Truck Accidents

November 21, 2011

What Happens If There Are Multiple Victims and Limited Insurance Coverage?

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.

October 26, 2011

Should I Hire an Out-of-State Lawyer for My Truck Wreck Case?

by The Law Offices of John Day, P.C.

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.

October 25, 2011

I Was Hit By a Mail Truck! Can I File A Lawsuit?

by The Law Offices of John Day, P.C.

I was in an automobile wreck with a truck driven by a mail truck. The wreck happened on the interstate in Robertson County, Tennessee. Can I sue the driver and the Post Office for my injuries?

You can sue the Post Office, but there is a special process that must be followed. The Post Office can only be sued in federal court after the failure of a special claims process.

The law that gives you the right to sue the Post Office is the Federal Tort Claims Act. The claim must be filed within two years of the date of the accident. A special claim form must be used to file the case with Post Office. If Post Office rejects the claim or does not act on it within six months you will have to file suit in federal court.

September 1, 2011

Deadlines for Bringing a Truck Or Bus Wreck Lawsuit in Tennessee

by The Law Offices of John Day, P.C.

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.

August 18, 2011

Should I Hire A Lawyer Who Seems to Have Good Results But Also Seems Like a Jerk?

by The Law Offices of John Day, P.C.

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.

July 19, 2011

How Many Jurors Must Agree in a Truck Accident Case?

by The Law Offices of John Day, P.C.

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.

May 23, 2011

Why Can the State of Tennessee Only Be Sued For $300,000 in A Car Wreck Case?

by The Law Offices of John Day, P.C.

I was badly hurt in a car wreck. The wreck was caused by a State of Tennessee employee driving a state vehicle. The State employee was working at the time. I have heard that the State’s liability is limited to $300,000. Is that true?

Yes, in Tennessee the State is responsible for the negligence of its employees who cause car wrecks but the State’s responsibility is limited to $300,000. If the negligent state employee hurts a whole carload of people the recovery is up to $1,000,000 but no one person may recover more than $300,000.

This is true regardless of the size of the medical bills, the lost wages, or the nature of the injury. The restriction on recoverable damages is based on a law passed by the Legislature.

May 10, 2011

Lack of Sufficient Liability Insurance. Now What?

by The Law Offices of John Day, P.C.

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.)

April 25, 2011

Kentucky Resident Hurt in Wreck in Tennessee – Do I Need a Tennessee Lawyer?

by The Law Offices of John Day, P.C.

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.

March 31, 2011

Wreck in a Parking Lot

by The Law Offices of John Day, P.C.

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.