Memphis Car Accident Attorney

What you should know if you are INJURED IN A MOTOR VEHICLE ACCIDENT

Tennessee law entitles you to compensation if you are injured in a motor vehicle accident as a result of another driver's negligence. Negligence is defined as the failure to use ordinary care, considering the hazards of weather, road, traffic, etc. The disregard of a traffic signal, speed limit, or other traffic law is negligence. Similarly, the failure to maintain a safe rate of speed, failure to keep the vehicle under control, and failure to keep a proper lookout are examples of negligence.

Compensation is Your Right

Compensation to an individual injured in an accident by another's negligence is a right guaranteed by Tennessee law. You should not feel ashamed or greedy about seeking compensation that is your legal right. Our laws provide that you may be entitled, depending upon the severity of your injury, to each of the following items of damage:

1. Physical pain and suffering
2. Mental or emotional pain and suffering
3. Loss of enjoyment of life
4. Disfigurement
5. Medical expenses
6. Loss of earnings

Comparative Fault

If you and the other driver are both guilty of negligence that contributed to the accident, the court will compare the fault of the drivers. As long as you are found to be less than 50% at fault, the other driver is responsible for your losses.

In the event of comparative fault, the other driver's obligation to you is based on the percentage of his fault. For example, if the court finds that the other driver is 60% at fault and that your total damages amount to $100,000, then the other driver would be liable for $60,000.

Uninsured Motorists

Your motor vehicle insurance coverage may protect you against negligent drivers who do not have insurance. The provision in your policy is known as uninsured motorist protection. This coverage may also apply if the other driver has too little insurance. In that case, it is known as underinsured motorist protection.

In order to gain the benefit of these insurance provisions, it is imperative that you notify your insurance company promptly concerning an accident. Therefore, even if you think the other driver is adequately insured, it is important to notify your insurance company. In that way you will be assured of the coverage if it turns out that the other driver's insurance is not what you believed it to be.

Time Limitation

Tennessee law gives you one year from the date of accident in which to file your lawsuit for bodily injury. You have three years to file for property damage.

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