Truck Accidents

January 19, 2012

What Types of Damages Are Available in a Tennessee Truck Accident Lawsuit?

In any type of Tennessee personal injury case, including injuries caused by careless truck drivers or trucking companies, an injured person can recover monetary damages for past and future medical bills incurred because of the injuries, past and future physical pain and suffering, past and future mental or emotional pain and suffering, loss of earning capacity, disability, lost capacity for the enjoyment of life, and disfigurement.

A significant part of many personal injury claims in the recovery of the reasonable medical bills necessarily incurred as a result of the incident. To the extent that the injuries likely require on-going medical bills in the future, those future medical expenses can also be recovered.

Physical pain and suffering is physical discomfort caused by an injury. In the event you suffer an injury that will cause pain in the months and years after a settlement or trial, you can recover damages for that as well.

January 9, 2012

What is Uninsured Motorist Insurance Coverage?

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

What is uninsured motorist coverage?

If the driver that causes a Tennessee car accident or truck accident does not have liability insurance, your own automobile insurance coverage may also apply in provide a source for monetary recovery to pay your medical bills and compensate you for your injuries. This type of insurance coverage is called uninsured motorist coverage – it provides you protection when you are hurt by an uninsured driver. Subject to certain limitations, you may recover damages under your own uninsured motorist policy if the other driver is proven to be uninsured.

Uninsured motorist coverage must be offered to each person who buys liability insurance in Tennessee. Thus, if you purchased liability insurance on your vehicle, you have uninsured motorist coverage unless you waived your right to have it in writing.

December 19, 2011

Deadline For Filing a Truck Accident Case in Tennessee

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

Is there a deadline to file a lawsuit for truck wreck cases in Tennessee?

Yes. Statutes of limitation passed by our legislature limit the time to file a lawsuit in all types of cases. The length of time varies depending on the type of case. In most instances you have one year from the date of the incident causing injury to bring a lawsuit, although shorter time limitations apply in some types of cases. In cases involving truck accidents, any lawsuit must be filed within one year of the date of the accident. Failure to file suit on time will result in a loss of your rights.

Given the many factors that must be considered in determining your specific deadline to file a lawsuit, the best course of action if you believe you have a potential legal action is to contact a lawyer immediately. Our firm will meet with you at no charge to help you determine if you have a claim and help you understand what deadline for taking action actually applies in your case.

November 30, 2011

The Lawyer I Talked To Has No Support Staff!

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

I interviewed a personal injury lawyer about my truck wreck case the other day. I met with him in his office and it looked like he worked all alone – no secretary, no paralegal, no other lawyers. Is that something I should be concerned about?

Concerned? I don’t know that I would go that far. I do think that the absence of a support staff is a factor that you should consider in determining who you want to be your lawyer.

Lawsuits of any size are a team effort, and each person in the office plays an important role in helping preparing the case and maximizing the recovery for the client. Thus, I believe you should look at the other lawyers and staff in the office and determine whether they can work as a team to help you with your case.

November 25, 2011

What’s Wrong With Texting and Driving?

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

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.

November 21, 2011

What Happens If There Are Multiple Victims and Limited Insurance Coverage?

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

I was in a a bad car accident involving a car and a truck. Two people were hurt, and one person was killed. The total liability insurance available is a single limit policy of $300,000 and the at-fault driver does not have any assets. The insurance company has offered the group of us $300,000. How will the money be divided?

Hopefully, the money will be divided by agreement without the need for litigation. Those negotiating the case should be driven by what would happen if no agreement was reached. In other words, people should negotiate with the idea of how a court would divide the money if there was a trial.

A court would divide the $300,000 on a pro rata basis depending on the value of the claim. So, if all three claims had a total value of $3,000,000, each claimant would receive 10 cents on the dollar of his or her claim. For example, if one claim was worth $500,000, that claimant would only receive $50,000 of the total monies available.

October 26, 2011

Should I Hire an Out-of-State Lawyer for My Truck Wreck Case?

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

I was hurt in an accident with a big truck. I live in Tennessee and the wreck occurred in Tennessee. My research has identified a bunch of out-of-state lawyers who say they specialize in my type of case. Can I hire an out-of-state lawyer to represent me in this case?

Yes, although the out-of-state lawyer must either have a Tennessee law license or must work with a Tennessee lawyer on the case.

The more important question is why would you hire an out-of-state lawyer to represent you? There is a real advantage to hiring a lawyer who is familiar with Tennessee law (the law of every state is a little different) and who knows the way our legal system works. There are some very good trucking accident attorneys in this state and thus it rarely makes sense to go to the trouble of finding an out-of-state lawyer to work on a case.

October 25, 2011

I Was Hit By a Mail Truck! Can I File A Lawsuit?

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

I was in an automobile wreck with a truck driven by a mail truck. The wreck happened on the interstate in Robertson County, Tennessee. Can I sue the driver and the Post Office for my injuries?

You can sue the Post Office, but there is a special process that must be followed. The Post Office can only be sued in federal court after the failure of a special claims process.

The law that gives you the right to sue the Post Office is the Federal Tort Claims Act. The claim must be filed within two years of the date of the accident. A special claim form must be used to file the case with Post Office. If Post Office rejects the claim or does not act on it within six months you will have to file suit in federal court.

September 1, 2011

Deadlines for Bringing a Truck Or Bus Wreck Lawsuit in Tennessee

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

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.

August 18, 2011

Should I Hire A Lawyer Who Seems to Have Good Results But Also Seems Like a Jerk?

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

I was involved in a wreck with a big truck. I am now out of the hospital and need to hire a Tennessee personal injury attorney. I met with a lawyer. He seemed like he knew what he was doing but he was a jerk and his office was an absolute disaster – I don’t know how he can find anything in there. I am nervous about hiring him, but I am not sure what I should do.

Lawyers are people (really!) and have different personalities. There are some inaccuracies in every generalization, but most lawyers would agree that lawyers who successfully try personal injury and wrongful death cases tend to more aggressive than passive, more self-confident (or perhaps even arrogant) than unusually humble, and better communicators than certain other types of lawyers. Frankly, lawyers who lack self-confidence do not belong in courtrooms.

Thus, before you hire a lawyer you need to meet the lawyer – it was very wise of you to do that. Do not rely solely on a commercial or a website description of the lawyer or the lawyer’s firm. Sit down and talk with the lawyer, preferably in the lawyer’s office, and try to figure out if (a) the lawyer is the type of person you want to work with during the pendency of your case; and (b) the lawyer is the type of person you want as your advocate before a jury if your case has to be tried. Use your common sense in making this decision, remembering that if the lawyer comes off as a jerk to you he will probably come off as a jerk to a judge and jury.