Automobile Accidents

September 29, 2010

My Car Was Hit By a Police Car!

I was driving in Nashville and a police car ran a red light and plowed right into the side of me. I had to go to the hospital and they discovered that I broke my leg in the crash. Can I sue the police officer for causing the wreck?

Under Tennessee law, you cannot sue the police officer but you can sue the local government that employed the police officer. Therefore, if the police officer was employed by Metro Nashville, you can sue Metro Nashville.

Under Tennessee law, a governmental entity is responsible for certain negligent acts and omissions of its employees but its financial responsibility is capped at $300,000 for any one person, regardless of the seriousness of the injuries or even if the person is killed by the negligent act or omission. Damages to property are limited to $100,000.

September 28, 2010

Should I See A Doctor About My Injuries?

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

I was in a car wreck yesterday. I thought I was ok but I woke up this morning and feel absolutely horrible. Should I go to the doctor, or should I just tough it out?

You should see your doctor and accurately report the nature and extent of your concerns. Call and make an appointment to get in and see the doctor as soon as you can.

Why? There are three reasons. First, your doctor may uncover a problem that is more serious than you think it is.

September 27, 2010

Can a Sibling File a Wrongful Death Lawsuit?

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

My brother got killed in a car wreck. Can I file a wrongful death lawsuit for him?

You can file a wrongful death lawsuit for your brother under only limited circumstances. First, if you are named the executor of his will you have the right to file suit. Second, if the court names you the administrator of your brother’s estate you will have the right to file suit. Third, if you brother was not married, had no children, and your parents are dead you would be considered "next of kin" and you would have a right to file suit.

The right to file suit is different from the right to control the litigation. For instance, if your brother was married and his wife is competent, it is very possible that a court would let your sister-in-law control the lawsuit even if you were named executor of your brother’s estate.

September 11, 2010

What Happens If the Person That Hurt Me Dies?

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).

September 9, 2010

What Are My Rights When I Was Hurt in a Car Wreck While I Was 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 ran a red light and broad-sided me. My car was totaled and I spent three 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.

September 1, 2010

Should I Give A Statement to the Insurance Company?

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.

August 26, 2010

Why Didn’t the Person Who Hit Me Get a Ticket?

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

My car was t-boned 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 was the guy not given a ticket? Did the other driver pay the police officer off?

No, the other driver did not pay off the police officer. 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 I think it highly, highly unlikely that a police officer would take money not to write a ticket.

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.

August 13, 2010

Can Police Accident Reports Be Used as Evidence of How the Wreck Occurred at Trial?

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

The police accident report says that I was not at fault in my wreck and that the other driver was at fault. Can I used the police report as evidence at a trial to prove the wreck was not my fault?

Not in Tennessee state court. A rule of evidence specifically excludes police accident reports from the types of public records that can be admitted into evidence at trial to show how an accident occurred.

Why? Because unless the officer actually saw the accident the police report is only the officer’s opinion about what happened. That opinion may be based on solely on whether the officer believes one person or the other and may have little value in determining what actually happened.

August 9, 2010

The Other Driver Doesn’t Have Enough Insurance!

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

I was in a bad car wreck. I had $50,000 in medical bills and missed eight weeks of work (I make $800 per week as a mechanic). I am probably going to have to have another surgery. My doctor also says I will have arthritis 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 he 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 he or 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.)

August 8, 2010

Can A Father Who Did Not Pay Child Support Recover Money When His Child Gets Killed in A Car Accident?

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

My child was killed by a drunk driver. He was 10 years old. I want to file a lawsuit. His no-good father, who never paid child support as ordered by the court and did not visit my son for the for the five year period after our divorce, says he is going to file a lawsuit, too. Can he do that? Does Tennessee law permit him to get money from the death of our son when he had nothing to do with our son when he was alive?

Unless you have some physical or mental health issue that you have not mentioned, you will have the right to bring the lawsuit.

Tennessee law provides that a parent who has a parent who has intentionally refused or neglected to pay any support for a child for a two-year period, or for the life of the child, whichever is less, when subject to a court order requiring the payment of child support and who has intentionally refused or neglected to contact the child or exercise visitation during such period is not permitted to recover damages for the death of the child. Thus, to cut off the father’s right to money out of any recovery you make, you will have to demonstrate that (a) there was a child support order; (b) the father intentionally did not pay for at least 2 years; and (c) he intentionally did not visit the child.