Car Accidents

Car accidents in Tennessee often result in serious injuries, financial losses, and emotional distress. Tennessee follows an at-fault system under T.C.A. § 55-8-101 et seq., where liability is determined by establishing negligence, such as speeding, distracted driving, or failure to yield. This typically requires evidence like police reports, witness statements, and dashcam footage. Compensation claims are pursued through the at-fault driver's insurance, covering medical expenses, lost wages, pain and suffering, and property damage.

 

The statute of limitations is one year from the date of the accident (T.C.A. § 28-3-104), so prompt action is essential to preserve your rights.
 

Immediate Steps After an Accident

1. Prioritize Safety and Medical Attention: Move vehicles to a safe location if possible, and call 911 for any injuries or significant damage. Seek medical evaluation promptly, as conditions like whiplash may not appear immediately but can develop over time.

2. Document the Scene: Take photos of the vehicles, road conditions, injuries, and license plates. Collect contact information from witnesses and request a copy of the police report, which can be obtained from the Tennessee Highway Patrol or local police department.

3. Report to Insurance: Notify your insurer and the other driver's insurer as soon as possible, but avoid discussing fault or providing recorded statements without guidance—these can be used against you.

4. Record Expenses and Losses: Keep detailed records of all related costs, including medical bills, vehicle repairs, rental cars, and time missed from work, to support your claim.
    

Building and Pursuing a Claim
 

At The Evans Law Firm, our team assists clients in navigating the claims process with a focus on thorough investigation and documentation:
 

• Determining Liability: We review evidence such as accident reconstruction reports and traffic camera footage to establish fault. Tennessee's modified comparative negligence rule (T.C.A. § 29-39-102) reduces recovery proportionally to your fault percentage but bars it entirely if you are 50% or more at fault.

• Calculating Damages: We gather medical records, employment verification, and expert assessments to quantify both economic losses (e.g., bills and wages) and non-economic damages (e.g., pain and suffering). In cases involving reckless behavior like DUI, punitive damages may be available under T.C.A. § 29-39-104.

• Dealing with Insurance: We request disclosure of policy limits and handle communications to address potential denials. If an insurer acts in bad faith, we can pursue additional remedies under T.C.A. § 56-7-105.

• Settlement and Litigation Options: Most cases resolve through negotiation or mediation. If needed, we prepare for circuit court proceedings, emphasizing clear evidence of impact on your life.

• Addressing Special Circumstances: For uninsured or underinsured drivers, we explore coverage under your own policy. In multi-vehicle or catastrophic injury cases, we coordinate with specialists to ensure comprehensive recovery, including structured settlements for ongoing needs.
   

If you've been injured in a car accident, we offer a free consultation to discuss your options. Contact The Evans Law Firm today.