Understanding Car Accident Laws in Tennessee: What You Need to Know
If you’ve been involved in a car accident in Tennessee, it’s essential to understand the state’s laws and regulations to navigate the legal process effectively. Tennessee is an at-fault state, meaning the driver responsible for the accident is legally liable for damages and injuries. This guide will cover key aspects of car accident laws in Tennessee, including the statute of limitations, proving fault, and what you can claim.
Car Accident Statute of Limitations in Tennessee:
In Tennessee, the statute of limitations for filing a legal claim following a car accident is one year from the date of the accident. If you miss this deadline, the court may refuse to hear your case. Therefore, it’s crucial to act promptly if you intend to pursue compensation.
Determining Fault in Tennessee:
Determining who is at fault in a car accident is a critical part of the settlement process. Here’s how the process typically works:
- Insurance Company Review: The insurance company will investigate the accident and will first look at the police report to determine fault.
- Settlement Negotiation: If the insurance company cannot reach a settlement or agree on fault, you may need to file a personal injury lawsuit, where the court will make the final decision.
To strengthen your case, gather as much evidence as possible immediately after the accident. Important evidence may include:
- Contact information from witnesses
- Photos of the accident scene
- Medical evaluations and records
The goal of any lawsuit is to restore the plaintiff to the financial position they would have been in had the accident not occurred. If another party is found at fault, you should not be responsible for covering expenses related to medical treatment, lost wages, or property damage.
What You Can Claim in Tennessee:
Through a car accident claim, you can seek compensation for various damages, including:
- Medical treatment
- Assistive devices (e.g., wheelchairs, prosthetics)
- Lost wages and loss of future earning capacity
- Wrongful death
- Property loss
- Ongoing therapies or continued treatment
- Pain and suffering or emotional distress
- Loss of consortium
- Punitive damages
If your accident was minor and liability is clear, you might be able to handle the claim through the insurance company without legal assistance. However, if there are complications or the accident was severe, seeking legal help is advisable.
Tennessee’s Comparative Negligence Rule:
Tennessee follows a comparative negligence rule, which means that each driver involved in the accident can be assigned a percentage of fault. If you are found to be more than 50% at fault, you will be barred from recovering any damages in a lawsuit.
Get Legal Help from Legal Chiefs TODAY
If you find the legal process overwhelming or if you were involved in a significant accident, it’s crucial to consult with a car accident attorney. Legal Chiefs can assist you in finding the right legal professional for your case.
For more information about car accident laws in Tennessee and to connect with experienced attorneys, visit LegalChiefs.com. We are here to help you navigate your case and ensure you receive the compensation you deserve.
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Auto Accident FAQ
What should I do immediately after an auto accident?
Your first and foremost action following an accident is to stay calm, check if you or anyone else involved has been injured, and call the police. Get the name and contact information of all parties involved in the accident as well as any witnesses of the event. To document the damage, take pictures of the accident scene, the vehicles, and your injuries. It’s important not to admit liability until you hire an attorney because they will conduct a thorough investigation to establish the driver at fault.
Should I seek medical treatment after an auto accident, even if I feel fine?
Right after a car accident, you may feel fine, but injuries can surface days, weeks, and even months later. That’s why it’s good to see a doctor even if you don’t believe you were injured in the accident. Your doctor can recognize issues or injuries that won’t immediately become apparent to you and alert you to warning signs of injuries that may arise due to the accident. If you fail to treat your injuries within a certain period of time, you may forfeit your right to get reimbursement for future medical costs. The general rule is not to settle auto accident claims without having been examined by a medical professional.
Do I have to go to court if I decide to file an auto injury claim?
In most cases, you won’t have to go to court. The majority of auto accident claims are resolved outside of court after negotiating the terms with the insurer. Most insurance companies generally try to settle claims as quickly as possible and for as little money as possible, so it’s wise to have an attorney negotiate on your behalf.
What information is necessary when filing auto accident claims?
In addition to taking pictures of the accident scene and taking the contact information of the involved parties and witnesses, your detailed explanation of how the accident happened is also necessary to file a claim. Law enforcement reports of the accident will also serve as crucial evidence in your claim.
What if the accident was partly my fault?
Many factors determine the driver at fault in an auto accident case. Do not accept any part of the blame until the investigation has concluded. Even if the investigation finds that you are partially at fault, you may still be entitled to receive compensation. There are cases when the victim also shares part of the blame for an accident. If, for example, you were driving five to ten mph over the speed limit when the accident happened, this would have limited your reaction time, and you could likely be considered a negligent driver even if you weren’t the one to cause the crash. Different states have different ways of settling auto accident claims where more than one driver is at fault. So it’s best to check the specific laws in your state (or the state where the accident took place) or discuss the matter with your auto accident injury lawyer.
What if the at-fault driver doesn’t have insurance, or I’m the victim of a hit-and-run accident?
It happens surprisingly often that people get into an auto accident where the driver at fault doesn’t have insurance. In these situations, it’s wise to have an auto insurance policy that comes with Uninsured Motorist (UM) coverage. That way, if you get into an accident and the at-fault driver doesn’t have insurance, you will still be able to file your claim under the UM coverage you have with your own insurance company. Your insurer will then process the claim following the same process as it would for an opposing insurer. The only difference is that the claim will be against your UM coverage and not against another driver. Likewise, if you were involved in a hit-and-run accident where the responsible driver fled the scene before you could take their information, you can again seek compensation from your UM coverage.
What type of damages could I be entitled to in an auto accident case?
Suppose you suffered injuries after an auto accident that was caused by another driver’s negligence. In that case, there are two main types of damages that you may seek compensation for: compensatory (a.k.a. monetary) and punitive damages. Compensatory damages are the most common type of damages in a personal injury claim, and they often include: ● Current and future medical bills ● Property damage ● Emotional duress ● Lost wages ● Loss of enjoyment of life ● Loss of future earnings potential On the other hand, punitive damages are much rarer, but they can occur in situations where the vehicle manufacturer is to blame.