Shelby County Car Accident Lawyer

If you were hurt in a crash in Shelby County, one of the first decisions you will face is whether to handle the insurance company on your own or bring in a lawyer. Fox, Farley, Willis & Burnette is a Tennessee personal injury law firm that represents people injured in wrecks across the state, including Memphis, and we are the kind of Shelby County car accident lawyer who gets involved early, before the other side’s story hardens into the official version.

Tennessee gives injured drivers very little time. The general deadline to file a personal injury lawsuit is one year from the date of the crash, which is among the shortest in the country. Add a state insurance minimum of only $25,000 per person for bodily injury, and you can see why a serious crash on I-40, Poplar Avenue, or Germantown Parkway can quickly outgrow the at-fault driver’s policy. The choices made in the first weeks after a wreck often decide how much of your loss is ever recovered.

Common Car Crash Situations We Handle for Shelby County Drivers

• Distracted Driving Collisions: Tennessee’s Hands Free law bars drivers from holding a phone, reading or sending texts, or watching video behind the wheel. When a driver rear-ends traffic on the interstate while looking at a screen, that violation becomes powerful evidence of negligence, and phone records can show it.
• Drunk and Drugged Driving Crashes: The per se alcohol limit is 0.08%, and there is no set numeric limit for prescription drugs, so impairment from medication is proven through behavior, testing, and the officer’s observations. After a fatal crash, investigators with probable cause of impairment are required to look into where the driver was served alcohol, which can open the door to additional responsible parties.
• Tractor-Trailer and Commercial Vehicle Wrecks: Memphis is a major freight hub, and interstate corridors through the county carry heavy truck traffic. Driver logs, maintenance records, and electronic data can vanish if no one moves quickly to preserve them.
• Motorcycle, Pedestrian, and Bicycle Cases: Riders and walkers absorb the full force of a collision, and insurers often shift blame onto them. These cases turn on visibility, speed, right-of-way, and scene evidence.
• Uninsured and Underinsured Driver Claims: When the person who hit you carries no coverage or only the state minimum, your own uninsured motorist coverage may become the main source of recovery.
• Wrongful Death After a Crash: When a family member is killed, the claim belongs to the surviving spouse first, then children or next of kin, or it can be brought by a personal representative.
• Traumatic Brain and Spinal Cord Injuries: These injuries can change a person’s ability to work and live independently, and they are the cases where a full accounting of future care matters most.

Why Choose Fox, Farley, Willis & Burnette for a Memphis-Area Crash Case

Our results in crash cases speak to the work we do. Our attorneys recovered $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, and $1.6 million for a man hit head-on by a commercial delivery truck on his way to work. Across all cases, the firm has recovered more than $100 million for injured people and their families. Past results do not guarantee a similar outcome in any other case.

Fox, Farley, Willis & Burnette serves clients throughout Tennessee, and our attorneys bring more than 170 years of combined experience to car and truck crash claims. Two of our partners began their careers defending insurance companies, trucking companies, and businesses, so they know how adjusters value a claim and how defense lawyers pick one apart. Bruce D. Fox, co-founder, has tried more than 125 jury trials, is a member of the American Board of Trial Advocates, and is a past president of the Tennessee Trial Lawyers Association. Partner Brad C. Burnette holds an AV Preeminent rating from Martindale-Hubbell, and partner John Willis serves on the association’s Board of Governors. Trial attorney Michael C. Beehan is fluent in Spanish, and hablamos español.

Injury clients pay nothing up front and owe attorney fees only if we recover compensation. Consultations are free, and if your injuries make travel hard, we can meet you at home or in the hospital.

What Tennessee Law Means for the Value of Your Claim

Fault is the first battleground. Tennessee follows modified comparative fault, so you can recover as long as you are under 50 percent responsible, and your award shrinks by your share. At 50 percent or more, the claim is barred. Fault can also be assigned to people who are not even in the lawsuit, and joint and several liability has been abolished in most negligence cases, so each defendant generally pays only its own share. That is why insurers work so hard to move a few points of blame onto an injured driver, and why an early, documented investigation matters.

Damages come in two kinds. Medical bills, lost wages, and other measurable financial losses are not capped. Noneconomic damages, such as pain and suffering, are generally limited to $750,000, rising to $1 million for a defined catastrophic loss such as paraplegia or quadriplegia, amputation of both hands, both feet, or one of each, or severe burns over large portions of the body. A parent’s wrongful death leaving minor children also qualifies for the higher figure. The jury is not told about the cap; the judge applies it afterward. The limit is lifted entirely when the defendant intended the injury, destroyed evidence, was convicted of a related felony, or was intoxicated to the point that judgment was substantially impaired. Punitive damages, when available, are limited to the greater of twice the compensatory award or $500,000.

Insurance is the other practical limit. The state minimum coverage is $25,000 per person and $50,000 per accident for bodily injury, with $25,000 for property damage. A single-limit policy of $65,000 also satisfies the law. Anyone with serious injuries should assume the at-fault driver’s policy may not cover the loss, which makes your own underinsured motorist coverage and other responsible parties worth examining from day one.

What to Do After a Memphis-Area Crash

Get medical care first, even if you feel fine. Adrenaline hides injuries, and a gap between the crash and your first treatment gives an adjuster something to argue about. If you can, photograph the vehicles, the road, skid marks, and any visible injuries, and get names and contact information for witnesses. Make sure a police report is filed and ask for the report number.

Be careful with the other driver’s insurer. You are not required to give them a recorded statement, and early casual remarks about how you feel or what happened are routinely used to assign you a share of fault. Keep your own insurer informed as your policy requires, but let us handle the other side. Do not sign a medical release that opens your entire health history or accept a quick check before you know what your treatment will cost.

Watch the calendar. The one-year deadline runs from the date of the crash. It can stretch to two years when the at-fault driver is criminally charged and prosecution begins within the first year, but you should never count on that. Property damage claims carry a three-year deadline. If the injured person was a minor, the clock is paused until the child turns 18. If a city or county vehicle was involved, claims under the Governmental Tort Liability Act must be filed within 12 months, and recoverable damages are capped at $300,000 per person and $700,000 per occurrence.

Shelby County is Tennessee’s 30th Judicial District, and car accident lawsuits are generally filed in the circuit court there. Cases involving parties from different states and large amounts in dispute can end up in the U.S. District Court for the Western District of Tennessee, which sits in Memphis. A lawsuit takes time, and most cases are resolved through negotiation, but we prepare every file as though a jury will decide it, because insurers pay differently when they know that is true.

Questions Shelby County Crash Victims Ask

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

One year from the date of the crash in most cases. Missing it usually ends your right to recover, no matter how clear the other driver’s fault was.

Can I still recover if I share some blame?

Yes, as long as your share is below 50 percent. If a jury puts you at 20 percent, for instance, your award is reduced by that amount. At 50 percent or above, you recover nothing.

Is it worth hiring a lawyer for a crash that seems minor?

Often, yes. Soft tissue, back, and neck injuries can take days or weeks to reveal themselves, and early settlement offers rarely account for that. A free consultation costs you nothing and tells you whether the offer on the table is reasonable.

What if the driver who hit me had no insurance or too little?

Your own uninsured or underinsured motorist coverage may apply. We also look for other responsible parties, such as an employer whose driver was working, or a vehicle owner who let an unfit driver use the car.

Do I have to give the other driver’s insurance company a recorded statement?

No. You owe your own insurer cooperation under your policy, but the other side is not entitled to a recorded statement from you. Anything you say can be used to reduce what they pay.

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

Often, yes, and using it keeps your treatment on track. Your health plan may seek repayment from any recovery, and we deal with those reimbursement claims as part of the settlement so they do not eat into your compensation unexpectedly.

Does a Hands Free law violation help my case?

It can. Holding a phone, reading or sending texts, or watching video while driving is illegal in Tennessee, and evidence that the other driver was doing so supports a negligence claim. Phone records are one of the things we move to preserve early.

What if the other driver was drunk?

Impairment strengthens the case in two ways. It is strong evidence of fault, and it removes the cap on noneconomic damages when the driver’s judgment was substantially impaired. In a fatal crash, investigators are directed to trace where the driver was served, which can identify additional responsible parties.

My family member died in a crash. Who can file, and how long do we have?

The claim passes first to the surviving spouse, then to children or next of kin, or it can be brought by a personal representative. The one-year clock starts on the date of the crash, not the date of death, so a death weeks or months later does not give extra time.

What if I was hit by a city or county vehicle?

Claims against governmental entities fall under the Governmental Tort Liability Act, with a 12-month filing deadline and statutory limits on damages. Notice and procedure rules differ from ordinary claims, so these cases should be reviewed immediately.

What does a car accident case against a truck driver involve?

Beyond the driver, responsibility can reach the trucking company, a cargo loader, or a maintenance contractor. Logs, inspection records, and electronic data must be preserved quickly, which is why we send preservation demands early in commercial vehicle cases.

Do I have to come to court or travel to meet you?

Not necessarily. We can meet you at home or in the hospital if your injuries make travel difficult, and we keep clients updated by phone and email throughout the case.

Serving Car Accident Clients Across Shelby County and Beyond

We represent crash victims throughout Shelby County, including Memphis, Germantown, Collierville, Bartlett, Arlington, Lakeland, and Millington, along with neighborhoods and corridors such as Midtown, Cordova, Whitehaven, Raleigh, Frayser, and Hickory Hill. Whether your crash happened on the interstate loop, a Poplar Avenue intersection, or a quiet residential street, our attorneys can review what happened and explain your options.

Beyond Shelby County, the firm serves injured people across Tennessee, from Memphis to Nashville and Johnson City, and in East Tennessee communities such as Knoxville, Clinton, Maryville, Sevierville, Gatlinburg, Pigeon Forge, and LaFollette, as well as Knox, Sevier, Anderson, Blount, and Campbell Counties. If you live out of state and were hurt in Tennessee, we can handle the investigation, negotiations, and court filings here while you recover at home.

Talk With a Memphis-Area Car Accident Attorney Today

A one-year deadline and an insurance company already building its file are good reasons not to wait. Fox, Farley, Willis & Burnette offers free consultations, and you pay no attorney fees unless we recover compensation for you. If you are looking for a Shelby County car accident attorney who will give you a straight read on your case, call us to talk through what happened and what comes next.