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 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 includes 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 horrifying, mainly if that accident was caused by someone negligently operating their vehicle.
Types of Car Crashes: Car Accident Lawyer Memphis
Car accidents can occur in many different ways, and each type of collision may bring unique risks and legal challenges. In Memphis, various types of car accidents frequently occur, from minor fender-benders to severe crashes leading to severe injuries and fatalities. An experienced Memphis auto accident attorney can provide solid legal representation to injured victims and help them recover damages in a personal injury claim.
Rear-End Collisions
Rear-end collisions happen when one vehicle crashes into the back of another. These accidents could be caused by distracted driving, following too closely, or sudden braking. Memphis drivers are frequently impacted by these accidents in stop-and-go traffic. Rear-end collisions may result in whiplash or other neck and back injuries. A Memphis personal injury lawyer can find evidence and use car accident laws to prove the liability of the driver who rear-ended the vehicle in front.
Head-On Collisions
One of the most dangerous car accidents, head-on collisions, occurs when two vehicles traveling in opposite directions collide front-first. These crashes typically happen in the form of drunk driving accidents, wrong-way driving, or lane departure. Head-on collisions are associated with severe physical injuries, such as traumatic brain injuries or spinal cord damage, due to the combined impact of both vehicles. In Memphis, rural roads or highways with limited dividers are common locations for head-on crashes.
T-Bone (Side-Impact) Collisions
T-bone accidents, also known as side-impact collisions, typically occur at intersections when one car runs a red light or fails to yield. In these accidents, one vehicle’s front end collides with the side of another vehicle, forming a “T” shape. These crashes may lead to catastrophic injuries, especially for occupants on the side of the impacted vehicle. Intersections with high traffic volumes in Memphis are frequent sites for T-bone collisions.
Sideswipe Accidents
Sideswipe accidents occur when two vehicles traveling in the same direction make contact along the sides. This type of accident often happens when a driver attempts an unsafe lane change or drifts out of their lane. Sideswipe accidents can range from minor scrapes to significant crashes if one of the drivers loses control. Memphis highways and busy multi-lane streets are common locations for sideswipes, particularly during high-traffic hours.
Multi-Vehicle Pileups
Multi-vehicle accidents, or pileups, involve three or more vehicles and often occur on highways or major roads in Memphis. These accidents usually start with one vehicle rear-ending another, which then triggers a chain reaction. Due to the multiple impacts, multi-vehicle pileups can be extremely dangerous and make it difficult to determine liability. Factors such as fog, rain, and dense traffic increase the likelihood of these accidents.
Rollover Accidents
Rollover accidents occur when a vehicle flips onto its side or roof, often due to sharp turns, high speeds, or collisions with other vehicles. SUVs and trucks are more prone to rollovers due to their higher center of gravity. Rollover accidents are hazardous and frequently lead to severe injuries or fatalities. Curvy roads and higher-speed zones in Memphis are common locations for rollover accidents, particularly when drivers exceed safe speeds.
Intersection Collisions
Intersection collisions include various types of crashes, including rear-end, T-bone, and head-on collisions that occur at intersections. These accidents are frequently caused by failure to yield, running red lights, or not obeying stop signs. Memphis intersections with heavy traffic or poor visibility are common sites for intersection collisions. These accidents can be severe due to the likelihood of multiple vehicles and varied directions of impact.
Parking Lot Accidents
Parking lot accidents involve low-speed collisions in parking areas. These accidents can sometimes result in severe injuries to the victims. Common causes include distracted driving, improper backing out, or failure to yield to pedestrians. Parking lot accidents in Memphis generally occur in busy retail centers or areas with limited visibility due to parked cars. A skilled Memphis car crash lawyer can fight to hold the negligent parties liable in these cases.
Single-Vehicle Accidents
Single-vehicle accidents involve only one vehicle colliding with an object like a tree, guardrail, or pole. These crashes can result from road defects, obstacles, or avoiding animals on the road. In Memphis, single-vehicle accidents are prevalent during lousy weather. The best car accident law firm in Memphis can represent an injured victim in filing a claim for damages against the local government agencies in these cases.
Hit-and-Run Accidents
A hit-and-run occurs when a driver involved in an accident flees the scene without providing information or assistance. In Memphis, hit-and-runs sometimes include pedestrians, cyclists, or parked vehicles. These accidents create challenges for victims seeking compensation, as the responsible party may not be identified. Hit-and-run cases require law enforcement involvement to track down the driver, and they may involve uninsured motorist claims to cover your costs when you seek medical attention.
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 negligence states that a driver must exercise 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 the injury to 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 cautious 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 financial 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 Memphis civil courts in the past.
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 seek medical attention immediately for 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 damage 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, keep information about who was at fault in the accident private from the insurance company. The insurance company will try to minimize the 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 limitations. Each state has a statute of limitations, which 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. 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 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 compensate you 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 costs.
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 should 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 below for more important information and consider having a free consultation with a seasoned attorney in the Memphis community.
Is it worth hiring an attorney for a car accident?
Every accident is unexpected and that’s why hiring a personal injury lawyer after you’ve been injured is an option worth considering. If the accident was the other person’s fault, you could have a legal right to recover damages, and your lawyer can help make that happen. However, sometimes hiring a lawyer is not necessary.
When should you hire an attorney after a car accident?
You should hire an attorney to represent you after a car accident if you suffered injuries and/or significant damage to your car, especially when it is obvious, or even just possible, that someone else’s actions contributed to causing the accident.
Speak with an attorney about any car accident in which someone else’s actions may have played a role, including any accident involving more than one vehicle and any accident involving a sudden, unexpected loss of control of your car.
It is also important to speak to an attorney before agreeing to a settlement or making official statements to an insurance provider. Unless an experienced attorney has helped you analyze the damages you have incurred, you risk accepting a settlement in your case that is too low and will not cover the expenses you face now and could face in the future. Once you’ve accepted a settlement, you ordinarily will not have the opportunity to ask for more money.
If your accident was caused by the negligence of a governmental agency, then it will require skill and cunning to recover compensation from the local or state government. An experienced motor vehicle crash attorney, who understands the complications of taking legal action against a government entity, could help you.
If your loved one died from injuries sustained in the accident, you might have the right to obtain compensation through a wrongful death claim. If you need more information about who is eligible to file a wrongful death claim, an attorney can provide you with information about this process and who can assist you.
Is it worth getting a lawyer for a minor car accident?
If you were involved in a fender-bender that did not cause serious injuries or property damage, then you probably will not need the assistance of a car accident injury attorney. However, in all other circumstances, speaking with an experienced car accident injury attorney is the best way to protect your legal rights.
If you weren’t hurt all that badly, you’re comfortable gathering necessary evidence and documents, and you’re willing to engage in the settlement negotiation process, you could handle your car accident claim yourself. Consider though that there are advantages to skilled legal professional help.
How Can a Plaintiff Recover Damages After a Car Accident?
When a car accident victim demonstrates that another’s wrongdoing caused their injuries, the injured individual could receive payments as compensation for the outcomes of the collision. These payments are often referred to by Memphis attorneys as economic, non-economic, and punitive damages.
An injured individual can recover compensation for economic damages, which are with a value that can be calculated, or non-economic damages, which are the intangible losses that have an impact on a person’s wellbeing but no direct monetary equivalent. Damages are often awarded in Tennessee courts for:
Lost wages due to time missed from work and the anticipation of reduced earnings in the future
Medical bills, expenses, equipment, and future medical treatment therapies
Pain and suffering and the emotional anguish caused by the accident
Loss of enjoyment of favorite activities, life, and companionship
Schedule a Consultation With an Experienced Car Accident Attorney
If you have suffered a car accident in Memphis, TN, CarAccidentAttorney.com, a law firm directory, can help you find the right attorney for your needs. To get started, please contact us today.