I don’t see the big deal about texting and driving. I do it all the time and have not been in a car wreck.
Then you have been lucky. Not only is texting while driving illegal, but it greatly increases your risk of being involved in a car crash.
Studies report that reports that distracted driving is the No. 1 killer of American teens. Sixteen percent of all drivers younger than 20 involved in fatal crashes were reported to have been distracted while driving.
How much time do I have to file a claim for a wreck with a tractor-trailer or bus that happened in Tennessee?
In the wreck took place in Tennessee you should assume you only have one year to bring a legal action against the people and companies that caused the wreck unless a competent lawyer with knowledge of all of the circumstances tells you to the contrary.
However, it would be a mistake to wait any significant time to call a lawyer. The insurance and trucking companies often have expert witnesses and lawyers go to the scenes of serious trucking accidents. They are gathering evidence and preparing for a defense, and you need to have a lawyer start doing the same for you. Waiting even thirty days to get legal assistance may mean that valuable evidence is gone and therefore we urge you to contact an experienced truck and bus accident lawyer as soon as possible. Trucking and bus accident cases have been a part of my practice for 30 years.
I was hurt in a car wreck. It was not my fault. My neighbor doesn’t think I need a lawyer because I did not get hurt. Is she right?
If you weren’t hurt you probably do not lead a lawyer to assist you unless you have difficulty getting the other driver’s insurance company paying for the damage to your case. Usually, property damage claims can be worked out without legal advice.
If you had been injured in the wreck, you may well have needed the advice of an experienced personal injury lawyer. Our firm does not charge for an initial consultation with a potential client.
I was in a wreck. The police took a statement from me but she did not accurately put down what I said in the accident report. Can the accident report be used against me in a personal injury case?
Yes, but not directly. In most cases, the accident report cannot be admitted into evidence in a Tennessee state court. However, the police officer who you asked you questions can be subpoenaed into court and asked what you said to her. She will be given the right to review report, which may well be all that she remembers about what you said to her. Therefore, if the officer recalls only what is in the report and will not agree that the report is or could be wrong, the evidence of your statement as set forth in the report (technically, the officer’s testimony about that statement) can be used against you.
I have a pending personal injury claim from a wreck with a truck. I think someone is following me around and photographing or videoing my activities. Can insurance companies do that?
Yes, within certain limits. It is not uncommon for insurance companies to use surveillance to determine what task you can perform. The private investigators look to "catch" you performing sports activities, yard work and other physical labor that they say is inconsistent with the limitations and physical injuries you are claiming in litigation.
This is something that you need to discuss with your lawyer as soon as possible.
My 22-year old son was hurt in a car wreck. Can I file a lawsuit for him?
No, unless he is so severely injured or suffers from some type of disability that he is deemed incompetent. If he is incompetent, there are formal proceedings which must be filed to have him declared incompetent in the eyes of the law. If that happens, a conservator will be appointed and he or she will have the power to file or defend a lawsuit. If you are appointed the conservator, you would have that right.
However, if your son is competent, he is the only one who can file suit on his behalf. You can help him find a lawyer and can give him assistance in preparing the case, but the decision to file and the right to file is his and his alone.
My son was bit by a neighbor’s dog. What rights do I have in a lawsuit against the dog owner?
You have the right to recover medical expenses that you paid or were paid by your insurance company. (You almost certainly have to repay your health insurance company out of the settlement or judgment.) You can also recover damages for loss of services of your child.
Under Tennessee law, you cannot recover damages loss of the relationship between you and your child because of the injuries or for your emotional distress at seeing your child deal with his injuries.
My 10-year old daughter was hurt in a car wreck. Her dad and I are divorced. Can I file a lawsuit on her behalf?
Yes, if you are the custodial parent you are permitted to bring a lawsuit on your daughter’s behalf. If you are not the custodial parent the appropriate person to bring the lawsuit is your daughter’s father ( I assume that he is the custodial parent).
Even if you are the custodial parent and have the right to file suit, you should work with the child’s father and try to maintain a united front in the litigation.
I am thinking about filing a personal injury case. I think I have a solid case that the insurance company will be afraid to try in front of a jury. Are insurance companies afraid to try cases?
Not really. For the typical insurance company, the analysis is all about money.
In other words, insurance companies evaluate risk. At the end of the day, they determine whether they will likely win a case or lose a case. They look at how much a jury might award, how much a jury is likely to award, and how little a jury might award. They have lots of statistics from which to make this judgment, and they often have very good lawyers help them evaluate a case.
Do truck and bus drivers have more responsibilities than drivers of cars?
Yes. Truck and bus drivers are required to live up to the same standards and laws as every other driver on the road., but there are special safety laws that also cover most commercial drivers.
First, to prevent drivers from driving so long that they become dangerously tired, the law sets maximum hours they are allowed to work before taking a break. Truck drivers cannot drive more than eleven hours in one shift without stopping to take a break. Also, no matter how much time they spend behind the wheel, a truck driver has to stop and take a break within fourteen hours of the time the driver first clocks in to work for a shift. A break has to be ten hours in a row completely off duty. It does not matter if a truck driver works for two or three different companies; to comply with the law, the truck river must take a ten hour break from any and all jobs.
Tennessee Injury Law Center