safety of our local streets.

While pedestrian and bike accidents are less common than motor vehicle crashes, these incidents can still cause serious damage and leave victims struggling physically, emotionally and financially. In the unfortunate event that you find yourself injured in a bike or pedestrian crash in Chattanooga or a surrounding neighborhood, it’s important that you act quickly to protect your health and preserve your rights. Here’s a quick overview of the steps you should follow if you are struck by a vehicle while walking or biking in East Tennessee.

How common are bike and pedestrian accidents?

In 2024, there were over 10,000 motor vehicle crashes reported in Hamilton County, leading to our region being ranked 7th in the state for overall crash rate. Of those motor vehicle accidents, 55 involved cyclists and 74 involved pedestrians. While these numbers represent a small portion of total crashes, that doesn’t mean they should be overlooked.

Pedestrian and cyclist-involved crashes are often just as dangerous – if not more dangerous – than other kinds of accidents. These unique dangers highlight the need for enhanced safety protocols, both to prevent crashes and to address their aftermath.

What to do after an accident

As much as we all hope we’ll never be struck by a vehicle while walking or biking, these accidents can still happen at any time and anywhere. In order to ensure you are protected physically and legally in the event of one of these crashes, there are a few steps you should take to help you cover all your bases. Here is a quick how-to guide for those who find themselves struck while walking or biking in Chattanooga.

Step 1: Check for injuries

The first and arguably most important thing you should do after an accident is check yourself and others for injuries. Sometimes, traumatic accidents leave victims in a state of shock that can make it difficult for them to recognise signs of injury. If you or another involved party is seriously injured in the crash, you’ll want to render first aid and call 9-1-1 as soon as possible.

Step 2: Get medical attention

To the point above, even if you don’t notice signs of injury at the scene of the accident, you’ll want to seek medical attention as soon as possible after your crash. Some injuries – like concussions, internal bleeding and organ damage – can develop or worsen over time, and proactively seeking evaluation can help you prevent future health complications. Additionally, visiting a healthcare professional immediately after an accident can help you establish a record of care that may prove vital should you need to file a personal injury claim down the line.

Step 3: Exchange information

Just as with any motor vehicle accident, you should exchange information with the other party or parties involved in your crash. You’ll want to provide your driver’s license, insurance information and contact details so you can begin the process of filing an insurance claim for your losses. Remember: if you were operating a vehicle, including a bicycle, it is illegal to leave the scene of an accident, even if you were not at fault. Unless you are being taken away in an ambulance, you should remain at the scene until you have fulfilled all legal requirements.

Step 4: Report the accident

Under Tennessee law, the operator of a motor vehicle involved in a crash involving death, injury or property damage of at least $1,500 must file a written accident report with the state, generally within 20 days, if law enforcement does not file the accident report. If law enforcement responds to the scene of your accident, they will likely handle the bulk of the reporting requirements.

Step 5: Document the scene

In order to file a successful personal injury claim for damages related to your accident, you’ll need to show that you suffered verifiable harm as the direct result of another party’s negligence. Supporting evidence and documentation often play a vital role in building these claims, so it’s important that you move quickly to document and preserve any evidence that might support your case.

If you are physically able, you should try to take photos and video of the scene of your accident, as well as any evidence of injury or property damage. You should also collect contact information from anyone who witnessed or was involved in your accident in case you need their testimony in the future.

Step 6: Contact an attorney

Even if you think the other motorist was clearly at fault for your accident, you should contact an experienced attorney as soon as you can. Insurance companies are notorious for dodging claims of liability and using every trick in the book to get out of paying accident victims their fair share. To counteract these defence tactics, you should always refrain from making any admissions of fault or giving any recorded statements to insurers until after you’ve had the opportunity to consult with a car accident lawyer.

Other things to know

In addition to following the steps outlined above and listening to the advice of your chosen legal counsel, you should also be aware of other local legal considerations. First, the statute of limitations in most Tennessee personal injury claims is one year from the date of injury. It’s important that you move as quickly as possible to document your injuries, seek medical care and file a claim after an accident.

Additionally, Tennessee accident victims should keep in mind that our state employs a modified comparative negligence system when assigning fault for motor vehicle accidents. Under this system, you may still be entitled to recover compensation even if you contributed to your own injuries in some way, as long as your level of fault is deemed to be less than 50%. An important note here: If you are partially to blame for an accident, your final damage award will be reduced by a percentage equal to your level of fault. That means if you were 25% to blame for the crash, your compensation will be reduced by 25% as well.

With these limitations in mind, it’s important for Tennessee accident victims to work with experienced legal counsel in order to recover the full value of their claim. An attorney with experience in pedestrian and bike accidents can help clients stay on top of filing deadlines, collect valuable evidence, and argue for a damage award that fully encapsulates the value of their losses.

Final thoughts

Even the most safety-conscious pedestrians and cyclists can find themselves the victims of motor vehicle accidents. When another person’s negligence or recklessness puts you at risk, however, you deserve to see them held accountable. Just because you couldn’t prevent your accident doesn’t mean that you cannot protect yourself moving forward.

If you or a loved one was struck by a vehicle while walking or biking in Chattanooga, the team at Wagner Workers Compensation & Personal Injury Lawyers might be able to help you fight for the justice you deserve. We love our local community and are committed (and vocal) about making it as safe as possible for residents and tourists alike.

If you’re considering filing a claim after a pedestrian or bike accident, give us a call today or fill out our online contact form to schedule a free consultation with a member of our team. We’d love to introduce ourselves, chat with you about your legal options and help you move one step closer to recovering the compensation you deserve.