Category Archives: Car/Motorcycle Accidents
Tennessee Supreme Court Reaffirms “Collateral Source Rule” in Personal Injury Cases
If you are in a car accident and the other driver is later determined to be negligent, does the fact you have health insurance reduce the amount of damages you can receive for your injuries? The answer to this is basically “no.” A defendant cannot escape liability by simply because a third party may… Read More »
Dealing With Medical Malpractice Following a Motorcycle Accident
Motorcycle accidents often leave its victims with catastrophic injuries. This is understandable, given that motorcyclists lack the same physical protections as car and truck drivers. This means that a head-on collision can easily leave the motorcycle operator paralyzed–or dead. Appeals Court Rejects Amputee’s Lawsuit Against Hospital Of course, whether a motorcycle accident victim receives… Read More »
How Your Car’s Software Can Cause Serious Injury (or Death)
As motor vehicles become more dependent on computer systems, drivers and passengers are increasingly at risk from software problems that may cause a critical system to fail. No computer system or program is perfect, but when car manufacturers fail to promptly identify and correct their software errors, the results can be deadly. A defective… Read More »
What Happens When the Other Driver in an Accident Does Not Have Insurance?
Most car accident victims rely on insurance to compensate them for any personal injury they sustain. Tennessee is a “fault-based” state with respect to car accidents, which means the negligent party is expected to pay any damages. Tennessee law further requires all licensed drivers to carry a minimum amount of insurance to cover injuries… Read More »
What Is Considered “Negligence Per Se” in a Tennessee Car Accident?
A critical element in any personal injury case is proving the defendant was negligent. If the defendant’s actions violated a state or local law, it may constitute “negligence per se.” In a car accident, for example, a defendant who goes against the “rules of the road” and injures someone else as a result is… Read More »
What Happens If a Personal Injury Defendant Files for Bankruptcy?
If you are hurt in a car accident, you understandably want to seek compensation from the negligent driver who was responsible. But what if the driver files for bankruptcy protection before you have a chance to file your personal injury lawsuit? Does that affect your ability to pursue your case? How an “Automatic Stay”… Read More »
Can I Seek Damages for Emotional Distress Caused by a Car Accident?
Damages from a car accident or a similar traumatic event are often not limited to physical injuries. Victims often sustain serious emotional harm that can last for months or years after the initial incident. To compensate victims for their serious mental injuries, Tennessee law recognizes personal injury claims based on “negligent infliction of emotional… Read More »
When Is a Car Accident Settlement Legally Binding?
Most personal injury claims arising from car accidents are settled out-of-court, usually between an attorney representing the victim and the negligent party’s insurance company. Settlement negotiations are often a lengthy process. It is important for both sides to be clear as to their intentions and expectations, lest there be any misunderstanding as to the… Read More »
Do I Really Need to Call an Attorney Following a Truck Accident?
Many people think they do not need a lawyer following a car accident. This often proves to be a serious error in judgment. Too many accident victims try to deal with the other driver and their insurance company on their own. And the results are often disastrous. Truck Accident Victim Tries to Undo $215… Read More »
Am I Insured If I Am in an Accident Driving My Employer’s Truck?
Dealing with insurance companies can be maddening, especially after you have been in a car accident and seek to recover benefits under your policy. Insurance contracts are carefully drafted to minimize the insurance company’s liability. This means that even if you think you should be covered, the policy (and the law) may state otherwise…. Read More »
