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motor vehicle accidents

How fault works in Tennessee car accidents

Tennessee allows injured individuals to sue after a motor vehicle accident under the state’s fault laws. A driver has financial responsibility if he or she has at least 50% fault for the crash according to the court. 

Review the state laws about liability and fault that apply to Tennessee auto accidents. 

Tennessee auto insurance coverage

Drivers can seek coverage under another driver’s liability policy after a crash. Tennessee drivers must carry liability insurance to cover the costs of accidents in which they are at fault. The policy minimums are $15,000 for property damage per accident, $25,000 for injury or death of one person and $50,000 for injury or fatality of multiple involved parties. 

If the insurance adjuster decides the policyholder is at fault, the company will offer a settlement. He or she must consider all available documentation including driver statements, witness statements, police reports, evidence of distracted driving, and photos and videos of the crash site. 

The injured person can file a lawsuit if he or she disagrees with the fault determination or the settlement does not cover the costs associated with the injury. 

Legal auto accident damages

The court will review all evidence in the case to make a fault determination and award financial damages if applicable. Tennessee uses the modified comparative negligence standard, which means that a driver who has up to 50% fault can collect damages from the driver with more than 50% fault. However, the court reduces the damage award by the injured driver’s fault percentage. 

In Tennessee, drivers have just one year to file a personal injury claim after an auto accident. 

Categories
Car Accidents

Filing a negligence claim following your car accident

When an accident occurs between two vehicles, one or both parties may have operated their vehicles negligently. Even if you are partially responsible for your motor vehicle accident, you may still be able to recover damages for any accident-related injuries and damages. Some of these damages may include:

  • Medical expenses
  • Property damage
  • Lost wages
  • Loss of earning capacity
  • Physical and mental pain and suffering
  • Disfigurement and impairment

In most cases, to recover damages following a car accident, you must prove that the other driver’s negligence contributed to the accident and your resulting injuries. To prove negligence you will need to show:

  • Duty – Motorists owe a duty to other drivers and pedestrians to operate their vehicles in a safe manner.
  • Breach – You will need to establish that the other motorist involved in your accident breached the duty owed to you by failing to operate their vehicle safely. Violating a traffic law (e.g. speeding, following too closely, driving while distracted) is generally enough to show negligence.
  • Causation – Next, you will need to show the other motorist’s negligent act directly and proximately caused your accident and injuries.
  • Damages – Lastly, you will need to show that you suffered injuries as a result of the accident.

If you can prove that the other driver was negligent, you may recover damages for your injuries. In Tennessee, if the jury finds that you were also partially at fault for the accident, your damages will be reduced based on your percentage of fault. For example, if you are found 30 percent liable for the accident and were awarded $100,000, you will only recover $70,000. However, if you are 50 percent or more at fault, you will not be able to recover damages.

A personal injury attorney in your area can review your case and give you a realistic picture of what to expect if you file a claim against the other driver involved in your accident.

 

Categories
Car Accidents catastrophic injuries

Can a TBI affect your memory?

Tennessee residents like you may have a long road to recovery after a crash. This is particularly true if you end up with a head injury. Injuries to the brain often come with extensive, far reaching consequences that impact other areas of your life. 

For example, traumatic brain injuries (TBIs) often affect short term memory. You might find your memory so heavily impacted that it even affects your ability to work. 

Effects of short term memory damage 

The Model Systems Knowledge Translation Center examines the impact of TBIs on your memory. This is particularly prevalent with short term memory. Long term memory damage or loss is uncommon, though not unheard of. This is the loss of older memories or the inability to recall things from years ago. 

Short term memory loss happens much more often. This impacts your ability to recall or store memories between weeks or minutes old. This is a big hurdle in your daily life. As an example, short term memory loss can lead to: 

  • Missed appointments because you forgot the time or date 
  • Misplacing important items like keys or money 
  • Forgetting information you just learned moments earlier 
  • Missing out on obligations because you forgot you promised to do something 

How memory loss affects daily life 

In daily life, this is a source of irritation for you and your loved ones. In a work setting, it is often even worse. You may jeopardize the productivity of your company or hinder your coworkers. You might end up on leave or even at risk of job loss. This is why you may wish to consider your ability to seek compensation. 

Categories
motor vehicle accidents

Halloween is a deadly holiday for drivers, pedestrians

Halloween this year in Knoxville may look a little different than Halloween in years past. However, according to one report, 58% of people in the U.S. still plan on celebrating this spooky holiday. But these festivities can come to a quick and tragic end if a person is involved in a motor vehicle accident caused by a drunk driver or is involved in a pedestrian accident.

Drunk driving sees an uptick over Halloween

The National Highway Traffic Safety Administration reports that nearly 30 individuals lose their life every day due to a drunk driving accident. According to the U.S. Department of Transportation, there is generally an increase in fatal drunk driving accidents over Halloween. In the years spanning from 2013 to 2017, 158 individuals lost their lives in a drunk driving accident over Halloween. And, of all fatal motor vehicle accidents that occurred on October 31, 42% involved a drunk driver.

Pedestrian accidents are common over Halloween

In addition to drunk driving, pedestrian accidents are common during Halloween. Many children and their parents take to the streets in costume to trick-or-treat over this holiday. However, this increases the risk of pedestrian accidents. The Insurance Institute for Highway Safety reports that in the years spanning from 2013 to 2017, the two most deadly days for pedestrian accidents were October 31 and continuing through the night into November 1. According to the National Safety Council, kids are two times as likely to die from being hit by a car on Halloween than on any other day of the year.

A Halloween motor vehicle accident could lead to a personal injury claim

Those who are involved in a drunk driving crash or pedestrian accident in Knoxville this Halloween may be seriously injured or could even lose their life. When this happens, the victim or his or her survivors may want to pursue a personal injury or wrongful death lawsuit. Doing so could provide them with the compensation they need to move on following the crash.

 

Categories
motor vehicle accidents

Rollover accident in Knoxville kills one teen, injures another

The excitement that teenagers in Tennessee inevitably feel after getting their drivers’ licenses is almost always apparent. The newfound freedoms that the ability to driver offers can open up several new opportunities to them related to their participation in social and scholastic events, as well as their ability to seek employment.

Yet with this new freedom also comes the responsibility to be safe while behind the wheel. Sadly, statistics show that the inexperience of teen drivers often leads them to engage in dangerous driving activities. Such actions may not only endanger their own personal safety but that of their friends (and anyone else they counter on the road) as well.

Two teens involved in Knoxville rollover crash

This fact was on full display in a rollover accident that recently occurred in Knoxville. According to the local CBS affiliate, accident investigators say that a vehicle driven by a teen crossed over into oncoming traffic before rolling off the road. Authorities believe that excessive speed contributed to the driver losing control of the vehicle. The accident caused serious injuries to both the driver and his passenger. He eventually died; reports say his passenger’s injuries turned out to be non-life-threatening.

Seeking compensation following a car accident

One can count themselves fortunate if they are able to survive a serious car accident, yet their injuries still may prove costly. Oftentimes it is only through compensation that they can afford those costs. One might wonder how (in cases like the one here) a person can gain compensation from a driver killed in an accident. Such assistance may come from a decedent’s estate, ensuring that those affected by their actions are still taken care of. One’s chances of securing compensation may increase if they have experienced legal resources to rely on.

Categories
Car Accidents

Can new safety features prevent all car accidents?

The automobile industry is constantly coming up with new safety features that will hopefully reduce car crashes or keep occupants safe in the event a crash happens. While seat belts, mirrors and crumple zones are common safety features that all modern automobiles are equipped with, with the rise in technology comes advancements that may make new automobiles safer than ever before.

New safety features that may be in your next car

Some safety features are mandatory these days. These include electronic stability control, traction control, antilock brakes and rearview-camera monitors. However, new safety features are already appearing in automobiles.

For example, one feature will vibrate the driver’s seat cushion if they swerve between lanes. Other features include:

  • Automatic emergency braking when in the presence of pedestrians and bicyclists
  • Automatic high-beam headlights
  • Lane-departure warning
  • Blind-spot warning
  • Rear cross-path detection
  • Rear air bags

However, safety features cannot prevent all car accidents

Unfortunately, a car can be equipped with all available safety features, but it could still be involved in a car accident. We cannot control all the actions of other drivers on the road, no matter how carefully we drive. All drivers in the Knoxville area and across the U.S. are tasked with the duty of driving reasonably under the circumstances. If this duty is breached, causing a crash that injures or kills another person, the negligent driver may be held liable. Ultimately, those who have been injured in a car accident caused by a careless driver will want to seek legal advice, which this post does not provide.

 

Categories
motor vehicle accidents

Work-related stressors and the risk of a traffic crash

Many people struggle with challenges at work on a daily basis, resulting in fatigue, distractions, high levels of stress and rushing around. Sadly, all of these difficulties can increase the odds of a motor vehicle collision. If you were involved in a crash and the other driver was dealing with problems related to their job, this is no excuse and you need to look into your legal options.

Every day, many accidents occur because of work-related stressors and it is crucial for drivers to ensure that they obey all traffic safety guidelines and drive safely. According to the Centers for Disease Control and Prevention, people in the U.S. miss over one million days of work each year as a result of traffic crash injuries.

How do problems at work increase the odds of a crash?

Whether someone works for many hours or their job is especially physically or mentally demanding, fatigue is responsible for many accidents. Drivers who are drowsy or very sore sometimes have difficulty focusing on the road and even fall asleep behind the wheel. Also, many drivers use their phones to talk with clients, co-workers and supervisors, resulting in distracted driving. Those running late for work or an important meeting sometimes speed and behave aggressively behind the wheel.

How can you recover from a traffic wreck?

If you were struck by a driver who was distracted, fatigued or in a rush, you need to carefully go over these factors as you consider your legal options. Filing a lawsuit helps many drivers in this position receive the financial support they desperately need and also provides mental relief. Some people also look for support from friends, family members and online communities.

Categories
Motorcycle Accidents

Motorcyclist thrown from bike at intersection

A motorcyclist traveling in the Knoxville area suffered injured that landed him in the hospital because of a recent accident. While the condition of the motorcyclist was not released, witnesses said that the motorcyclist involved in the accident got thrown from the bike. The motorcyclist flew over the other vehicle because of the impact of the accident. The motorcycle accident reportedly happened at a local intersection of a street and a major thoroughfare.

Inattentiveness is frequently a cause of intersection accidents

Although the cause of this accident has not been released, the fact it happened at an intersection means it can serve as an important reminder for drivers. Because motorcycles are so much smaller and operate differently than do other vehicles, drivers have a special obligation to pay a close lookout for motorcyclists and to take special precautions when they are near. This is especially true at intersections.

For one, if a driver is not paying attention or does not get a clear view before entering an intersection, chances are the driver may simply not see a motorcyclist approaching and pull out right in front of the bike, causing an accident.

Even if a driver waiting at an intersection does see an oncoming motorcyclist, another common mistake is for the driver to misjudge the speed of the motorcyclist and assume that he or she can safely cross in front of the motorcycle.

In reality, there may not be enough time to cross the intersection safely; it is generally best to let a motorcyclist clear an intersection before going forward, even if it seems like the bike is far enough away for the vehicle to cross safely.

Not surprisingly, given the weight difference between a motorcycle and a car, motorcycle accidents frequently end with the people on the bike suffering serious injuries.

If the driver of another vehicle is responsible for these injuries, he or she may be able to get compensation.

 

Categories
motor vehicle accidents

Driving with a foot injury

Motor vehicle crashes occur for a host of reasons, but some accidents have unique causes. For example, some drivers cause an accident because they attempt to operate a vehicle even though some type of physical or mental challenge interferes with their abilities, such as a foot injury that makes it more difficult for them to apply their brakes in a timely manner or accelerate correctly.

If you were hit by a driver who caused an accident because they were incapacitated in some manner, this factor requires careful consideration, especially if you are planning on taking your case to the courtroom.

The dangers of driving with an injury

Some people decide to drive even though they have a foot or hand injury that affects their ability to stay safe on the road. Whether someone has to go to work or take care of other responsibilities, there is no excuse for operating a vehicle when one is unfit to drive correctly. Those who drive with a foot injury sometimes accelerate rapidly by pressing on the gas pedal too hard, colliding with a car in front of them. Likewise, some people take too long to use their brakes because their foot is injured, resulting in a crash. These wrecks often cause additional injuries or even claim lives.

The victims of motor vehicle crashes

According to the Bureau of Transportation Statistics, more than 2.7 million people were hurt in traffic crashes during 2018. For those struck by other drivers, a wide range of consequences often arise. Financial problems, emotional hurdles, painful injuries and other setbacks make daily life very hard for many motor vehicle crash victims. You need to take a careful look into your legal options if you are in this position, regardless of the reason(s) why another driver caused the accident.

Categories
Car Accidents

Self-driving cars not likely to be common any time soon

It seems like news reports have been talking about self-driving cars for years now. More and more, we hear about companies like GM and Tesla test-driving prototypes on streets and highways. When will these robot vehicles be for sale at Knoxville-area dealerships?

Not anytime soon, if a news report from WSMV-TV is accurate. The piece quotes an analyst from WalletHub who predicted that self-driving vehicles would not become available until 2050.

However, the analyst noted that modern cars and trucks already have some robotic driver assistance. Things like backup cameras and alarms that let you know when another vehicle is near while changing lanes give drivers some of the elements that autonomous vehicles will have someday. They use technology to go beyond the driver’s senses and skills to prevent an accident.

Why are self-driving cars taking so long?

Still, full automation of the driving process would be extremely complex to do dependably and safely. There would be thousands of computer commands and pieces of sensory input to perform every second. Even once auto companies have developed their self-driving cars, the first ones would likely cost more than almost anyone can afford. With just a few robot vehicles on the road, car accidents caused by human behavior like drunk driving and reckless driving would still be an issue.

Personal injury law isn’t going anywhere

If self-driving cars won’t be the majority of the vehicles on the streets until 30 years from now, people in Knoxville will continue to get hurt and worse in auto accidents. Not only could these injuries affect your ability to work and enjoy life, they could cost you thousands of dollars in medical bills and auto repair costs. Such car accident injuries might become rare someday. Until then, victims will need legal assistance to deal with negligent drivers and their insurance companies.