Automobile Accidents

May 27, 2011

Why Won’t the Police Issue a Ticket to the At-Fault Driver?

My car was hit at a local intersection. The guy that hit me ran the red light – and admitted that he did so – but he police officer didn’t even give him a ticket! Why not? I have called the officer four times to ask why but she won’t return my call.

Police officers have discretion about when they write a ticket, and sometimes they simply choose not to do so. I must confess that I don’t always understand why tickets are issued in some cases and not in others,but the fact of the matter is that police officers do not issue tickets in many automobile wreck cases when they would have the perfect right to do so.

The fact that no ticket was written will almost certainly not hurt your case, especially if the police report indicates that the other driver admitted fault. A statement by a police officer in a police report that the other driver admitted fault will carry a lot of weight with his insurance company as it decides whether or not to promptly resolve the claim.

May 26, 2011

Statement to Insurance Adjuster for the At-Fault Driver?

by The Law Offices of John Day, P.C.

I was in a car wreck last week. I spent five days in the hospital and am now recovering at home. I am getting a couple calls a day from the insurance adjuster for the driver that hit me. The message he left for me is that he wants to take a statement from me about how the wreck happened. Should I talk to him and give him a statement?

We do not recommend that our clients give a statement to the other driver’s insurance company. There are several exceptions to this general rule, but even then we do not permit our clients to give a statement without adequate preparation for the interview.

We do not prepare our clients by telling them what to say or encouraging them to lie. In fact, just the opposite is true: we encourage our clients to tell the truth about the circumstances giving rise to the wreck, the nature and extent of their injuries, and everything else. Preparation is necessary because insurance adjusters are trained in asking questions, and may ask questions in such a way that the unprepared witness will make mistakes. These statements are almost always tape-recorded and can be used against the person in court.

May 25, 2011

The Person Who Caused the Wreck Died. How Does That Affect My Rights?

by The Law Offices of John Day, P.C.

I was hurt in a head-on automobile accident. The driver that crossed the centerline and hit me died in the wreck. Do I have legal rights against him even if he is dead?

Yes. Although you can’t sue someone who is dead, you can sue his estate. If an estate is not opened for him, you (through your lawyer) can petition the court to have an estate opened so that you can sue it and collect the monies you are entitled to recover.

The fact that the person who hit you died does not relieve his insurance company of the obligation to defend the case and pay the monies to you that you are entitled to receive under the law (up to the liability insurance policy limits). To the extent that the value of your case exceeds the amount of insurance available, you will also have a claim against the assets of the deceased driver.

May 23, 2011

Why Can the State of Tennessee Only Be Sued For $300,000 in A Car Wreck Case?

by The Law Offices of John Day, P.C.

I was badly hurt in a car wreck. The wreck was caused by a State of Tennessee employee driving a state vehicle. The State employee was working at the time. I have heard that the State’s liability is limited to $300,000. Is that true?

Yes, in Tennessee the State is responsible for the negligence of its employees who cause car wrecks but the State’s responsibility is limited to $300,000. If the negligent state employee hurts a whole carload of people the recovery is up to $1,000,000 but no one person may recover more than $300,000.

This is true regardless of the size of the medical bills, the lost wages, or the nature of the injury. The restriction on recoverable damages is based on a law passed by the Legislature.

May 10, 2011

Lack of Sufficient Liability Insurance. Now What?

by The Law Offices of John Day, P.C.

I was in a bad car wreck. I had $100,000 in medical bills and missed fifteen weeks of work (I make $1200 per week as a plumber). I am probably going to have to have another surgery. My doctor also says I will have arthritis in my left leg for the rest of my life. I just found out that the person who hit me only has $100,000 of liability insurance. That is not enough for what she did to me. Can I force the person who caused the wreck to pay me out of his pocket?

A person or company is always liable for all of the harm they negligently cause. A person purchases insurance to reduce his or her own risk of coming out of pocket to pay for that harm, but if the harm caused exceeds the amount of insurance purchased she is liable for the rest.

The problem, of course, is collecting from a person who causes harm. To make a payment to the injured person over and above the amount of insurance the person who causes harm must have assets, income, or both. Many people have very few assets and insufficient income to make a payment to the person who they hurt. If pressed, these people will often just file bankruptcy and the bankruptcy court will discharge the obligation. (There are some exceptions to this. For example, the bankruptcy court will not discharge the lawsuit-related obligation of a drunk driver or a person who intentionally harms another.)

May 6, 2011

Time Period Needed to Settle a Case

by The Law Offices of John Day, P.C.

I was in a car wreck about 6 months ago. The other driver admitted fault. My medical bills are about $35,000. I have been released by my doctor. My lost wages are $12,000. How quickly will my case settle?

At the outset you need to understand that your case may not settle at all. In Tennessee the insurance company does not have a duty to settle your case and in fact does not even owe you a duty to fairly evaluate your case. It can settle a case, or not settle a case, on whatever schedule it wants to put in place.

However, if the insurance company wants to settle the case it needs to have information from your lawyer. At an absolute minimum, the company needs the accident report, your medical records and bills, perhaps some of your previous medical records, proof of lost wages from your employer, and an understanding of how the injuries have impacted your life. To the extent you claim a permanent injury, future medical expenses, future loss of earning capacity, or other damages, the insurance company will need proof of that.

May 5, 2011

What Happens if the Person Who Hurt Me Has Died?

by The Law Offices of John Day, P.C.

I was hurt in a head-on automobile accident caused by a careless pick-up truck driver. The driver that crossed the centerline and hit me died in the wreck. Do I have legal rights against him even if he is dead?

Yes. Although you can’t sue someone who is dead, you can sue his estate. If an estate has not been opened for him, you (through your lawyer) can petition the court to have an estate opened so that you can sue it and collect the monies you are entitled to recover. Any recovery would come from the liability insurance coverage that the decedent had that was applicable to the wreck and, to the extent that the damages awarded exceeded the insurance coverage, from the assets of the estate.

The fact that the person who hit you died does not relieve his insurance company of the obligation to defend the case and pay the monies to you that you are entitled to receive under the law (up to the liability insurance policy limits).

May 3, 2011

Car Wreck Lawsuit Against the State of Tennessee

by The Law Offices of John Day, P.C.

My husband was hurt in a car wreck when a state employee driving a state vehicle ran a stop sign. I think I read somewhere that the State of Tennessee and its employees can’t be sued. hat doesn’t seem fair.

The employee cannot be sued if the injury was caused by negligence and the employee was working for the State at the time of the wreck. However, the State can be held responsible for the negligence of its employee under these circumstances, but some of the procedures are much different than those applicable to a private business.

The claim against the State is not filed in court but instead is asserted as a claim through the Tennessee Claims Commission. Proper notice of the claim must be given and, if the claim is denied (it usually is) then a formal claim must be filed. The entire process is administered through the Claims Commission. The Attorney General’s Office defends the State.

April 28, 2011

Car Wreck While Working

by The Law Offices of John Day, P.C.

I was running an errand for my employer last week and was in car wreck. The other driver was passing me, but turned in to our lane too early, hitting the front of my car and spinning me into the median where my car rolled-over. My car was totaled and I spent five days in the hospital. What are my rights?

You have two potential claims. First, you have a worker’s compensation claim because you were injured in the course of employment (assuming your employer has five or more employees).

Second, you have a claim against the driver of the other car. This is called a "tort" claim.

April 27, 2011

Injured In Car Wreck Caused By Sheriff’s Deputy

by The Law Offices of John Day, P.C.

I was hit at an intersection by a car belonging to the local sheriff’s department. The deputy ran a red light. He did not have his emergency lights or siren on when the wreck happened. Can I sue the deputy for the injuries I received?

No, but you can sue the Sheriff’s department. The individual deputy is immune from suit if the wreck was caused while he was on the job, but the Sheriff’s department (county government) is responsible for the acts of the deputy.

Tennessee limits the amount of damages that can be awarded against a local government. For wrecks occurring on or after July 1, 2007, a "governmental entity" may not be required to pay more than $300,000 for any one person injured in an auto wreck or more than $700,000 for all people injured in a wreck.