Articles Posted in Automobile Accidents

I was in a car accident in Dickson, Dickson County, Tennessee.   A witness said the accident is partially my fault and partially the fault of the other driver.   What happens if I am determined to be partially at fault?

Under Tennessee law, if a person who is injured negligently contributed to his or her own injuries the damages that can be recovered are reduced proportionately. This principle is part of our "comparative fault" law.   The law "compares" the negligent conduct of each person or entity that contributes to cause an accident.

This is best explained by an example. Assume that Sally was hurt in an automobile accident that occurred at an intersection when Bill ran a red light and his vehicle hit the side of her car. Assume that the the case is not settled and a jury later determines that Bill is mostly at fault, but that Sally is also at fault because she was speeding. The judge will tell the jury to assign a percentage of fault to Bill and Sally, and the jury determines that the accident was 90% Bill’s fault and 10% Sally’s fault. (The fault percentages must always total 100%). Also assume that the jury determines that Sally’s total damages (medical bills, lost wages, pain, suffering, etc.) entitle her to compensation in the amount of $100,000. 

I got hurt in an accident and my doctor said I should go to physical therapy. The therapist is 20 miles away and it is very inconvenient to go to therapy.  Plus, it doesn’t seem to do any good. Will it hurt my case if I just stop going?

First, let me suggest you set the thoughts about your legal case aside for a moment. Your doctor prescribed physical therapy because he or she thought it would help you. It might not. But it might. And the progress you see might be small. But you still need to go to physical therapy because you want to do what you can to reach a full recovery.

Going to physical therapy may not help your case, but not going as the doctor asked you to do could hurt your case. Insurance adjusters and jurors may conclude that you may not have been having the problems you say you were having (or are having) if you failed to follow your doctor’s advice. If you have to go before a jury in your case the jury will be told that it is your responsibility to minimize your damages.

I was in a car wreck. My wife was also hurt in the wreck, as was a gentleman (Smith) in another car. The guy that caused the wreck only has $100,000 in liability insurance and he has no other assets. How will the $100,000 be divided?

First, the $100,000 will be paid only if all of the claims equal or exceed a total value of $100,000. Those who are injured in a wreck are not entitled to all of the insurance the at-fault driver has – they are only entitled to the amount demonstrated to be the value of their case. If the amount of the claim or claims is less than the amount of insurance, the insurance company gets to keep the difference. If the amount of the claims exceed the amount of the insurance, the insurance company need only pay the amount of the insurance and the injured persons have to pursue the excess funds from the individual who caused the wreck.

Let’s assume that your claim is worth $50,000, your wife’s claim is worth $50,000, and Smith’s claim is worth $100,000. Under these assumed facts, you would get $25,000, your wife would get $25,000, and Smith would get $50,000. In other words, each of would get a pro rata share of the total.