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

1. What duties do drivers owe to other people on the road?

Answer: Drivers owe other persons upon the roadway a duty to use reasonable and due care in the operation of their vehicles so as to avoid injury to other persons using the roadway. This includes keeping a proper lookout, maintain proper control of the vehicle, turning appropriately, stopping appropriately, and maintaining an appropriate speed. A driver also has a duty to follow state laws and local ordinances in operation of their vehicle. One example of a state law that drivers must follow is that it is illegal to operate a vehicle under the influence of alcohol or other drugs. 

Common carriers (those that carry passengers for hire, such as buses and taxi cabs) are held to a higher standard of care. They must exercise the highest degree of care for their passengers’ safety.

2. What types of insurance may apply in a car accident case?

Answer: Several different types of insurance coverage apply in a car accident case. First, the at-fault driver’s automobile insurance may apply to cover the damages you sustain in a wreck. In Tennessee, all drivers are required to carry a minimum amount of automobile insurance, specifically $25,000 per person with a cap of $50,000 for each wreck. If two people are injured in a wreck, and the at-fault driver has minimum insurance policy limits, generally speaking the most the insurance company could ever have to pay is $25,000 to each person. If three people are injured in a wreck and the person at fault has minimum limits, the insurance company generally will not have to pay more than $50,000 to all three people combined, and each person cannot recover any more than $25,000. Of course, many drivers break the law and do not carry the required minimum car insurance limits. 

In the driver that causes the accident does not have insurance, your own automobile insurance coverage may also apply in a car accident case. This type of insurance coverage is called uninsured motorist coverage. Subject to certain limitations, you may recover under that portion of your own policy if the other driver is proven to be uninsured.

Similarly, if the other driver has insufficient coverage to pay for your damages and your insurance coverage exceeds the amount of the at-fault driver’s insurance coverage, then you may recover the difference between the at-fault driver’s coverage and your own coverage under your underinsured motorist coverage with your automobile insurance carrier. For example, if the at-fault driver has minimum limits of $25,000 per person and you have limits of $100,000 per person, you may recover an additional $75,000 under your uninsured motorist coverage if your damages are $100,000 or more.  The driver (or the driver’s employer, if they are on the job at the time of the wreck) may be required to personally pay in addition to the available insurance coverage. However, recovering more than the available insurance limits is often unrealistic.

You may also have coverage under your policy for medical care – often called medical payments coverage. This coverage is usually limited, with most people having $5,000 of coverage. The amount of your medical payments coverage depends on your contract with your automobile insurance company. You will most likely be required by your automobile insurance contract to pay your insurer back for any payments made on your behalf if you recover damages from the at-fault driver. This is called subrogation.

You can see that it is very likely that your own insurance company may not be on your side in a wreck in which at the at-fault driver did not have insurance coverage or did not have enough insurance coverage to pay you for your damages and losses. While you have a duty to cooperate with your own insurance company, it makes sense to talk to a lawyer before you give a statement to any insurance company, even your own. At Law Offices of John Day P.C., we will be happy to advise you on how to give an accurate statement to the insurance company representative.

3. What is the deadline to file a claim for a car wreck?

Answer: Subject to very few exceptions, you have one (1) year from the date of the wreck in which to file a lawsuit. Do not assume that any exception applies to you unless a lawyer familiar with all of the facts advises you that the exception applies.

4. Should I get a lawyer? When?

Answer: You should get a lawyer involved immediately after you are involved in an accident. You need a lawyer to protect your rights after a car wreck, and a lawyer will take the stress of dealing with the insurance companies off of you while you are recuperating from your injuries. You should definitely talk to a lawyer before giving a statement of the circumstances of the accident to any insurance company, even your own. 

5. Do I need a lawyer if the insurance company for the other driver is being nice and reasonable?

Answer: In some instances, the insurance company for the other driver will act reasonably in resolving your claim. However, beware of wolves in sheep’s clothing. Just because the at-fault driver’s insurance company is being nice does not mean they are being reasonable. Until you consult with a lawyer of your choice, it is difficult to understand your many rights in a car wreck case and to assess whether the insurance company is giving you a fair deal.

6. Should I sign a medical records release for the other driver’s insurance company?

Answer: In some instances, you should sign a medical records release for the insurance company. However, that decision is best made after you consult with the lawyer of your choice who can advise you about the ramifications of signing a medical release.

7. Should I give a statement to the other driver’s insurance company?

Answer: In some instances, you should give a statement to the insurance company. However, that decision is best made after you consult with the lawyer of your choice who can advise you about the ramifications of giving a statement to the insurance company. You should not give a statement to an insurance company if you are taking any medication that affects your mental status. 

8. Who will pay for my medical bills?

Answer: The answer to this question depends on the different insurance coverages available for the wreck and who is at fault for the wreck. Your medical insurance carrier should pay your medical bills related to the wreck. If you make a recovery for the wreck from the at-fault driver, you will most likely be required by your health insurance contract and/or by law to pay your insurer back for any payments made on your behalf. This is called subrogation. 

Your own automobile insurance coverage may also pay your medical bills related to the wreck under your medical payments coverage. This coverage is usually limited, with most people having $5,000 of coverage. The amount of your medical payments coverage depends on your contract with your automobile insurance company. Like your health insurer, you will most likely be required by your automobile insurance contract to pay your insurer back for any payments made on your behalf if you recover damages from the at-fault driver – also called subrogation.

9. What if the other driver does not have insurance?

Answer: If the other driver does not have insurance, your own automobile insurance coverage may apply to cover your damages. This coverage is called uninsured motorist coverage. You may recover under that portion of your own policy if the other driver is proven to be uninsured.

Similarly, if the other driver has insufficient coverage but your insurance coverage exceeds the amount of the at-fault driver’s insurance coverage, then you may recover the difference between the at-fault driver’s coverage and your own coverage under your uninsured motorist coverage with your automobile insurance carrier. For example, if the at-fault driver has minimum limits of $25,000 per person and you have limits of $100,000 per person, you may recover an additional $75,000 under your uninsured motorist coverage if you have $100,000 in damages. If the other driver (or the driver’s employer, if they were on the job at the time of the wreck) has significant personal finances, you may be able to recover from them directly.

10. Is there PIP coverage in Tennessee?

Answer: No. Tennessee does not have a no-fault system and therefore does not have PIP (Personal Injury Protection) coverage as a part of automobile or truck liability insurance policies issued in Tennessee. However, if you live in a state that has no-fault and PIP coverage, your insurance policy may give you benefits not available to Tennessee residents. If you are from out-of-state but were injured in a car or truck wreck in Tennessee, the attorneys at Law Offices of John Day P.C. will be happy to review your insurance policy and determine what benefits it provides under the circumstances.

11. Does Tennessee provide for “stacking” of uninsured motorist policies?

Answer: No. If a person owns three vehicles and each vehicle as $25,000 of uninsured motorist protection some states allow the car owner to “stack” each of the insurance policies together to provide for $75,000 in uninsured motorist benefits. That is not true in Tennessee. 

However, if you are an out-of-state resident who is hurt by the carelessness of a driver in Tennessee, your uninsured motorist policy may permit insurance coverage to be “stacked” to give you higher insurance policy limits. The attorneys at Day & Blair will be happy to review your insurance policy and determine what benefits it provides under the circumstances.

12. Does the person who caused the wreck have to pay to fix my car?

Answer: The person who causes the wreck must pay to have the car repaired to about the same condition as it was before the wreck. If the cost of repairs is about the same as or greater than the fair market value of the car the car will be considered “totaled” and you will be entitled to receive money equal to the fair market value of your car.

13. Does the person who caused the wreck have to pay for a rental car while my car is being fixed?

Answer: Legally, no but practically that frequently occurs. Technically, the person who caused the wreck must pay for “loss of use” of your car. That loss is often measured by the cost of renting a replacement vehicle. However, do not go out to a big-name car rental company and rent a replacement car and except the other driver’s insurance company to pay for it. Those companies often have contracts with lesser-known rental companies that charge less for rental cars. So, make sure you have a clear understanding with the other driver’s insurance company about what car you can rent and who will pay for it before you rent a replacement vehicle.   Better yet, let your lawyer help you with this issue. 

Your may also have replacement car coverage on your insurance policy.

14. How much liability insurance coverage should I have on my vehicle?

Answer: The amount of coverage you should have should depend on your assets and on your ability to pay. You must have at least $25,000 per person, $50,000 per accident.   Most people who have a household income over $50,000 per year should have $100,000 per person, $300,000 per accident. If your household income exceeds $100,000 per year, you should have even more insurance, such as $250,000 per person, $500,000 per accident or even more. Ask your agent to quote you the rate on several different liability insurance policy limits – you will be surprised to see how inexpensive the “extra” insurance coverage is.

People who have significant assets should have high liability insurance limits and should also have an “umbrella” or “excess” insurance policy to give them even more protection from if they make a mistake and harm another person. Many wealthy individuals (people with a net worth of over $300,000 or an income of over $150,000 per year have several million dollars worth of liability insurance.

15. How much uninsured motorist / underinsured motorist insurance coverage should I have?

Answer: You cannot buy more uninsured motorist / underinsured motorist (UM/UIM) insurance than you have in liability insurance coverage. Thus, if you have a $100,000 / $300,000 liability policy, you cannot buy more than $100,000 /$300,000 in UM/UIM.

The need for UM/UIM is another reason to buy higher liability insurance limits. There are hundreds of thousands of uninsured drivers in Tennessee, and hundreds of thousands of drivers who have minimum liability insurance policy limits. Many of these drivers are drivers who cannot afford more insurance because they have a past history of driving under the influence of alcohol or another drug, UM/UIM is very inexpensive protection from harm caused by these drivers.

Ask your insurance agent to give you quotes for several different levels of liability insurance coverage, including equal amounts of UM/UIM. You will be surprised at how little the “extra” insurance costs. Many times, you will be able to buy twice as much insurance coverage for a few dollars per week.

16. I was injured in a car wreck. What should I do?

Answer: You should contact a lawyer as soon as possible. It is important that evidence be gathered to determine the validity of the claim. The insurance company for the person or company that caused the death will be working hard to gather that evidence, and you should have a lawyer doing the same.

© 2010 Law Offices of John Day P.C. 

1. What are the responsibilities of truck and bus drivers?

Answer: Truck and bus drivers are required to live up to the same standards and laws as every other driver on the road. In addition to these general rules, 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.

As you can see there are numerous rules that apply to those that drive commercial vehicles. It is important to hire a lawyer that has substantial experience in this field to assist you in these cases.

2. What responsibilities do trucking and bus companies have?

Answer: First, generally speaking, trucking and bus companies are responsible for what their drivers, mechanics, and other workers do. If a truck driver negligently causes an accident that hurts or kills someone, the company is typically responsible.

Companies are responsible for performing background checks before hiring drivers. Companies must check with the drivers' most recent employers to see if the driver has a history of crashes or tickets. Companies also must see that all of their drivers have medical examinations to determine whether the driver has a medical condition that would make them dangerous behind the wheel. (For example, if the driver has a condition that causes him or her to fall asleep unexpectedly, such as narcolepsy, the driver does not belong on the road.) Companies must keep personnel files on their drivers to verify that they performed these checks and did not turn a blind eye to any concerning information in the driver's past.

Trucking and bus companies are also responsible for seeing that their drivers are not breaking the law by driving more than the maximum number of hours. To do so, companies are required to keep copies of their drivers' log books.

Companies also must comply with common sense rules, like dispatching drivers with realistic time frames for shipments that will not require the drivers to break the law by speeding or driving more than their maximum hours.

3. 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.

4. How much time do I have to file a claim for a wreck with a tractor-trailer or bus?

Answer: 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 a lawyer as soon as possible.

5. Do cases against truck or bus companies require a lawyer who special expertise?

Answer: Legally, no – any lawyer, even a tax lawyer or a real estate lawyer, may represent you in a trucking or bus case.

Practically, we suggest you want a lawyer who has experience with this type of case. There cases can be very complicated, and you would be advised to hire a lawyer who has substantial experience with this type of case. Our firm regularly handles trucking cases, and in fact John Day’s first jury trial, in June of 1982, was a case against a trucking company and a truck driver. The truck driver was not paying attention to traffic slowing ahead of him and swerved into oncoming traffic to avoid colliding with the vehicles in his lane. Unfortunately, John’s client was coming in the other direction, and was badly hurt in the crash. John assisted his mentor, the late John T. Conners, Jr. in the trial of that case. A jury in the Sixth Circuit Court for Davidson County, Tennessee returned a significant verdict for the client and his wife.  John has continued his work on behalf of truck accident victims for over 25 years.

6. What do I do if I have a case against a truck or bus company?

Answer: You should contact a lawyer as soon as possible. It is important that evidence be gathered to determine the validity of the claim. The insurance company for the person or company that caused the death will be working hard to gather that evidence, and you should have a lawyer doing the same.