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Monthly Archives: September 2015

Can I Recover Nothing Even If the Other Driver Caused the Accident?

By John Willis |

If you bring a personal injury lawsuit arising from a car accident, it is not enough to establish the defendant’s liability. Even if the defendant admits causing the accident, the plaintiff must still prove he or she suffered injuries requiring compensation. It is perfectly acceptable under Tennessee law for a defendant to be held… Read More »

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NHTSA Fines Motorcycle Manufacturer for Failing to Follow Safety Recall Rules

By Brad Burnette |

Thousands of people die every year in motorcycle accidents. While driver negligence is the most frequent cause of a motorcycle wreck, it is important not to overlook potential safety defects in the vehicles themselves. One major U.S. motorcycle manufacturer recently paid a multi-million dollar fine after admitting it failed to follow federal rules in… Read More »

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How “Consumer Expectations” Can Determine Product Liability

By John Willis |

In product liability cases, the Tennessee Supreme Court has said a plaintiff may use the “consumer expectation test” to prove a product is “in a defective condition or unreasonably dangerous.” The consumer expectation test means a plaintiff must present evidence “that the product was dangerous to an extent beyond that which would be contemplated… Read More »

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Uninsured Motorist Coverage May Not Cover All Situations

By Brad Burnette |

Tennessee law requires all automobile insurance policies to offer uninsured motorist coverage. As the name suggests, this coverage pays benefits if you are in an accident with another vehicle that lacks insurance. Ideally, this would mean someone injured by another driver’s negligence would never go uncompensated, but unfortunately, there are gaps in the legal… Read More »

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The Law Gets Tougher on Unisured Drivers, but Limits Still Too Low

By John Willis |

Most of us are aware that the law requires us to have auto insurance in order to drive in Tennessee. Since 1977, the Tennessee Financial Responsibility Law has required drivers to have at least $25,000 per person in liability insurance coverage, up to $50,000 total per occurrence. What this means is that, if you… Read More »

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Tennessee Court Says Noncustodial Parents May Have Right to Sue on Children’s Behalf

By John Willis |

Every parent fears their child getting hurt in an accident. And when you believe someone else is to blame for your child’s injuries, you naturally want to hold the responsible parties accountable. But sometimes the law presents complications, such as when two parents disagree on whether to proceed with a potential civil lawsuit. A… Read More »

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Can Both Drivers Be Held Responsible for a Car Accident?

By John Willis |

When you get into a car accident, your first instinct is often to blame the other driver. And of course, the other driver thinks you caused the accident. If this finger pointing leads to personal injury litigation, it is then up to a jury to figure out who was actually responsible. And in many… Read More »

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Is an Employer Liable for an Employee Injured During a Robbery?

By John Willis |

Workers’ compensation provides benefits for employees injured “in the course of employment.” Obviously, this means an employer is liable when an employee is injured at work. But what about cases where an employee is not at their normal work station or outside the employer’s property? Tennessee courts recognize what is known as the “street-risk”… Read More »

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Father Not Liable for Adult Son Who Stole Car, Drove Drunk

By John Willis |

If you are injured in an automobile accident due to another driver’s negligence, you may have a claim not only against the driver, but also the owner of the vehicle (assuming they are not the same person). Tennessee law presumes the owner of a motor vehicle consented to the driver’s use of said vehicle,… Read More »

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