Memphis Car Accident Lawyer

A good result after a Memphis crash means your medical bills are paid, your lost income is replaced, and the insurance company has been made to account for what the wreck actually did to your life. Fox, Farley, Willis & Burnette is a Tennessee personal injury firm that handles car, truck, motorcycle, pedestrian, and wrongful death cases for people hurt in Memphis and across the state, and we work to move your claim toward that outcome while you focus on healing.

Finding a Memphis car accident lawyer matters early because the claim you build in the first weeks shapes everything that follows. Memphis is a city of interstate interchanges, freight corridors, and busy surface arteries, and wrecks here frequently involve commercial vehicles, drivers passing through on their way to Arkansas or Mississippi, and out-of-state insurers who handle claims from a distance. Tennessee also gives injured people one of the shortest filing windows in the country, so the work of preserving evidence and identifying every responsible party cannot wait for the pain to settle.

The Legal Rules That Decide What a Memphis Crash Claim Is Worth

Four pieces of Tennessee law do most of the work in determining the value of a car accident case. The first is the filing deadline. A personal injury lawsuit must be filed within one year of the crash. That window can stretch to two years if the at-fault driver was criminally charged for the conduct that caused the injury and the prosecution began within the first year, but you cannot count on that. Property damage claims are on a separate three-year clock. If the injured person was under 18 at the time, the clock is paused until the eighteenth birthday.

The second is comparative fault. Tennessee lets you recover only if you are less than 50 percent responsible, and whatever share of fault is assigned to you comes off your award. Insurers know this, which is why adjusters ask leading questions about speed, lane position, and whether you were looking at your phone. Tennessee also does away with joint and several liability in most negligence cases, so a jury can assign a percentage of fault to someone who is not even a defendant, such as an unidentified driver who caused a chain reaction. That makes it important to name every responsible party at the outset rather than assuming one insurer will cover everything.

The third is the damage structure. Medical expenses, lost wages, and other measurable financial losses are recoverable without a ceiling. Pain, suffering, and loss of enjoyment of life fall under a statutory limit of $750,000 in most cases, rising to $1 million for defined catastrophic losses such as paraplegia, quadriplegia, amputation of two limbs, severe burns over a large portion of the body, or the wrongful death of a parent who leaves minor children. Jurors are never told about the limit; the judge applies it after the verdict. The limit does not apply at all when the defendant was impaired to the point of substantially affecting judgment, intended the harm, destroyed evidence, or was convicted of a related felony.

The fourth is the insurance floor. Tennessee drivers must carry at least $25,000 per person and $50,000 per accident in bodily injury coverage, plus $25,000 for property damage. Those numbers are small next to a hospital stay, which is why uninsured and underinsured motorist coverage on your own policy often becomes a critical second source of recovery.

Why Choose Fox, Farley, Willis & Burnette for a Memphis Car Wreck Case

People who call us after a serious crash are usually dealing with a hospital stay, a car that will not be driven again, and an adjuster who is already asking for a recorded statement. They come to us because they want a firm that knows how the other side thinks. Two of our partners spent the early part of their careers defending insurance companies, trucking companies, and businesses before moving to the plaintiff’s side, so they know how claims get valued, discounted, and defended from the inside.

That perspective sits on top of deep trial experience. Our attorneys carry more than 170 years of combined experience and have recovered over $100 million for clients. Bruce D. Fox, a co-founder, has tried more than 125 jury trials in state and federal court, is a past president of the Tennessee Trial Lawyers Association, holds its Lifetime Achievement Award, belongs to the American Board of Trial Advocates, and has been selected to Mid-South Super Lawyers 17 times. Partner Brad C. Burnette holds an AV Preeminent rating from Martindale-Hubbell and serves on the association’s Board of Governors, as does partner John Willis. Trial attorney Michael C. Beehan is fluent in Spanish, and hablamos español for clients who want to tell their story in their own language.

The results reflect the kind of cases we take seriously: $3.4 million for the family of a man killed in a rear-end collision caused by a construction company driver, $2.3 million for a motorcyclist who lost his leg when a driver struck him and fled, $1.9 million after a driver failed to yield and killed a mother while seriously injuring her daughter, and $1.6 million for a man hit head-on by a commercial delivery truck on his way to work. Past results do not guarantee a similar outcome in any other case. Our firm is voted among Knoxville’s Top Attorneys by CityView Magazine.

There is no fee unless we recover compensation, and every consultation is free. If your injuries make travel difficult, we can meet you at home or in the hospital.

What to Do After a Memphis Crash, and Where Your Case Will Go

Start with medical care, even if you feel functional. Adrenaline hides injuries, and gaps between the wreck and your first appointment are exactly what an insurer will point to later. Whether you go by ambulance or drive yourself, make sure the treating provider knows the cause of every symptom, including the ones that seem minor, because the records they create become the backbone of your claim.

Make sure a police report exists. When officers respond, ask how to obtain the report and confirm that every vehicle, driver, and witness is listed. Photograph the vehicles, the road, skid marks, signage, and your visible injuries before anything is moved or repaired. Collect names and contact details from witnesses; people who stop at the scene are hard to find a month later. Do not apologize or speculate about fault at the scene, since Tennessee’s fifty percent rule means even a casual remark can be turned into a percentage.

Be careful with the other driver’s insurer. You have no obligation to give a recorded statement to an adjuster working for the party that hit you, and early settlement offers tend to arrive before the full extent of an injury is known. Accepting one usually ends the claim permanently. Your own insurer is a different matter, and you should report the crash promptly, especially if uninsured motorist coverage may come into play.

If the crash involved a tractor-trailer or delivery vehicle, speed matters more. Driver logs, dispatch records, maintenance files, and electronic data can be overwritten or discarded in the ordinary course of business unless someone demands that they be preserved. Likewise, if the other driver may have been drinking, a fatal collision triggers a state investigation into where the driver was served, and that information can open another avenue of accountability.

Where a lawsuit is filed depends on the facts. Cases that stay in state court proceed through the trial courts of Shelby County, while claims with out-of-state defendants or federal questions can land in the U.S. District Court for the Western District of Tennessee, which sits in Memphis. Claims against a city or county entity, such as a crash involving a government vehicle or a road defect, fall under the Governmental Tort Liability Act, which has a 12-month filing deadline and its own damage limits of $300,000 per person and $700,000 per occurrence. Any appeal from a federal ruling goes to the Sixth Circuit.

Common Types of Memphis Car Accident Cases

• Interstate and Bridge Corridor Wrecks: Heavy traffic funnels through the I-40, I-55, and I-240 interchanges and across the Mississippi River bridges, where lane merges, sudden slowdowns, and tractor-trailers sharing space with commuters produce serious rear-end and sideswipe collisions.
• Tractor-Trailer and Delivery Truck Crashes: As a major freight hub, Memphis puts commercial vehicles on local roads around the clock, and these cases turn on driver hours, maintenance, cargo handling, and the company that employed the driver.
• Distracted Driving Collisions: Tennessee prohibits holding a phone, reading or sending texts, or watching video while driving, so phone records and a driver’s statements about what they were doing can establish negligence.
• Drunk and Impaired Driver Crashes: The legal limit is 0.08 percent, but impairment from alcohol or drugs can be proven at lower levels, and an intoxicated defendant can strip away the cap on pain and suffering damages.
• Motorcycle, Pedestrian, and Bicycle Collisions: Riders and walkers have little protection, injuries are often catastrophic, and insurers routinely try to blame the victim for not being visible.
• Hit-and-Run and Uninsured Motorist Claims: When the at-fault driver flees or carries no coverage, your own uninsured motorist policy may be the main source of compensation, and the policy has its own notice requirements.
• Wrongful Death After a Fatal Crash: Families can pursue lost income, medical and funeral costs, and the value of the life that was lost, and the one-year clock runs from the date of the crash, not the date of death.
• Traumatic Brain and Spinal Cord Injuries: These injuries carry lifelong medical costs, and the catastrophic-injury classification can raise the ceiling on non-economic damages from $750,000 to $1 million.

Questions Memphis Drivers Ask About Car Accident Claims

How long do I have to file a car accident lawsuit in Memphis?

One year from the date of the crash in most cases. The period can reach two years when the at-fault driver is criminally prosecuted within that first year for the same conduct and you sue that driver. Property damage claims carry a three-year limit. Because the window is so short, contact a lawyer well before the anniversary.

What if I was partly to blame for the wreck?

You can still recover if your share of fault is under 50 percent. Your award is reduced by your percentage, so a jury that finds you 20 percent responsible would reduce your compensation by one fifth. At 50 percent or more, you receive nothing, which is why disputes over fault are fought so hard.

Does Tennessee cap what I can recover?

Not for financial losses. Medical bills, lost earnings, and similar costs are recoverable in full. Pain and suffering is generally limited to $750,000, or $1 million for catastrophic injuries as the statute defines them. Exceptions remove the limit in cases involving intoxicated or intentional wrongdoing. Punitive damages, where available, are limited to the greater of twice the compensatory award or $500,000.

The other driver only has minimum insurance. Is that all I can collect?

No. The minimum coverage is the floor, not the ceiling on what the driver owes you. You may also have uninsured or underinsured motorist coverage on your own policy, and in some cases the driver’s employer or another party shares responsibility and carries its own insurance. Identifying every potential source early is a large part of the work.

Will health insurance pay for my treatment while the claim is pending?

Often yes, and many people use it so treatment is not delayed. The insurer or a government program may have a right to be repaid out of your eventual recovery, so the lien needs to be tracked and negotiated as the case settles. Do not skip treatment because of cost; gaps in care hurt the claim.

What if the driver who hit me left the scene?

You may still have a path to compensation. Uninsured motorist coverage on your own policy can apply when the at-fault driver is never identified, and police reports, nearby cameras, and witness accounts can sometimes lead to the driver. Report the crash right away and tell your insurer promptly.

Who can bring a wrongful death claim after a fatal crash?

The personal representative of the estate or the surviving spouse generally brings the action. If there is no spouse, the children or next of kin may do so. A spouse can forfeit the right if the family shows the spouse abandoned the deceased or willfully withdrew for two years. The one-year deadline starts on the date of the injury.

Should I hire a lawyer for a minor accident?

If no one was hurt and the damage is a bumper, you may not need one. But soft-tissue injuries, back and neck pain, and concussions can worsen over days, and the first settlement offer is rarely based on what your treatment will eventually cost. A free consultation lets you find out where your case falls before you sign anything.

What if I was hit by a government vehicle, like a city truck or a bus?

Claims against government entities follow different rules. The filing window is 12 months, damages are capped at $300,000 per person and $700,000 per occurrence, and procedural requirements are stricter than in an ordinary case. Missing a step can end the claim, so get advice quickly.

I live in another state and was hurt in Memphis. Can you still help?

Yes. We handle the investigation, insurance negotiations, and court filings in Tennessee, and we keep you informed by phone and email wherever you live, so you do not have to return for every step.

How long does a Memphis car accident case take?

It depends on the severity of the injury and whether the insurer will pay fairly. A claim with clear fault and a full recovery can resolve in months. Cases with disputed fault, permanent injuries, or a trucking company defendant often take longer, and a case that goes to trial extends the timeline further. We do not settle until your treatment picture is clear enough to value the claim.

Serving Memphis Car Accident Clients and Communities Across Tennessee

We represent people hurt in Memphis and throughout Shelby County, from Midtown, Downtown, and the Medical District to Cooper-Young, Orange Mound, Whitehaven, and Frayser. Our reach extends to the eastern suburbs of Germantown, Collierville, Bartlett, and Cordova, and to the communities around Raleigh and Millington. Drivers who cross in from the Arkansas and Mississippi sides of the river and travelers on the interstates also find themselves in Memphis crashes, and we help them as well.

Beyond Memphis, the firm serves clients across Tennessee, including Nashville and Johnson City, and throughout East Tennessee in Knoxville, Clinton, Maryville, Sevierville, Gatlinburg, Pigeon Forge, and LaFollette. Our work reaches the counties of Knox, Anderson, Blount, Sevier, Campbell, Roane, Claiborne, Morgan, Jefferson, and Monroe, so if a crash took you far from home, or a family in another part of the state needs help, we can review the case and explain your options.

Talk With a Memphis Car Accident Attorney Today

If a crash has changed your health, your finances, or your family, a Memphis car accident attorney at Fox, Farley, Willis & Burnette can review what happened, explain how Tennessee’s deadlines and fault rules apply to you, and tell you plainly what your claim may be worth. The consultation is free, and you pay no attorney fees unless we recover compensation. Call us to talk through your case, and if your injuries keep you from traveling, we can come to you at home or in the hospital.