Tennessee Injury Law Center : Lawyers for Personal Injury and Wrongful Death : Serving Memphis, Nashville, Knoxville

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.

The Virginia Tech Transportation Institute reports that a texting driver is 23 times more likely to get into a crash than a non-texting driver. Additionally, 82 percent of young adult drivers (16-24) have admitted to reading a standard text message while driving, according to a national survey conducted by the Ad Council.

So, do not assume that your luck will continue.  

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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.

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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.

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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.

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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.

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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.  

However, you may be able to recover damages for emotional distress if you saw or heard the dog attack your son or came up on the scene of the event shortly after the dog attack occurred.    An experienced personal injury lawyer can tell you whether you qualify for recovery of this type of damages - they are dependent of the details of your case and your emotional injuries, if any.

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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.

If a custodial parent refuses to file a lawsuit for a child and the non-custodial parent believes that a lawsuit should be filed, an experienced personal injury  lawyer can explain the steps you must take to assert the claim.

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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.

Sometimes their judgment is right.  Sometimes it is wrong.   But at the end of the day, they know that they can solve their mistake of evaluating a case and not offering enough money to settle it by writing a check for more money than they wanted to pay.  They don't like to write the big check, but they are in the risk business and if they are wrong they get out the pen and write the check (after an appeal, etc.)

The evaluation of a case is very complex, and you need an experienced lawyer to guide you through the litigation process.  One factor the insurance company considers in evaluating risk is the quality of lawyer the adversary has hired.  The fact of the matter is that who you hire as a lawyer almost always makes a difference in the recovery you obtain in a case, whether by settlement or a trial.

If you don't know how to select a lawyer in a personal injury or wrongful death case, read here.

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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.

Bus drivers cannot drive more than ten hours in one shift before taking a break. However, bus drivers are only required to be off duty for eight hours between shifts (instead of the ten hours for truck drivers), and can stay on duty for up to fifteen hours from the time they clock in for a shift.

There are also limits on the amount of time a commercial vehicle driver can be on duty in a week, depending on what type of company the driver works for.

In order for police to check whether a driver is complying with the law, truck drivers and bus drivers are required to keep log books detailing, for every fifteen minutes, whether the driver is driving, at work but not behind the wheel, completely off duty, or sleeping in a bed in the back of the vehicle's cab.

Truck drivers and bus drivers are required to check their vehicles and cargo before and after driving to make sure there are no safety issues, and to keep records of each time they checked and the vehicle's mileage at the time.

Both truck drivers and bus drivers are legally required to pull over and stop driving if the weather or road conditions become too dangerous.

If a truck or bus driver is involved in an accident and either the driver gets a ticket or someone dies as a result of the accident, the driver is required to promptly take a drug and alcohol test.

These are just a few of the  numerous rules that apply to those that drive commercial vehicles in interstate commerce. It is important to hire a lawyer that has substantial experience in this field to assist you in these cases.

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I was hurt in a car accident.  I received a broken arm and a back injury.  The arm is now fine but my back still hurts.  My friend has recommended that I go to her chiropractor for treatment.  Should I?

Tough question.  Have you had any treatment by an orthopedic surgeon?  Have you ever seen a chiropractor before?  Indeed, have you discussed this with your family doctor?

I believe in chiropractic treatment but many insurance companies and juries discount it severely in Middle Tennessee.  To the extent that you want to make a claim and have the other driver's insurance company pay for your treatment you may wish to pursue conventional medicine first and see if that helps you.

Note that I am not suggesting that you seek medical treatment you don't believe in.  If you don't have confidence in treatment of back injuries through conventional medicine then don't go to that type of doctor.  But, if you go to a chiropractor first, be prepared to have to fight to get those bills covered by the other driver's insurance company.

To you chiropractors out there:  I am not maligning your profession.  I am just stating my view of the insurance industry's take your efforts to treat accident victims.  I think it is unfair, but I still believe that insurance companies in this area discount claims where the only treatment has been chiropractic.

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I was in an intersection wreck.  I say it was the other guy's fault.  He says it was my fault.  Who decides who was at fault?

If a lawsuit is filed a jury usually decides who is at fault (unless a jury is not requested by either party to the case, in which event a judge decides).  The jury will listen to your side of the story, the other driver's side of the story, the testimony of any witness, and review any physical evidence at the scene.   Sometimes expert witnesses are hired to explain what happened.

At the end of the day the jury considers all of the evidence, hears the law explained by the judge and uses common sense to decide who probably caused the wreck.  Under our system of justice, the person who files a lawsuit only needs to prove that more likely than not the other driver caused the wreck.  If the person who files the case is unable to prove that the other driver more likely than not caused the wreck the case will be lost.

An experienced personal injury lawyer knows how to gather the evidence, help you present it to a jury, and how to try to persuade the jury to find in your favor. A lawyer uses many of the same skills before a trial to try to persuade the insurance adjuster for the other driver that a jury will find the other driver at fault and therefore the insurance adjuster should settle a case in your favor.

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I was hurt in a car wreck six months ago.  It wasn't my fault.  I have been waiting for over a year for the case to settle.  I lost three months of wages and have had to pay some medical bills that were not covered by my health insurance.  Can I get the insurance company to pay interest on my settlement?  It doesn't seem fair that they can delay my settlement and not have to pay interest.

Not under Tennessee law.   Tennessee law does not permit the recovery of interest in personal injury or wrongful death lawsuits.  

The only exception to this rule is if you win a case and a judgment is entered by the court you are permitted to recover interest.  Interest accrues at the rate of 10% per year on the amount of the judgment that is unpaid.  

For example, if you win a judgment of $365,000 at a jury trial in Tennessee you are entitled to collect interest of $100 per day from the date of the jury verdict until the date the judgment is paid.  If a partial payment of the judgment is made the interest is payable only on the unpaid portion of the judgment.  (Note:  you have to pay income taxes on the interest that you are paid.  Be sure to talk with you tax advisor about this.)

The inability to collect interest on personal injury and wrongful death lawsuits (unless a judgment is entered) is yet another reason why you want to hire a lawyer who will work to finish your case promptly.  

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 I have a personal injury case going to try in Cookeville, TN next month.  How many jurors need to vote for me for me to win?

You will probably have a 12-person jury.  That is the typical number of jurors in a civil jury trial in Tennessee.  You and your opponent may agree to a lesser number of jurors, but you will almost certainly have 12 jurors (and one or more alternate jurors) hear the case.

All twelve jurors must vote for you for you to win the case.  Some states permit a lesser number (10 of 12, 9 of 12) but in Tennessee the jury verdict must be unanimous unless the parties to the lawsuit agree on that the verdict may be something other than a unanimous verdict.  For obvious reasons, the defense will rarely agree to such a proposal.

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I was in a car wreck last week.  I was hurt pretty bad.  I got home from the hospital last night and a lawyer called me and said that he wanted to represent me in my case.  I have no idea who this guy is or how he got my name and telephone number.  Nobody in my family has ever heard of him.  Can he call me like this?  Should I hire him?  He said he could get me a lot of money.

This lawyer is a scumbag - not only should you not hire him but you should report him to the Tennessee Board of Professional Responsibility.  Rule 7.3(a) of the Rules of Professional Conduct says this about soliciting a potential client by telephone:  "(a) If a significant motive for the solicitation is the lawyer’s pecuniary gain, a lawyer shall not solicit professional employment by in-person, live telephone, or real-time electronic contact from a prospective client who has not initiated the contact with the lawyer and with whom the lawyer has no family or prior professional relationship."  The Comment to the rule explains why is exists:

[1] There is a potential for abuse inherent in direct in-person or live telephone contact by a lawyer with a prospective client known to need legal services. These forms of contact between a lawyer and a specifically targeted recipient subject the layperson to the private importuning of the trained advocate in a direct interpersonal encounter. The prospective client, who may already feel overwhelmed by the circumstances giving rise to the need for legal services, may find it difficult fully to evaluate all available alternatives with reasoned judgment and appropriate self-interest in the face of the lawyer’s presence and insistence upon being retained immediately. The situation is fraught with the possibility of undue influence, intimidation, and overreaching.

A lawyer who engages in this conduct is subject to various types of discipline and, in fact, risks loss of his or her license to practice law.

So, why should you care?  I mean, you just need a lawyer, and if the lawyer has undertaken the initiative to seek you out, didn't that just make your job easier?

Here is why you should care.  Every law student is taught that this lawyer cannot do what he did. The prohibition is reinforced in legal seminars for practicing lawyers.  So, you have to ask yourself these questions:  If a lawyer is willing to violate the rules of the profession to get my case, why should I believe that he will follow other rules that are designed to protect my interests?  Why should I believe that he will honestly communicate with me?   Why should I assume that a cheater will only cheat once?   Why should I take the risk that he might cheat me?  Why should I take the risk that he might try to cheat my opponent, get caught and hurt my case?

So, don't hire a lawyer who calls you out of nowhere trying to solicit your case.  Instead, read our legal guide "Understanding How to Hire a Lawyer in Personal Injury and Wrongful Death Cases" to learn about the factors you should consider in determining what lawyer to hire for your case.

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I was hurt in a car wreck.  My back and leg were injuried.  I don't need surgery right now but who knows what will happen 10 years from now.  Can I settle my case for my medical bills, my lost wages, and my pain and suffering and an agreement that the at-fault driver will pay my future medical bills if I have any?

You can try, but in 29 years as a lawyer I have never seen the argument work.  If the at-fault driver's insurance company believes that its driver is at fault and they want to settle the case, they want to settle all personal injury-related claims at one time.   (They will usually settle property damage claims seperately.)   They will not agree to leave open the issue of future medical expenses.

Thus, if a doctor says you will probably need a future surgery because of the injuries you sustained in the wreck, the cost of that surgery and related damages can be part of settlement negotiations.  If the doctor says that future surgery is possible, then the amount of the possible surgery cannot be included.  If there is a trial, the court will allow testimony only on whether a future surgery is probable and, if a doctor says it is, then the court will allow presentation of evidence on the cost of the surgery and related damages.

I hasten to add that worker's compensation cases are different and, in those cases, it is very common that the employer bears the responsibility of paying future medical bills related to the injury even after a settlement or trial.  Be sure to ask your worker's compensation lawyer what responsibility the employer will have for your future medical bills before you accept any settlement proposal.

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I was hurt in a boating accident.   It was the other guy's fault.  The doctor said that as I result of my injuries I might need knee surgery one day.  Can I recover damages for the cost of that surgery?

You can recover damages for a future surgery only if a doctor says it is reasonably likely to occur.  If the surgery is merely possible or might happen, the law of Tennessee does not permit you to ask a judge or jury to award damages for the cost of that surgery.

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I was in a car wreck about 6 months ago.  The other driver admitted fault.  My medical bills are about $25,000.   I have been released by my doctor.  My lost wages are $2000.   How quickly will my case settle?

At the outset you need to understand that your case may not settle at all.  In Tennessee the insurance company does not have a duty to settle your case and in fact does not even owe you a duty to fairly evaluate your case.    It can settle a case, or not settle a case, on whatever schedule it wants to put in place.

However,  if the insurance company wants to settle the case it needs to have information from your lawyer.  At an absolute minimum, the company needs the accident report, your medical records and bills, perhaps some of your previous medical records, proof of lost wages from your employer, and an understanding of how the injuries have impacted your life.  To the extent you claim a permanent injury, future medical expenses, future loss of earning capacity, or other damages, the insurance company will need proof of that.

Lawyers communicate this information by way of a settlement demand.   All of the relevant information is gathered and the important information is highlighted in a letter.  In our office we attempt to gather all of this information before your are released from your doctor (except the final office note) and have a demand package ready to go to the insurance company within thirty days of when medical treatment is complete.  Lack of cooperation from one of the providers of information will affect our ability to get the demand package out on time.

Insurance companies always ask for more time to evaluate the demand package.  Then, the negotiations start and those can last several weeks even if everyone agrees that the case should be settled.

So, the short answer to your question is there are too many variables to say if your case will be settled and how quickly it will be settled.   It is fair to say that a case cannot settle if your attorney does not promptly gather and exchange information with the insurance company.  This is yet another reason to hire an experienced personal injury lawyer who will aggressively pursue your rights.

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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.

The right to file suit is different than the right to receive any money that results from a wrongful death lawsuit.  For example, under Tennessee law, a sibling will receive proceeds from a wrongful death lawsuit only if the decedent was unmarried, had no children and was predeceased by his parents.

All of this can get a little complicated.  An lawyer who has experience with wrongful death claims can guide you through the process.  Under Tennessee law, you should assume that a wrongful death claim must be filed within one year of the date of the injury that later results in death unless and until a lawyer familiar with all of the facts tells you that you have more time.

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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). 

An experienced personal injury lawyer will know how to help you through this process.   Remember that in Tennessee a personal injury claim must be filed against the responsible people within one year of the date of the accident.   Under these circumstances you will need act even more promptly than usual because the lawyer you hire will need to do extra work to get an estate opened for the decedent so that suit can be filed within one year of the date of the accident.

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 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.

Thus, I recommend that you talk to a lawyer before giving a statement.   

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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.

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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.  

A police officer who see a wreck can be asked to testify about what he or she saw.  He or she can also be asked about what the people involved in the lawsuit said after the wreck and about measurements taken at the scene of the wreck.   But the police report cannot be introduced into evidence absent extraordinary circumstances, whether the officer is there or not.

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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.

At an absolute minimum you will be able to recover your unpaid child support.  Tennessee law provides that parent cannot recover damages from a wrongful death suit  until all child support arrearages have been paid in full to the parent ordered to receive the support (plus interest).    Thus,  if your child's father had visited your child within the last two years or but had not been paying child support he would have to re-pay you out of the any portion of the money he was entitled to receive.

An experienced wrongful death lawyer can help you navigate through these issues.

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I was hurt in a truck wreck, and someone told me that truck drivers and trucking companies have special rules to follow.  Is that true?

Yes.  In addition to the normal rules of the road (stopping a stop signs, driving the speed limit, etc.)  truck drivers and trucking companies have a large number of federal regulations and state laws that they must follow.  These special laws are designed to make our highways more safe.  

To learn more about this subject, read our Legal Guide called "Understanding Truck Wrecks in Tennessee."

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I was visiting Nashville on a bus tour that started in Rockford, Illinois.  The bus driver wasn't paying attention, ran a red light, and our bus got hit on the side by a pick-up truck that was coming from our left.  The truck hit the bus right under where I was sitting, and I received a broken ankle.  I have missed three weeks from work and incurred lots of medical bills.  What are my rights? 

Bus companies that operate in interstate commerce have an obligation to follow federal laws that are very similar to the laws that over-the-road truckers have to follow.  They must register with the federal government and follow numerous regulations designed to enhance passenger safety.  Some of these regulations include strict rules about how many hours a day the driver can operate the bus and the qualifications of the bus driver.   Others ban the use of drugs and alcohol before driving and require testing of bus drivers after certain types of accidents.

Since it appears the bus driver was at fault and the wreck occurred in Tennessee, Tennessee law will apply and you will be able to recover damages for lost wages, lost future earning capacity, past and future medical expenses, pain, suffering, disability, disfigurement and loss of enjoyment of life. Federal law may also play a role, because a violation of federal regulations applicable to the driver or the bus company may be admissible in the Tennessee case.

You need an experienced Nashville personal injury lawyer to help you with this matter.  Please remember that you have up to one year from the date of the injury to file suit for this matter.  However, you need to know that the bus company has certain documents that may be relevant to this case that may be destroyed in the months following the wreck, and therefore you should hire a lawyer as soon as possible so that he or she can take steps to get the bus company to preserve those records.

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