Memphis Car Accident Attorney

Motor vehicle crashes are debilitating and often lead to physical, mental, and financial hardship for those involved. According to the CDC, motor vehicle crashes are a leading cause of death in the U.S., with over 100 people dying every day. 

Traffic crash deaths cost U.S. citizens $55 billion in losses in 2018. Tennessee citizens lost over $14 million in medical costs and over $1.5 billion in wages lost from missed employment opportunities due to motor vehicle crash fatalities in 2018. 

Memphis Car Accident Causes

An accident lawyer in Memphis can investigate to help you understand the cause of your auto accidents. In Tennessee, these are some of the most common causes of auto crashes:

• Distracted driving including talking on the phone, eating, music, other passengers, navigation equipment, texting, or rubbernecking

• Reckless and aggressive driving including speeding, tailgating, failure to yield, unsafe lane changes, failure to signal, wrong-way driving, road rage, or racing

• Drowsy driving including those who haven’t had enough rest or those taking sleep-inducing medications

• Driving impaired under the influence (DUI) of alcohol or drugs

• Faulty parts including defective brakes, tires, steering, suspension, and safety equipment

• Unmaintained vehicles including poorly secured materials, faulty brakes, cracked signal lights, and non-functional headlight

• Inclement weather like snow, sleet, hail, rain, wind, ice, and fog

• Poor roadway design and conditions including hazard visibility, traffic flow, road surfaces, improper striping, defective traffic control devices, insufficient space on the shoulder, poor road maintenance, debris in the road, improper signage, construction, and potholes

Motor vehicle accidents can happen at any time. A car wreck can be very scary, especially if that accident was caused by someone negligently operating their vehicle. 

Negligence in Memphis TN Car Accidents

When a person is negligent, they have behaved carelessly, and that behavior has caused harm or injury to another person. A person can be deemed negligent by doing something that he or she should not have done or by failing to do something that he or she should have done.

The legal theory behind the idea of negligence states that a driver must use care to avoid injuring other motorists, passengers, or pedestrians. When a driver is not reasonably careful and injures someone as a result, the driver is liable for injuring the accident victim.

Elements of Negligence

Tennessee law requires that Memphis drivers be reasonably careful. In car accident cases, the law requires drivers to be careful when encountering anyone they meet on the road, and this concept is often referred to as the “duty of reasonable care.”

In instances where a driver does not perform their duty of reasonable care, this is called “breaching” or violating the duty of care. The law will compare the driver’s conduct to those of a reasonable person when determining if a driver was careful enough. When a driver’s behavior falls short of reason, the defendant violated the duty of reasonable care. 

Car accident victims are entitled to compensation for injuries, lost wages, earning capacity, pain and suffering, and property damage. If there aren’t any monetary losses or provable injuries, the plaintiff is not allowed to recover anything. The plaintiff must prove his or her injuries and other monetary losses. 

When you are the plaintiff, it’s important to keep complete and detailed records of all injuries, medical expenses, and property damage. These records can help your Memphis car accident law firm determine who may be at fault for your accident. 

Determining Fault After a Car Accident

After your car crash, once you’re feeling up to it, you’ll need to find out who was liable for the car wreck. An experienced car accident lawyer can investigate whether the other driver(s) violated a law and use their experience to help you determine who was at fault. 

A Memphis car accident attorney will typically look for negligence, which is the failure to act responsibly. Your Memphis car lawyer will also be on the lookout for recklessness or wanton conduct that willfully ignores the chances of a crash and the safety of others.

Intentional misconduct or deliberately performing an action that could harm someone or something, such as driving while intoxicated, speeding excessively, or knowingly selling defective or dangerous products have been deemed causes of liability in the past in Memphis civil courts. 

Lastly, your car accident lawyers will search for instances of strict liability. This is when a crash happens due to the defective design and inadequate warnings from the manufacturer.

Steps to Take After Suffering a Car Accident 

The top priority after a car accident is to ensure the safety of everyone involved in the accident. You should call 911 immediately to notify them about the accident and to get medical assistance to anyone who needs it. If you have been seriously injured, you must seek emergency medical assistance as soon as possible. 

Under no circumstances should you ever flee the accident scene as that could be considered a hit-and-run offense. You should wait at the crash site until the police arrive or until you have exchanged all the required information with the other parties involved in the accident. This includes your contact information, insurance details, driver’s license number, and other relevant information. The police will make an incident report for the accident, and you should cooperate with them during the process. 

While you are at the accident site, you can start gathering readily available evidence. Take photos of the crash site including any damages to the vehicle or skid marks. Such evidence can be used to reconstruct the accident and can help you establish liability for the case. You will need evidence to build a strong case, so check if you can find any eyewitnesses who are willing to testify. 

Other types of evidence used in car accident cases include surveillance footage, medical records, police reports, and expert testimony. While you are gathering evidence, avoid roadside discussions or confrontations about the accident or liability. If your vehicle is totaled, you may need to call a tow truck. 

You also need to notify your insurance company about the accident. Not notifying the insurance company can leave you liable for the damages from the accident. However, don’t share any information about who was at fault in the accident with the insurance company. The insurance company will try to minimize their payout for the accident. 

To ensure you understand your rights and avoid common pitfalls of dealing with insurance companies, you want to consult with a car accident attorney as soon as possible. The attorney can assess your case and guide you on the best legal course of action. 

Statute of Limitations for Car Accident Cases in Memphis 

If you have suffered losses in a car accident in Memphis, you have the right to seek compensation, however, you must initiate action within the statute of limitation. Each state has a statute of limitations. This sets the maximum time allowed to initiate legal action. 

You may think you have plenty of action to build a case and then take action, but in Tennessee, you only have one year from the date of the accident to take action. The statute of limitations in Tennessee is one of the shortest in the country, so you must take swift action to protect your rights. 

 The statute of limitations is strictly enforced in Tennessee, so if you miss the deadline, you may lose your right to file a personal injury claim or car accident lawsuit to recover damages and hold the party responsible. Your case may qualify for certain exceptions or exemptions. 

A common exception to the statute of limitations is the discovery rule. This allows the victim to extend the time limit for filing a lawsuit based on the date they discovered, or reasonably should have discovered, the injuries or damages in the car accident. You can consult with a Memphis car accident attorney to determine if you qualify for any extension. The attorney can also help you to ensure you initiate legal action within the statute of limitations. 

Comparative Negligence System in Memphis, TN 

If you have been in an accident that was caused by someone’s negligence or wrongdoing, you have the right to seek fair compensation from them. The state of Tennessee uses a comparative negligence system for car accident cases. This system allows for a fair allocation of fault.

Based on the comparative negligence system, you can recover compensation in a car accident even if it is your fault. However, if your share of fault in the accident is more than 50%, you are barred from recovering any damages. 

In the case where you are less than 50% at fault, your recoverable damages will be reduced by your percentage page fault. For example, if you are 20% at fault, then you can only recover a maximum of 80% of the compensatory damages. 

Advantages of Hiring a Memphis Car Accident Lawyer

Most injury Memphis car accident lawyers work on a contingent-fee basis, so they only get paid if there is a successful resolution to your claim. If you’re injured in a car accident, hiring a lawyer could ensure a much better settlement. Car accident lawyers can use the following techniques to support your case. 

Knowledge of Memphis TN Laws

Hiring accident lawyers in Memphis to represent you after an auto accident means that you will have someone knowledgeable about the relevant laws and procedural rules in Tennessee that could affect your case.

Your car accident lawyer can file your lawsuit and will know the best practices for eliminating the arguments brought forth by your opposition. Once your case gets started, your car accident attorneys will play an irreplaceable role in your case prep and can be ready to go to trial if your case doesn’t settle.

Even though a lawsuit is rarely necessary because most car accidents settle out of court, the threat of legal action provides leverage when negotiating a fair deal. Also, having an attorney who is knowledgeable about Tennessee law strengthens your case, especially when you are up against the experience and vast resources of insurance companies. 

Memphis Car Accident Attorneys Can Handle All The Details

There is a lot of work that goes into negotiating a settlement with insurance companies or trying a personal injury lawsuit. After you have been injured in a car crash, handling all of the time-consuming details of your case may be the last thing you want to do. That’s assuming your injuries allow you to do so, but a personal injury attorney could do it all for you.

If this is your first accident, then it also may be your first time dealing with the ins and outs of an accident claim. Lawyers in Memphis TN have dealt with all manner of claims and a variety of insurance companies. They can use their experience to obtain all of the necessary evidence to support your claim, gather police reports, witness statements, medical bills, and employment and lost wage information.

Your Tennessee vehicle accident law firm will also be able to organize the evidence and prepare a settlement demand letter for the insurance company. If you are unable to find a settlement agreement, your attorney could take care of filing the necessary paperwork to start your court case and deal with the defense of your case. 

Having someone knowledgeable about Tennessee laws, handling the hard work of your case eases the burden on you. This will be especially important if you have been seriously injured and are trying to recover from your injuries, recover compensation, or get reimbursed for your medical bills.

Memphis Car Accident Attorneys Advocate On Your Behalf

One of the most important ways an attorney or law firm may help you with your car accident injury case is by being your advocate. Your attorney can negotiate with the automobile insurance companies and strike a settlement deal if possible.  

If a lawsuit becomes necessary, they will represent you before the judge, jury, and other attorneys, ensure that your side of the story is heard and that you are compensated for all of your losses.

Recoverable Damages in Car Accidents 

A wide range of damages are recoverable in a car accident case. If you are successful in your claim or lawsuit, you can seek economic and non-economic expenses. However, you will need to prove that these expenses were a result of the car accident. The most common economic damages in car accidents include medical bills such as the cost of emergency care, hospital stays, surgeries, or prescription medications. You can also seek compensation for lost income, loss of earning capacity, and property damage. 

Non-economic expenses include pain and suffering, such as emotional distress caused by the accident. In some auto accident cases, you can also cause loss of enjoyment of life and loss of repudiation. If the car accident resulted in a wrongful death, you can claim funeral expenses, loss of consortium, and other types of expenses. 

The non-economic damages might be challenging to prove, however, with an experienced attorney on your side, you can recover all the compensation you deserve. The attorney can also help you gather evidence that can provide non-economic expenses.

To learn more about what damages you can recover for your specific case, you would need to consult with an attorney.

FAQ About Memphis TN Car Accidents

Having a skilled and adept advocate working for you is crucial to obtaining a reasonable and fair resolution in your car accident case. If you were involved in an accident in Memphis, read on below for more important information and consider having a free consultation with a seasoned attorney in the Memphis community. 

Schedule a Consultation With an Experienced Car Accident Attorney

If you have suffered a car accident in Memphis, TN, allow us at 1-800-Injured to help you find the right attorney for your needs. 1-800-Injured is an attorney and medical referral service. With our extensive experience in car accident cases, we can get you the legal guidance and representation needed to navigate the complexity of a car accident claim or lawsuit in Memphis, TN. To get started please contact us at 1-800-Injured today.