Category Archives: Accidents
When Does a Commercial Trucking Company Have a Duty to Preserve Evidence Regarding an Accident?
Commercial trucking accidents are not your run-of-the mill auto collision. These trucks are typically owned by large companies that must keep detailed records of their vehicles’ activities in order to comply with federal safety regulations. This means that when an accident does occur, the victims may be able to access this information to help… Read More »
Is a Truck Driver Liable for Hitting a Pedestrian Lying in the Road?
Every parent has told their child, “Look both ways before you cross the street.” There’s good reason for this advice: Pedestrian accidents are among the most serious categories of motor vehicle collisions. But avoiding accidents is not just the pedestrian’s responsibility. In fact, Tennessee law expressly imposes a duty on all motorists to “exercise… Read More »
Can an Insurance Company Force Me to Litigate in Federal Court?
Part of the legal fallout from a car accident is dealing with insurance companies. This includes not only the company that insures the negligent driver who caused your accident, but also your own insurer. In fact, in many cases dealing with the latter is more frustrating. While an insurer representing a negligent driver is… Read More »
How Do You Prove the “Proximate Cause” of an Accident?
In any Tennessee personal injury case, it is critical for the victim to establish the “proximate cause” of an accident. Note that the proximate cause may not be the same thing as the immediate cause (or the “cause-in-fact”). For example, if a one driver runs a red light, a second driver suddenly stops to… Read More »
Uber “Self-Driving” Car Accident Raises Questions Over Legal Liability
Automated vehicles were once nothing more than a dream of science fiction writers. But today major corporations like General Motors and Uber have deployed “self-driving” cars on public roadways. Although touted as safer than traditional, human-operated vehicles, self-driving car accidents raise a host of new legal questions that legislators and courts around the country… Read More »
Can I Sue a Co-Worker for Causing a Work-Related Car Accident?
Typically if you are injured in a car accident, you can pursue damages against the negligent driver. But your legal rights may differ when your accident occurs in the course of your employment. Workers’ compensation is the state-mandated system for addressing an employer’s potential liability arising from a job-related accident. Workers’ compensation provides “no-fault”… Read More »
Can a Prison Inmate File a Personal Injury Lawsuit?
In the normal course of events, a person injured in a car accident or as the result of any other negligent act is able to recover a full range of damages under Tennessee law, including medical expenses, lost wages, and compensation for pain and suffering. But what if the accident victim is a prison… Read More »
Establishing Fault Following an ATV or UTV Accident in Tennessee
All-terrain vehicles (ATVs) and utility task vehicles (UTVs) can be great fun, especially in the hands of a properly trained and experienced driver. But negligent operation of an ATV or UTV can be devastating. Every year there are tens of thousands of injuries reported across America in ATV, UTV, and other recreational vehicle accidents…. Read More »
Can Tennessee Parents Sue Negligent Doctors for the Emotional Trauma of Watching Their Child Die?
Negligent infliction of emotional distress (NEID) is a personal injury claim that is usually based on witnessing a traumatic event. For instance, if a mother and child are in a car accident caused by a drunk driver, and the mother watches the child die, she could sue the driver for negligent infliction of emotional… Read More »
Can I Win a Personal Injury Claim Even If I Don’t Know How the Accident Happened?
The key to any personal injury claim is establishing the defendant’s negligence. Sometimes this is pretty straightforward, such as a driver running a red light and hitting another car. But negligence is obviously much more difficult to establish when nobody witnessed the specific act that caused the plaintiff’s injury. TN Supreme Court: No Evidence… Read More »
