Truck Accidents

April 25, 2011

Kentucky Resident Hurt in Wreck in Tennessee – Do I Need a Tennessee Lawyer?

I live in Kentucky but was injured in a wreck with a big truck on Interstate 40 right outside of Nashville. Do I need a Tennessee lawyer?

You will almost certainly need a Tennessee lawyer. A Kentucky lawyer will probably not be familiar with Tennessee law and will not be able to file a lawsuit here. Quite candidly, an experienced personal injury lawyer from Kentucky would probably be able to negotiate a settlement for you, but once again may be hampered by a lack of knowledge of Tennessee law and procedure that could impact the value received at settlement.

If your hire a Kentucky lawyer he or she will probably ask the assistance of a Tennessee lawyer to help him or her with the case. I have helped lawyers from dozens of states in this situation, and it works quite well if the out-of-state lawyer calls us early enough to protect your rights. Tennessee law requires that such cases be filed within one year of the date of accident and, unfortunately, several times a year I get a call from an out-of-state lawyer who missed the one year deadline.

March 31, 2011

Wreck in a Parking Lot

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

My car was broad-sided in a high school parking lot by a student who was not paying attention. There are two witnesses and the student admitted it was his fault. However, the police would not come because they said that the wreck did not happen on a public street. Does that fact that this wreck happened in a parking lot affect my rights to seek damages for the injuries I received in the wreck?

Not under Tennessee law. All drivers have the obligation to exercise reasonable care at all times, and that includes the operation of a vehicle in a parking lot.

The fact that a police officer did not appear is not fatal to your case, particularly if there were others present that saw the wreck. I hope you got the names and contact information of these witnesses and, if you did, make sure you hold on to that information. I assume that you also got contract information for the other driver.

March 28, 2011

What Does It Mean When You Have Uninsured Motorist Insurance Policy Limits of $50,000 / $100,000?

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

I live in Tennessee. I was in a car wreck in Clarksville and got hurt. It was the other driver’s fault. The other driver has no insurance. I looked at my automobile insurance policy and it says that I have uninsured motorist insurance of $50,000 / $100,000. What does that mean?

It means that for any one car wreck that is the fault of another driver who does not have any insurance your insurance company will pay you up to $50,000 in losses and damages you suffer. If more than one person in your vehicle is injured in the wreck, the company will pay up to $100,000 to all of the persons in your vehicle who were injured and covered under the policy but no more than $50,000 for any one person.

Note that each person who is injured does not automatically get $50,000 – they must demonstrate amount of their damages and can recover up to $50,000 each.

Your policy also provides your protection if the at-fault driver was underinsured. For example, assume that the driver that hit you was from another state and had a liability insurance policy that provided the driver $10,000 / $20,000 in liability insurance coverage. That means that for any one car wreck that was the other driver’s fault his insurance company will pay a person injured in the wreck up to $10,000 in losses and damages they suffer. If more than one person is injured in the wreck, the company will pay, on the at-fault driver’s behalf, up to $20,000 but no more than $10,000 for any one person.

March 24, 2011

What Does It Mean When You Have Uninsured Motorist Insurance Policy Limits of $250,000 / $500,000?

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

I live in Tennessee. I was in a car wreck in Lebanon, Tennessee and got hurt. It was the other driver’s fault. The other driver has no insurance. I looked at my automobile insurance policy and it says that I have uninsured motorist insurance of $250,000 / $500,000. What does that mean?

It means that for any one car wreck that is the fault of another driver who does not have any insurance your insurance company will pay you up to $250,000 in losses and damages you suffer. If more than one person in your vehicle is injured in the wreck, the company will pay up to $500,000 to all of the persons in your vehicle who were injured and covered under the policy but no more than $250,000 for any one person.

Note that each person who is injured does not automatically get $250,000 – they must demonstrate amount of their damages and can recover up to $250,000 each.

Your policy also provides your protection if the at-fault driver was underinsured. For example, assume that the driver that hit you had a liability insurance policy that provided the driver $100,000 / $300,000 in liability insurance coverage. That means that for any one car wreck that was the other driver’s fault his insurance company will pay a person injured in the wreck up to $100,000 in losses and damages they suffer. If more than one person is injured in the wreck, the company will pay, on the at-fault driver’s behalf, up to $300,000 but no more than $100,000 for any one person.

March 23, 2011

Can My Statement on the Accident Report Be Used?

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

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.

March 18, 2011

Why Contact A Lawyer Quickly When Injured in a Truck Wreck?

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

My husband was in a serious truck wreck yesterday and was badly injured. Some people are saying that I should get a lawyer right away but I don’t see the reason for it. I really want to wait and see how my husband does and get his input on who the lawyer should be. Why shouldn’t I wait?

You should not wait because the trucking company is probably already gathering evidence to use in the case. I came upon this blurb on the website of a law firm that represents trucking companies:

[Our] transportation group has created a rapid response team that is available 24/7 to immediately respond to your clients’ needs with respect to serious injuries, fatalities and catastrophic losses.

March 17, 2011

What Does It Mean When You Have Uninsured Motorist Insurance Policy Limits of $25,000 / $50,000?

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

I live in Tennessee. I was in a car wreck in Nashville and got hurt. It was the other driver’s fault. The other driver has no insurance. I looked at my automobile insurance policy and it says that I have uninsured motorist insurance of $25,000 / $50,000. What does that mean?

It means that for any one car wreck that is the fault of another driver who does not have any insurance your insurance company will pay you up to $25,000 in losses and damages you suffer. If more than one person in your vehicle is injured in the wreck, the company will pay up to $25,000 to all of the persons in your vehicle who were injured and covered under the policy but no more than $50,000 for any one person.

Note that each person who is injured does not automatically get $25,000 – they must demonstrate amount of their damages and can recover up to $25,000 each.

March 11, 2011

What Does It Mean When You Have Uninsured Motorist Insurance Policy Limits of $100,000 / $300,000?

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

I live in Tennessee. I was in a car wreck in Nashville and got hurt. It was the other driver’s fault. The other driver has no insurance. I looked at my automobile insurance policy and it says that I have uninsured motorist insurance of $100,000 / $300,000. What does that mean?

It means that for any one car wreck that is the fault of another driver who does not have any insurance your insurance company will pay you up to $100,000 in losses and damages you suffer. If more than one person in your vehicle is injured in the wreck, the company will pay up to $300,000 to all of the persons in your vehicle who were injured and covered under the policy but no more than $100,000 for any one person.

Note that each person who is injured does not automatically get $100,000 – they must demonstrate amount of their damages and can recover up to $100,000 each.

February 22, 2011

I Think I Am Under Surveillance

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

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.

February 17, 2011

Can A Parent of an Adult Child File a Personal Injury Case for the Adult Child?

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

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.