Collierville Car Accident Lawyer
Collierville drivers who have just been hit are usually asked to make three decisions in the first week: whether to give a recorded statement, whether to accept a quick check, and whether to get a lawyer. Fox, Farley, Willis & Burnette is a Tennessee personal injury law firm that handles car accident claims for injured people and their families in Collierville and across Shelby County, and we are glad to help you think through all three. If you are searching for a Collierville car accident lawyer, this is what you should know before you sign or say anything to an insurer.
Collierville sits where suburban traffic meets freight and commuter routes. Poplar Avenue carries heavy volume through town, and drivers on Highway 72, Byhalia Road, and the roads around the Town Square deal with turning conflicts, sudden stops, and rushed trips between shopping centers. Those conditions produce rear-end collisions, failure-to-yield crashes at busy intersections, and wrecks involving drivers who were looking at a phone instead of the road.
Insurance adjusters often call within a day or two. They are friendly, they sound helpful, and their job is to limit what the company pays. What you say early can shape the value of your claim for months.
Kinds of Collierville Crashes We Take On
- Rear-End and Intersection Collisions: Stop-and-go traffic along Poplar Avenue and at the signals near the Square leads to whiplash, herniated discs, and concussions that may not show full symptoms for days.
- Distracted Driving Crashes: Tennessee’s Hands Free law bars holding a phone, reading or sending texts, and watching or recording video while driving. A violation is a Class C misdemeanor, and evidence of phone use can matter a great deal when fault is disputed.
- Drunk and Impaired Driver Wrecks: The per se alcohol limit is 0.08 percent, and impairment can also come from drugs or medication. Intoxication can lift the cap on noneconomic damages, which makes proof of impairment important to the value of a case.
- Tractor-Trailer and Commercial Vehicle Crashes: Freight moves through the Memphis area constantly, and a collision with a delivery truck or tractor-trailer often involves a driver, a carrier, and sometimes a maintenance contractor.
- Motorcycle, Pedestrian, and Bicycle Cases: Riders and walkers have no protection in a collision, and drivers frequently claim they never saw them. These cases turn on visibility, speed, and witness accounts.
- Uninsured and Underinsured Driver Claims: Tennessee’s minimum coverage is modest compared with the cost of a serious injury, so your own uninsured motorist coverage may become a key source of recovery.
- Wrongful Death After a Crash: When a family member is killed, the law decides who may bring the claim, and the deadline runs from the date of the injury.
Why Collierville Families Choose Fox, Farley, Willis & Burnette
Fox, Farley, Willis & Burnette brings more than 170 years of combined attorney experience to car and truck crash cases, and the firm has recovered over $100 million for clients. We represent injured people in Collierville and throughout Shelby County, and we work for clients across all of Tennessee. Consultations are free, and in personal injury cases we charge no attorney fees unless compensation is recovered. If your injuries keep you from traveling, we can meet you at home or in the hospital.
Two of our partners spent the early part of their careers defending insurance companies, trucking companies, and businesses. That background matters in a car wreck case because they have seen how adjusters value claims and how defense lawyers pick them apart.
Bruce D. Fox, co-founder, has tried more than 125 jury trials in state and federal court. He is a past president of the Tennessee Trial Lawyers Association, received its Lifetime Achievement Award and its Paladin Award, belongs to the American Board of Trial Advocates, and has been named to Mid-South Super Lawyers 17 times. Partner Brad C. Burnette holds an AV Preeminent rating from Martindale-Hubbell and sits on the association’s Board of Governors, and partner John Willis serves on that board as well. Trial attorney Michael C. Beehan is fluent in Spanish, and hablamos español for clients who prefer to tell their story in their own language.
Results matter more than résumés. 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. Every case is different, and past results do not guarantee a similar outcome.
How a Collierville Car Accident Claim Is Built
A strong claim is assembled from evidence, and much of that evidence is perishable. When we take a case, we move quickly to preserve what the other side would prefer to lose.
That starts with the crash itself. We obtain the police report, identify witnesses, and look for video from nearby businesses and traffic cameras before footage is overwritten. In a commercial vehicle case we send preservation demands so driver logs, maintenance records, and electronic data are not discarded. If phone use is suspected, we pursue the records that show it.
Next comes the medical picture. Car crash injuries often develop over time, and an early diagnosis of “sprain” can become a surgical recommendation weeks later. We document treatment as it happens and talk with your providers so the claim reflects what your injuries will cost over the long term, including future care and lost earning capacity.
Then we deal with the insurance company. We identify every policy that might apply, including your own uninsured motorist coverage, and we present the claim with the evidence behind it. If the insurer will not pay what the case is worth, our trial lawyers are prepared to file suit and put it in front of a jury.
Fault, Damage Caps, and Deadlines in a Tennessee Wreck Case
Tennessee follows modified comparative fault. You can recover if you are less than 50 percent responsible, and your award is reduced by your share. At 50 percent or more, the claim is barred. Fault can also be assigned to people who are not parties to the lawsuit, and joint and several liability has been abolished in most negligence cases, so each defendant generally answers only for its own share. Insurers know all this, which is why they push to assign more blame to injured drivers.
Damages come in two broad types. Economic damages, which cover medical bills, lost income, and future care, have no cap in Tennessee. Noneconomic damages, such as pain and suffering, are generally limited to $750,000, or $1 million for a defined catastrophic loss or injury such as paraplegia, quadriplegia, or the death of a parent of minor children. Those limits do not apply when the defendant intended the harm, was intoxicated, destroyed evidence, or was convicted of a related felony. The jury is not told about the cap; the court applies it afterward. Punitive damages, where allowed, are generally limited to the greater of twice the compensatory award or $500,000.
The deadline is short. Most injury lawsuits must be filed within one year of the crash. That period can stretch to two years when the at-fault driver is criminally charged and the prosecution begins within the first year, but you should never plan around that exception. Property damage claims have three years. Claims against a city or other government body fall under the Governmental Tort Liability Act and must be filed within 12 months, with damages capped at $300,000 per person and $700,000 per occurrence. If the injured person was under 18 at the time, the clock is paused until the 18th birthday.
What to Do After a Crash in Collierville
Get medical care first, even if you feel fine. Adrenaline hides pain, and a gap between the wreck and your first appointment gives an insurer an argument that something else caused your injuries. Collierville has local emergency and urgent care options, and for serious injuries paramedics will usually take you to a trauma center in the Memphis area.
Call the police so a report is made. Whether the responding officers are from the Collierville Police Department or another agency, ask how to get a copy of the report. At the scene, photograph the vehicles, the roadway, the signals, any skid marks, and your injuries before anything is moved or repaired. Get names and contact details for witnesses, and the other driver’s insurance information.
Be careful with insurers. You must report the crash to your own company, but you are not required to give the other driver’s insurer a recorded statement, and you should not sign medical releases that open your entire history. Do not accept a settlement while you are still treating, because once you sign, the claim is closed even if surgery turns out to be necessary.
Keep a simple record of symptoms, missed work, and out-of-pocket costs. Do not post about the crash or your activities on social media, since defense lawyers do read it. Then call us. Shelby County cases are heard in the courts there, and a lawyer can tell you early whether your claim is likely to settle or whether litigation should be planned from the start. Most crash claims resolve without trial, but the strongest settlements come from cases built as if trial were coming.
Collierville Car Crash Questions, Answered
How long do I have to file a car accident lawsuit in Tennessee?
Generally one year from the date of the crash. A two-year window can apply when the other driver is criminally prosecuted within that first year, but a simple traffic ticket from a city court usually does not qualify. Property damage has a separate three-year deadline.
What if I was partly at fault for the wreck?
You may still recover as long as your share of fault is under 50 percent. The award is reduced by your percentage, so a 20 percent share trims the recovery by a fifth. Reaching 50 percent ends the claim, which is why fault disputes get so much attention.
Does Tennessee cap what I can recover?
Not for economic losses. Pain and suffering and similar damages are generally capped at $750,000, with a $1 million ceiling for catastrophic injuries. The caps can be lifted in cases involving intoxicated defendants or intentional harm.
The other driver had minimum insurance. Is that all I can get?
No. Your own uninsured or underinsured motorist coverage may add to the recovery, and in some cases the at-fault driver’s employer or another responsible party carries additional coverage. We look for every available source before evaluating a settlement.
Do I need a lawyer for a minor crash?
If there are no injuries and only a small repair bill, you may not. But soft tissue and back injuries can worsen over weeks, and a quick settlement ends your right to more. A free consultation costs nothing and helps you decide.
Will my health insurance cover treatment while the claim is pending?
Often yes, and using it keeps you from delaying care. Your health plan or another payer may have a right to be repaid from your recovery, so those claims need to be tracked and negotiated as the case moves along.
What if the driver who hit me left the scene?
A hit-and-run claim can often proceed through your uninsured motorist coverage, and police and video evidence may help identify the driver. We handled a case where a motorcyclist lost his leg to a driver who fled and recovered $2.3 million.
How does a texting driver change my case?
Tennessee’s Hands Free law prohibits holding a phone and reading or sending messages while driving. Proof that the other driver was on a device can strengthen fault arguments, and phone records can be sought in litigation.
Can a family bring a claim after a fatal crash?
Yes. The right to sue passes first to the surviving spouse, then to children or next of kin, or the claim may be brought by a personal representative. In a death case, the one-year period runs from the date of the injury, not the date of death.
What does it cost to hire your firm?
Nothing up front. We are paid only if we recover compensation, and the first consultation is free.
I live outside Tennessee but was hurt in Collierville. Can you help?
Yes. We handle the investigation, negotiations, and filings here and keep you updated wherever you live.
Serving Collierville and the Rest of Shelby County
We represent injured drivers and families in Collierville, including the Town Square area and the neighborhoods along Poplar Avenue, Byhalia Road, and Highway 72. Our reach extends across Shelby County and into neighboring Memphis, where we regularly represent people hurt on the interstates and arterials that carry commuters and freight through the region.
Beyond Memphis, our attorneys handle crash cases throughout Tennessee, from Nashville and Johnson City to Knoxville, Maryville, Sevierville, Gatlinburg, Pigeon Forge, Clinton, and LaFollette. We have represented clients in Knox, Sevier, Blount, Anderson, Campbell, Roane, Claiborne, Morgan, Jefferson, and Monroe counties, and across East Tennessee. If you were hurt in a wreck anywhere in the state, we can review your case and explain your options.
Talk With a Collierville Car Accident Attorney Today
The sooner you speak with a Collierville car accident attorney, the more evidence can be saved and the fewer mistakes can be made with the insurance company. Call Fox, Farley, Willis & Burnette for a free consultation. We will listen to what happened, tell you honestly what your claim looks like, and explain what comes next. You pay nothing unless we recover compensation for you.
