Harlene Labrum | July 17, 2025 | Pedestrian Accident
Understanding How Crosswalk Laws Affect a Pedestrian Accident Case in Nashville
For residents of Tennessee, understanding crosswalk laws is crucial in establishing fault in these incidents. Whether or not a pedestrian was using a legal crosswalk significantly impacts liability, insurance negotiations, and ultimately—compensation in Nashville pedestrian accident cases. To learn more about how to navigate the ensuing legal proceedings, please reach out to our Nashville pedestrian accident attorneys at Labrum Law Firm today for a no-cost consultation and case review!
Tennessee Crosswalk Laws: The Basics
Pedestrian safety has become a growing national concern. While urban planning, vehicle safety, and public awareness play roles, pedestrian-involved crashes remain alarmingly common. According to the Governors Highway Safety Association (GHSA), drivers struck and killed 3,304 people walking on U.S. roads in the first half of 2024—a figure 48% higher than a decade ago—and approximately seven times faster than population growth.
To understand who may be at fault in a pedestrian accident, it’s important to first know the basic crosswalk laws that apply throughout Tennessee.
Legal Crosswalks: Marked & Unmarked
In Tennessee, every intersection—even those without painted or striped lines—is legally considered a crosswalk. A marked crosswalk is one with painted lines or other clear indicators; an unmarked crosswalk is simply the intersection “connection” area of sidewalks. Mid-block crosswalks—often with signals—are similarly protected.
Pedestrian Rights at Signal-Controlled Intersections
At intersections with traffic-control signals, pedestrians have the right of way during a green walk signal. But even without signals, under TN Code § 55 8 134, drivers must yield to pedestrians within a crosswalk, slowing or stopping if necessary.
Driver’s Duty to Yield
According to § 55 8 134(a)(1): A driver is obliged to give right of way to a crossing pedestrian within a crosswalk when the pedestrian is upon the halfway line of the roadway upon which the vehicle is traveling…”
This duty extends to school zones, even unmarked crosswalks, when warning flashers are active.
Pedestrian Responsibilities
Under § 55 8 134(b), pedestrians cannot suddenly “dart” into traffic when it’s impossible for a driver to yield. And per § 55 8 135, if they cross outside a crosswalk (e.g. mid block unprotected areas), they must yield to traffic.
And remember: crossing mid-block when two signalized intersections are nearby is actually illegal.
Common Scenarios Where Crosswalk Laws Come Into Play
Crosswalk laws often become critical in determining liability during specific accident scenarios, especially when drivers and pedestrians make conflicting decisions.
- Pedestrian hit while crossing with the “walk” signal
In this case, the pedestrian has the unquestioned right of way. If surveillance or witness statements show the walk signal was active, driver liability is strong. - Driver turning right on red without yielding
A common—and dangerous—scenario. Tennessee law mandates drivers must stop and yield before right turns, even during right-on-red. Failure to do so can be clear negligence. - Pedestrian crossing mid-block (“jaywalking”)
If outside a marked or unmarked crosswalk, the pedestrian has less legal protection. § 55 8 135 requires yielding to vehicles in those cases. - Accidents in school zones
With warning flashers active, drivers must stop for pedestrians crossing at either marked or unmarked crosswalks in school zones.
How Crosswalk Compliance Affects Fault
Whether or not crosswalk laws were followed can significantly impact who is found at fault in a pedestrian accident and how much compensation may be awarded.
Pedestrian in a Legal Crosswalk vs. Not
When a pedestrian is in a legal crosswalk—marked or unmarked—the burden shifts heavily onto drivers. A failure to yield or observe traffic laws is easily demonstrable fault.
If the pedestrian was outside a crosswalk, such as mid-block, the legal interpretation changes: under § 55 8 135, vehicles hold right-of-way and the pedestrian must yield. This can diminish or eliminate claims.
Driver Law Violations
Fatal or injury-based crashes often involve speeding, distracted driving, DUI, or failing to yield. Such violations not only indicate fault—they also influence punitive damages and insurance outcomes.
Using Surveillance, Witnesses & Traffic Cams
Evidence is crucial. Surveillance or nearby traffic cams help establish light status, pedestrian location, and vehicle actions. Witness testimony adds another layer of credibility. This evidence can counter insurance adjuster claims that shift blame or minimize damages.
Modified Comparative Fault
Tennessee follows a modified comparative fault rule. If a person is found partially at fault, their compensation is reduced proportionally—unless they are more than 50% at fault, in which case they recover nothing. Understanding whether a pedestrian was in or out of a crosswalk is central to assigning percentages.
What Happens if Both Parties Are Partially at Fault?
In some pedestrian accidents, both the driver and the pedestrian may share blame—understanding how shared fault works is key to knowing how it affects your case.
The 50% Bar Rule
If a pedestrian is found 50% or less responsible for an accident, they can recover—but with their award reduced by their fault percentage. Over 50%, and recovery is barred entirely.
Partial Liability Reduces Compensation
When both parties share fault in an accident, Tennessee law reduces the injured person’s compensation based on their percentage of responsibility.
For example:
- Pedestrian crosses mid-block, judged 30% at fault
- Injuries total $100,000
- Compensation = $100,000 × (1 – 0.30) = $70,000
Scenarios in Action
- Jaywalking pedestrian vs. texting driver turning right: If the pedestrian is 20% at fault and the driver 80%, pedestrian recovers 80% of total damages.
- Pedestrian in crosswalk vs. speeding driver: Pedestrian has near-full claim; plaintiff may only bear minimal fault, e.g., 5%.
Gathering Evidence in a Nashville Pedestrian Accident Case
As pedestrian accident attorneys, here’s how we help build cases:
Police Reports & Medical Records
These provide professional documentation of cause, injuries, fault, and initial fault assignment.
Photos of the Scene
Shots of crosswalk paint, signals, signage, skid marks, and lighting help reconstruct events later.
Witness Interviews & Traffic Cam Footage
Witness accounts and video footage bring objectivity. Time-stamped evidence is especially persuasive.
Expert Analysis
Accident reconstruction experts can model speed, line-of-sight, and fault analysis—making fault assignments clearer.
Legal Advocacy
Insurance companies often undervalue cases or shift blame. Strong representation pushes back, ensuring fair evaluations and settlements.
How a Personal Injury Lawyer Can Help
At Labrum Law Firm in Nashville, here’s what we do:
- Assess crosswalk law protections: We determine whether your situation involved a legal crosswalk or pedestrian fault, guiding strategy.
- Analyze accident details: We collect clinic records, photos, police and reconstruction reports.
- Negotiate with insurance: We use evidence and law to challenge lowball offers and position you for fair compensation.
- Litigate if necessary: Should negotiation fail, we’re ready to file suit and advocate for you in court.
- Maximize compensation: Our attorneys will fight for full compensation. This includes medical expenses, lost income, future treatment, emotional distress, rehabilitation, etc.
Crosswalk Laws Matter—Know Your Rights as a Pedestrian in Tennessee
Pedestrian collisions can be life-altering. But knowing your rights—and enforcing them—makes a real difference in personal injury cases. In Tennessee, even plain intersections are crosswalks. By being lawfully present in those spaces, pedestrians establish strong legal standing. But partial fault—like mid-block crossing—can reduce or bar compensation.
If you or a loved one has been hurt in a pedestrian accident, consulting a skilled Nashville-based motor vehicle accident lawyer is critical. At Labrum Law Firm, we handle the legwork—gathering evidence, managing insurance, and positioning you to recover fully.
Contact us today at [phone] for a free consultation regarding your Nashville pedestrian accident case.
