Rights and Duties of Pedestrians and Drivers on Tennessee Roads
The recent accident involving Cleveland’s star receiver, Donte Stallworth, and a pedestrian demonstrates some of the rights and duties a pedestrian has with respect to crossing the street. It further highlights the duty all drivers have to exercise due care in preventing motor vehicle accidents in Tennessee.
In Miami on March 14, 2009, at approximately 7 a.m., Mr. Stallworth crashed his Bentley into 59-year old Mario Reyes, resulting in the pedestrian’s death. Reportedly, Mr. Reyes was attempting to cross a major causeway without using the nearby crosswalk. Apparently, Mr. Stallworth saw Mr. Reyes because he later stated that he honked twice and flashed his lights in an attempt to warn Mr. Reyes of his oncoming car.
Mr. Stallworth’s statements seem odd because if he had the time to honk and flash his lights, he almost certainly had the time to brake. So why has Mr. Stallworth made such a strange defense? Perhaps he is already thinking about how to shield himself from liability for the death of Mr. Reyes.
If the family of Mario Reyes brought a wrongful death action in Tennessee, Mr. Stallworth would almost certainly bring up the fact that Mr. Reyes failed to stay in the crosswalk and proceeded into the road with knowledge of an oncoming vehicle. Thus, under Tennessee’s comparative fault defense, any judgment award resulting from a personal injury claim could be reduced by that percentage of fault attributed to Mr. Reyes.
However, while pedestrians have a duty to stay within the crosswalk and yield to oncoming vehicles, operators of vehicles have a greater duty to exercise due care and keep a look out for pedestrians. Thus, if this case were prosecuted with an experienced Tennessee personal injury attorney, Mr. Stallworth would likely be on the hook for the death of Mr. Reyes even though Mr. Reyes apparently broke a rule regarding staying within the crosswalk when one is provided.
For pedestrians and drivers alike, it is important to realize that each has rights and duties with respect to the other. If you have been injured in a parking lot or while attempting to cross a street, you may be able to recover for your injuries. Don’t sleep on your rights; call 866-853-2888 today to speak with one of Knoxville’s experienced car accident attorneys.
