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

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.

Mental or emotion pain and suffering includes anguish, distress, fear, humiliation, grief, shame, or worry.

Disfigurement is a permanent injury that impairs a person’s appearance. This includes permanent scars and lost limbs.

Lost capacity for the enjoyment of life compensates the injured person for limitations put on the ability to enjoy the pleasures of life as a result of an injury. This includes the inability to engage in activities you once enjoyed.

Disability is the loss of your ability to do the same physical things that you did before you were injured.

Loss of earning capacity is the loss of your ability to work and earn money. It may be an amount equal to your lost wages as a result of the injuries you received in the incident. If you have suffered permanent injuries that affect your ability to work and earn money, it includes those monies you are likely to lose in the future because of your injuries.

The reason loss of earning capacity may exceed lost wages is because sometimes it can be shown that a person is earning a particular wage only temporarily and will be progressing up the income ladder. For example, if a college student is injured and can never work again, it would be unfair to say that the student’s earning capacity is what he or she was making at a part-time job at McDonald’s. Instead, expert witnesses are employed to demonstrate the likely earnings of the student over his or her work-life expectancy if the injury had not occurred.

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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. 

An experienced Tennessee car accident attorney or Tennessee truck accident attorney can examine your insurance policy and tell you whether you have this insurance coverage, the amount of the coverage, and whether any limitations in the law or the insurance policy limit your rights.  If you do not appear to have uninsured motorist coverage this attorney can also help you determine whether you waived your right to purchase the coverage in the manner required by Tennessee law.

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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. 

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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.

For instance, in our larger cases we almost always have two or more lawyers working on every case. Why? Assigning two or more lawyers to every case means that if one lawyer is busy in trial or is out-of-state taking depositions in other cases work can still be done on your case.

We also employ others to help the lawyers pursue personal injury and wrongful death cases.  We have a paralegal assigned to each case.  We have a full-time medical records coordinates who orders and organizes medical records and billing.  We have a full-time nurse to help with medical issues.  And, we have an in-house accountant to help us manage the financial aspects of the case.

In conclusion, I believe that you should hire a law firm that has what a football coach would call “depth.”   While it is possible for one person to do all of the things that our team does for any given client, we believe that employing high-quality personnel improves the service our clients have a right to expect.

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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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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.

So, you can see why I said that the parties must negotiate with this in mind.  At the end of the day, no one will receive a just amount under these circumstances.  But the amount of injustice suffered by each party will be equal, that is, each party will get the same percentage reduction.

So, the controversy in settling these cases is determining the value of each case (which is frequently true) compounded by the knowledge that every party will receive an unjust amount.

I hasten to add that the situation gets more complicated if the insurance policy is a split limit policy such as a $50,000 / $100,000 policy.

My work as a car accident attorney and truck accident lawyer has lead to my involvement in many cases where multiple claimants were seeking recoveries from limited funds.  We offer free consultation in all personal injury and wrongful death cases.

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 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.  

If you hire an out-of-state lawyer read the employment agreement carefully and see if you bear the responsibility for travel expenses.  You may be responsible for the lawyer's travel expenses and those expenses will decrease your recovery.

I would encourage you to research the Tennessee lawyers who have experience in trucking cases before you think about hiring an out-of-state lawyer who may not know Tennessee law in trucking cases or the Tennessee law of procedure or evidence.  How do you choose the right lawyer for you?  Read our Legal Guide on the subject.  You may also find this Legal Guide helpful:  Understanding Truck Wrecks in Tennessee.

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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 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.

Why do we recommend meeting the lawyer in his or her office? It has nothing to do with the convenience of the lawyer. A lawyer’s office may provide valuable information about the lawyer. Does it appear well-organized? Is it clean? Does it present a professional appearance? Are you treated with respect by other employees of the firm? Does the lawyer meet with you at the appointed time? Is he or she prepared for the meeting? Are you given the opportunity to ask questions? Are those questions answered in language you can understand?

This is not to say that a lawyer needs to have a fancy office in a fancy building to be a good lawyer. Indeed, a fancy office may just be a sign that the lawyer spends money on material things that make it appear that he or she is knowledgeable and successful when the reality is quite different. That being said, the appearance of a lawyer’s office says something about the lawyer.

Many lawyers offer to visit with you at your home or even if the hospital if your circumstances are such that you cannot come to their office. This is often an offer made for your convenience, and should be viewed as such. However, unless you or a trusted loved one has researched the other factors on this list carefully before a home or hospital visit by a lawyer, most lawyers would recommend that you not to hire a lawyer simply because he or she advertises or offers to visit with you at your home or at the hospital.

You should also pay careful attention to whether and how the lawyer explains the law and what he or she will do to investigate your case. Your lawyer should be able to articulate the law to you in words you understand. If the lawyer cannot do so you should understandably question whether he or she will be able to articulate your position before a jury. You should ask the lawyer questions about anything you do not understand, and if the lawyer will not take the time to answer your questions, or does an inadequate job of answering them, you need to be concerned. Communication is a key part of the attorney-client relationship, and a lawyer who cannot communicate effectively at the initial client meeting may have difficulty communicating with you as the case progresses and difficulty communicating with a judge or jury.

You should also be very wary of a lawyer who offers only positive thoughts about your case. This is a difficult thing for some people to understand, but excellent lawyers strive to be objective during their conversations with their clients. That is, the best lawyers understand that it is their job to learn, evaluate and communicate the strengths and weaknesses of every case, and not just tell the client or potential client what they want to hear. Almost every case has a weakness, and the lawyer should be able to articulate those the weaknesses in a case very early based on the information that is available. You want to know about both the strengths and weaknesses of your case because both impact the value of your case. A lawyer who does not discuss case weaknesses either does not recognize them or is afraid of hurting the client’s feelings by having an open and honest discussion about the case. Excellent lawyers know that such conversations are an essential part of the attorney-client relationship, and know how to communicate their concerns without offending the client.

In summary, you want a lawyer who will be your effective advocate, but you also want one who can recognize and appropriate handle any negative aspects of your case. You also want a lawyer to tell you the truth about the positive and negative aspects of your case so that you have a full understanding of what is necessary to win your case and how any negative aspects of the case will affect your ability to do so. Finally, you want a lawyer who has compassion for your situation, the ability to communicate the law to you, and a professional appearance.

Want to learn more about what you should consider when trying to decide who you should hire as a Tennessee personal injury or wrongful death lawyer?  Read out Legal Guide.

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  I am involved in a truck accident  case in Tennessee state court .  How many jurors must agree to a given result?

Unless the parties to the lawsuit agree otherwise, twelve jurors will decide the case and all twelve must find in favor of the plaintiff (the person bringing the lawsuit) or the defendant (the person or entity that has been sued.)  If less than twelve people agree on the outcome, the judge will declare a mistrial and the case will have to be tried again.

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 I was in a bad car wreck.   I had $100,000 in medical bills and missed fifteen weeks of work  (I make $1200 per week as a plumber).   I am probably going to have to have another surgery.  My doctor also says I will have arthritis in my left leg for the rest of my life.   I just found out that the person who hit me only has $100,000 of liability insurance.   That is not enough for what she did to me.   Can I force the person who caused the wreck to pay me out of his pocket?

A person or company is always liable for all of the harm they negligently cause.  A person purchases insurance to reduce his or her own risk of coming out of pocket to pay for that harm, but if the harm caused exceeds the amount of insurance purchased  she is liable for the rest.  

The problem, of course, is collecting from a person who causes harm.  To make a payment to the injured person over and above the amount of insurance the person who causes harm must have assets, income, or both.   Many people have very few assets and insufficient income to make a payment to the person who they hurt.   If pressed, these people will often just file bankruptcy and the bankruptcy court will discharge the obligation.   (There are some exceptions to this.  For example, the bankruptcy court will not discharge the lawsuit-related obligation of a drunk driver or a person who intentionally harms another.) 

An experienced personal injury lawyer will help you evaluate the factors you should consider in determining how hard to press the defendant to make a personal contribution over and above the liability insurance policy available for the claim.  This often requires an attempt to get the at-fault driver to disclose his assets and income information.  Smart people do this, knowing that the failure to do so will result in a lawsuit and probably bankruptcy.

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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.

So, you can hire a lawyer back home or you can hire a Tennessee lawyer from the outset.  We recommend that you read our Legal Guide "Understanding How to Hire a Lawyer in Personal Injury and Wrongful Death Cases" before you hire a lawyer in either state.

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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.

You need to report this wreck to your auto insurance company as soon as possible.  It is also recommended that you speak with a lawyer before giving a statement to the insurance company - either your company or the other driver's company.   Any statement you give can be used against you in a later proceeding.

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Uninsured motorist coverage is a very complicated subject.   Tennessee has some very peculiar rules that govern uninsured motorist cases.  We offer a free consultation to people who have been involved in accidents and believe that they may have an uninsured motorist claim.  

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Uninsured motorist coverage is a very complicated subject.   Tennessee has some very peculiar rules that govern uninsured motorist cases.  We offer a free consultation to people who have been involved in accidents and believe that they may have an uninsured motorist claim.  

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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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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.

Thus, it is not uncommon for trucking company claims representatives or lawyers to be on the scene of a wreck gathering evidence, talking to witnesses, and preparing a defense to the case.  If the victim of the wreck does not do the same thing evidence may disappear and recollections of witnesses may fade.

You would be advised to seek the advice of an experienced trucking company lawyer as soon as possible.  Read here to see what qualifications you should seek.  Read here to learn more about litigation against trucking companies.

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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?

Uninsured motorist coverage is a very complicated subject.   Tennessee has some very peculiar rules that govern uninsured motorist cases.  We offer a free consultation to people who have been involved in accidents and believe that they may have an uninsured motorist claim. 

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  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?

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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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 I was hurt in a wreck with a big truck in Tennessee?  What damages are available in a trucking accident claim?

Answer: In a personal injury cases, you 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.

Mental or emotion pain and suffering includes anguish, distress, fear, humiliation, grief, shame, or worry.

Disfigurement is a permanent injury that impairs a person’s appearance. This includes permanent scars and lost limbs.

Lost capacity for the enjoyment of life compensates the injured person for limitations put on the ability to enjoy the pleasures of life as a result of an injury. This includes the inability to engage in activities you once enjoyed.

Disability is the loss of your ability to do the same physical things that you did before you were injured.

Loss of earning capacity is the loss of your ability to work and earn money. It may be an amount equal to your lost wages as a result of the injuries you received in the incident. If you have suffered permanent injuries that affect your ability to work and earn money, it includes those monies you are likely to lose in the future because of your injuries.

The reason loss of earning capacity may exceed lost wages is because sometimes it can be shown that a person is earning a particular wage only temporarily and will be progressing up the income ladder. For example, if a college student is injured and can never work again, it would be unfair to say that the student’s earning capacity is what he or she was making at a part-time job at McDonald’s. Instead, expert witnesses are employed to demonstrate the likely earnings of the student over his or her work-life expectancy if the injury had not occurred.

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 I was in a car wreck last week.  It was not my fault.  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 but I know I should not talk to him.  Now my insurance company is calling me and they want to take a statement from me about how the wreck happened.   Is there anything wrong with me giving a statement to my insurance company before I talk to a lawyer?

We do not recommend that our clients give a statement to either the other driver's insurance company or their own insurance company without adequate preparation for the interview.  Under most auto insurance policies in Tennessee, you have a duty to give your insurance company a statement, but you need to be adequately prepared first.

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.

Why would your insurance company use your statement against you?  Because the driver that hit you may have insufficient insurance to pay your damages and you may have to make a claim against your own company under you uninsured / under-insured motorist coverage.  If that happens, your insurance company will be adverse to you, and your statement can be used against you.

Thus, I recommend that you talk to an experienced personal injury lawyer before giving a statement to any insurance company about your wreck.   Click here to learn how to identify such a lawyer.

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My husband was badly hurt in an accident with a tractor-trailer inTennessee.  What damages are available in a trucking accident claim?

Your husband has what is known as a personal injury claim.  In a personal injury cases, you 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.

Mental or emotion pain and suffering includes anguish, distress, fear, humiliation, grief, shame, or worry.

Disfigurement is a permanent injury that impairs a person’s appearance. This includes permanent scars and lost limbs.

Lost capacity for the enjoyment of life compensates the injured person for limitations put on the ability to enjoy the pleasures of life as a result of an injury. This includes the inability to engage in activities you once enjoyed.

Disability is the loss of your ability to do the same physical things that you did before you were injured.

Loss of earning capacity is the loss of your ability to work and earn money. It may be an amount equal to your lost wages as a result of the injuries you received in the incident. If you have suffered permanent injuries that affect your ability to work and earn money, it includes those monies you are likely to lose in the future because of your injuries.

The reason loss of earning capacity may exceed lost wages is because sometimes it can be shown that a person is earning a particular wage only temporarily and will be progressing up the income ladder. For example, if a college student is injured and can never work again, it would be unfair to say that the student’s earning capacity is what he or she was making at a part-time job at McDonald’s. Instead, expert witnesses are employed to demonstrate the likely earnings of the student over his or her work-life expectancy if the injury had not occurred.

You also have a claim for the impact of the wreck on the relationship between you and husband and for his loss of services.  In Tennessee, this is known as a "loss of consortium" claim.

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I live in Tennessee and I understand state law requires that everyone who owns a car or truck have liability insurance coverage on the vehicle.  Why should I spend money to purchase uninsured motorist insurance coverage if everyone already has liabilty insurance?

Because (a) some people don't follow the law; (b) some people buy liability insurance coverage but do not purchase an amount that will protect you from losses you sustain in a car or truck wreck; and (c) you may get hit by a hit-and-run driver (and unisured motorist coverage gives you some protection in such cases).

Despite the law that mandates insurance coverage, 20% of the people in Tennessee have no insurance on their vehicle.  That means that 1/5th of the people you meet on the highway have virtually no way of meeting their financial obligation to you if they cause an accident and you are hurt.  You need uninsured motorist coverage to protect you from that risk.

Second, you need uninsured motorist coverage to protect you from the driver who caused a wreck and has purchased an insufficient amount of insurance.  My guess (and it is only a guess) is that 30 or 40 % of Tennessee drivers have only $25,000 in liability coverage available to a person involved in a wreck.  That sum - $25,000 - will not cover an emergency room visit and three nights in an ICU.   Most of the drivers that have low coverage have poor driving records, and many have a history of past DUIs.   These are exactly the drivers more likely to be involved in accidents, and we have to protect ourselves from them.

Third, uninsured motorist coverage protects you (under some circumstances) from hit-and-run drivers.

Ask your insurance agent to show you exactly what uninsured motorist coverage costs - you will be surprised how inexpensive it is.  Then, buy as much as you can.  This is the least expensive insurance coverage you can buy given the risks you face on Tennessee roads every day.

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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 a  wreck with a tractor trailer several weeks ago.  The truck driver's insurance company called me and asked me some questions.  I then asked him how much insurance his driver had, but he refused to tell me.  He said that in Tennessee I could not find out how much insurance the other driver had, even if I filed a lawsuit.  Is that true?

Yes.  Tennessee is the only state in the nation that does not require an insurance company to disclose the amount of liability insurance in place for an accident.  This is a result of a powerful lobbying effort in the Legislature, led by Tennessee Farmers Mutual Insurance Company.

Sometimes an insurance company will voluntarily disclose the amount of coverage it has.  However, in the ordinary situation, the only way you can discover how much insurance the other driver has is to win a lawsuit and start the process to collect the money you are due.

In trucking cases,  federal law requires a minimum amount of insurance coverage and there is a website from which one can get some indication of the amount of liability insurance available.  An experienced trucking accident lawyer can help you gather this information.

Let me add one thing.  The amount of insurance does not influence the value of your case. In other words,  the value of your case depends on the nature and extent of your injuries, the amount of your medical bills, and many other factors.  (Read more on the damages recoverable in personal injury cases in Tennessee here.)  The amount of liability insurance is not a factor and in fact the jury is never about the existence, much less the amount, of insurance.  The amount of insurance only determines the likelihood of being able to recover the full amount of the damages you sustained.  If there is an insufficient amount of insurance available, you will be forced to try to collect the excess from the driver and the trucking company.

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How much time do I have to file a personal injury claim for a wreck with a tractor-trailer ?

 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 Tennessee 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 I urge you to contact a lawyer as soon as possible.

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I was driving in East Tennessee.  A big truck came over the center-line into my lane and I swerved to avoid it.  I lost control and went off the mountain.  My friend who was in the car behind me saw the whole thing.  He told me that I went through a hole in the guardrail and that the hole had been caused by another wreck nine months earlier that the State of Tennessee had never repaired.   What are my rights?

First, if you can identify the trucking company and truck driver you would have a claim against them for crossing the center-line and forcing you off the road.

Second, even if you can't identify the trucking company, you may have a uninsured motorist claim that you can assert against your own insurance company.  Tennessee law permits you to make a claim on your own insurance when an unknown driver (called a "John Doe" driver) negligently causes a wreck.  The fact that your friend saw the wreck is critical to being able to prove this claim.

Finally, you may have a claim against the State of Tennessee for negligent failure to maintain the guardrail.  The validity of this claim will depend on whether the State had notice that the guardrail was missing.

An experienced personal injury lawyer can help you determine what rights you have.  Remember than under Tennessee law most personal injury claims must be filed in court within one year of the date of the wreck causing your injuries.

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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 am a college student who was run off the road by a tractor trailer.   I was badly hurt and had to miss a semester of college.  It looks like I will have permanent injuries as a result of the wreck.  What damages can I recover?

At the outset, let me remind you that no damages can be recovered unless you can prove that the truck driver negligently caused your injury.  The case you describe can be difficult, particularly if there was no impact between your vehicle and the truck and if there are no witnesses to the event. An experienced personal injury lawyer can help you determine the likelihood of success of your case.

Now, back to your question.  In a personal injury cases arising from accidents with trucks, you 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.

Mental or emotion pain and suffering includes anguish, distress, fear, humiliation, grief, shame, or worry.

Disfigurement is a permanent injury that impairs a person’s appearance. This includes permanent scars and lost limbs.

Lost capacity for the enjoyment of life compensates the injured person for limitations put on the ability to enjoy the pleasures of life as a result of an injury. This includes the inability to engage in activities you once enjoyed.

Disability is the loss of your ability to do the same physical things that you did before you were injured.

Loss of earning capacity is the loss of your ability to work and earn money. It may be an amount equal to your lost wages as a result of the injuries you received in the incident. If you have suffered permanent injuries that affect your ability to work and earn money, it includes those monies you are likely to lose in the future because of your injuries.

The reason loss of earning capacity may exceed lost wages is because sometimes it can be shown that a person is earning a particular wage only temporarily and will be progressing up the income ladder. For example, if a college student is injured and can never work again, it would be unfair to say that the student’s earning capacity is what he or she was making at a part-time job at McDonald’s. Instead, expert witnesses are employed to demonstrate the likely earnings of the student over his or her work-life expectancy if the injury had not occurred.

As indicated above, an experienced personal injury lawyer can help you determine the value of your case.

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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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