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Auto Accidents: Injuries and Compensation

May 15, 2018

Tennessee Auto Accident Attorneys

Generally, a person hurt in an automobile accident may bring a claim or lawsuit to recover the actual expenses associated with property damage, medical costs, economic damages, and emotional and physical pain and suffering. Recovering full value for your suffering can be complicated. Retaining a skilled attorney familiar with auto accident damages will place you in the best position to receive the recovery that you deserve.

Damages

In automobile accident cases, as in all negligence cases, the injured person may recover for physical pain and suffering, mental pain and suffering, medical and rehabilitative expenses, past and future lost income, permanent impairment and permanent disfigurement. Typical reparations may also include future medical bills that are reasonably certain, loss of enjoyment of life, and physical property damage. A previous injury does not always prevent the right to recover compensation. The injured person may still recover damages for re-injuring or aggravating an earlier injury. In order to keep track of the damages, a person injured in an accident should keep a daily diary describing how the injury affects him or her and his or her immediate family.

Family member’s damages

The spouse of the injured party may also be able to recover for damage to the marital relationship. Both the husband and wife usually bring the claim, which is known as “loss of consortium.” Loss of consortium generally refers to any negative outcome on the marital relationship caused by the accident and includes loss of the spouse’s love, companionship, comfort, affection, solace, moral support, sexual relations, ability to have children, and physical assistance in the operating and maintaining a home. Loss of consortium can be either temporary or permanent.

Insurance

If the person responsible has insurance, then his or her insurance company should compensate the victim for his or her damages. Unfortunately, most insurance companies do not play fair when making their offer. If the other driver does not have enough insurance or is not insured at all, the victim may be entitled to compensation from his or her own insurance company under the uninsured or underinsured motorist provision. Utilizing this provision of your policy will never make your insurance rates go up, nor will the insurance company be allowed to drop your coverage. Also, other insurance policies, such as the policies of other family members or employers, may provide benefits to the injured party. Even if the person who was hurt was partially at fault, the law may permit a recovery. To protect yourself and your family in the event of an accident, you should contact an experienced attorney to look over your insurance policies and to inform you of your legal rights under your policies.

Recovery Amount

The value of an automobile accident case depends on many factors, including how the collision occurred, how easily the other party’s fault can be established, the type and seriousness of the injuries, the type, frequency, and extent of medical treatment required, and the amount of insurance coverage available. Other relevant factors may include how the accident occurred, the extent of vehicle damage involved, whether the injuries are permanent or involve significant scarring, the amount of your past and expected future medical bills, and the effect of the accident on your income. Every personal injury case is different. Therefore, the help of a lawyer experienced in handling automobile accident cases is vital to determine the fair value of your personal injury claim.

Generally, a person hurt in an automobile accident may bring a claim or lawsuit to recover the actual expenses associated with property damage, medical costs, economic damages, and emotional and physical pain and suffering. Recovering full value for your suffering can be complicated. Retaining a skilled car accident lawyer San Antonio familiar with auto accident damages will place you in the best position to receive the recovery that you deserve.

Damages

In automobile accident cases, as in all negligence cases, the injured person may recover from physical pain and suffering, mental pain and suffering, medical and rehabilitative expenses, past and future lost income, permanent impairment and permanent disfigurement. Typical reparations may also include future medical bills that are reasonably certain, loss of enjoyment of life, and physical property damage. A previous injury does not always prevent the right to recover compensation. The injured person may still recover damages for re-injuring or aggravating an earlier injury. In order to keep track of the damages, a person injured in an accident should keep a daily diary describing how the injury affects him or her and his or her immediate family.

Family member’s damages

The spouse of the injured party may also be able to recover for damage to the marital relationship. Both the husband and wife usually bring the claim, which is known as “loss of consortium.” Loss of consortium generally refers to any negative outcome on the marital relationship caused by the accident and includes loss of the spouse’s love, companionship, comfort, affection, solace, moral support, sexual relations, ability to have children, and physical assistance in the operating and maintaining a home. Loss of consortium can be either temporary or permanent.

Insurance

If the person responsible has insurance, then his or her insurance company should compensate the victim for his or her damages. Unfortunately, most insurance companies do not play fair when making their offer.  If the other driver does not have enough insurance or is not insured at all, the victim may be entitled to compensation from his or her own insurance company under the uninsured or underinsured motorist provision. Utilizing this provision of your policy will never make your insurance rates go up, nor will the insurance company be allowed to drop your coverage. Also, other insurance policies, such as the policies of other family members or employers, may provide benefits to the injured party. Even if the person who was hurt was partially at fault, the law may permit a recovery. To protect yourself and your family in the event of an accident, you should contact an experienced attorney to look over your insurance policies and to inform you of your legal rights under your policies.

Recovery Amount

The value of an automobile accident case depends on many factors, including how the collision occurred, how easily the other party’s fault can be established, the type and seriousness of the injuries, the type, frequency, and extent of medical treatment required, and the amount of insurance coverage available. Other relevant factors may include how the accident occurred, the extent of vehicle damage involved, whether the injuries are permanent or involve significant scarring, the amount of your past and expected future medical bills, and the effect of the accident on your income. Every personal injury case is different. Therefore, the help of a lawyer experienced in handling automobile accident cases is vital to determine the fair value of your personal injury claim.

Conclusion

Injuries received in an auto accident can be tragic and life-altering. Serious and disabling injuries can affect not only the injured party but family members as well. Even relatively minor injuries that require medical care and result in lost time from work can have a serious impact on a family. If you are an automobile accident victim and have questions or concerns about your losses, call on our personal injury law firm to assist you by diligently pursuing the individuals or companies that caused your injuries, determining what insurance is available, and maximizing your recovery.

If you have been hurt in an auto accident, contact our attorneys today. We offer free initial consultations and work on a contingent fee basis, which means that there is never a fee unless we successfully settle your case.

Injuries received in a auto accident can be tragic and life-altering. Serious and disabling injuries can affect not only the injured party but family members as well. Even relatively minor injuries that require medical care and result in lost time from work can have a serious impact on a family. If you are an automobile accident victim and have questions or concerns about your losses, call on our personal injury law firm to assist you by diligently pursuing the individuals or companies that caused your injuries, determining what insurance is available, and maximizing your recovery.

If you have been hurt in an auto accident, contact our attorneys today. We offer free initial consultations and work on a contingent fee basis, which means that there is never a fee unless we successfully settle your case.

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Tennessee Auto Accident Attorneys

May 10, 2018

Car Crash Lawyers
Every car accident in Tennessee is different. Every set of damages, injuries, and losses are unique. While most auto accidents in Tennessee are caused involuntarily by mere negligence and momentary lack of attention, some accidents are caused by seriously needless and reckless behavior, such as high speed reckless driving, drunk driving, or “driving under the influence.” Such reckless behavior is not only negligent, but may entitle the victim to punitive or special damages in addition to his or her actual damages.

We know not just the rules of the road and the special duties imposed on commercial and public carriers, but we also work to find answers to complex scientific and engineering questions where often such answers are necessary to reveal just how an accident occurred on the roadways of Tennessee and who, if anyone, was at fault. Our attorneys handle car crash and auto accident cases having to do with:

• Rear end collisions
• Intersection accidents
• Alcohol related crashes
• Hit and run
• Passenger injuries
• Motorcycle accidents
• Semi-truck and tractor trailer crashes
• Pedestrian accidents
• Uninsured motorists
• Bicycle accidents

If you have been hurt in an auto accident, please contact our attorneys today. We offer free initial consultations and work on a contingent fee basis, which means that there is never a fee unless we successfully settle your case.

Drunk Driving Accidents

In a claim arising from a drunk driving collision, in addition to the intoxicated driver being held responsible for the injuries he or she caused, a bar may be liable for damages if they served an obviously intoxicated person, who then drove and caused an accident. The fact that the individual who served the drunk driver alcohol may be held liable does not relieve the drunk driver of responsibility, however. Experienced personal injury attorneys are aware of the many laws governing legal responsibility and can help you identify who might be held accountable for your injuries, including individuals or businesses you may not have considered.

Establishing Liability for Your Loss

As with other types of collisions, figuring out who is at fault in a traffic accident is a matter of deciding who was careless. In many cases, your instincts will tell you that a driver, cyclist or pedestrian acted recklessly, but not what rule or rules that person violated. Fault issues can be complicated, and a skilled attorney will look to a number of sources, such as police reports, state traffic laws, and witnesses, to help you uncover who was at fault for your accident.

Courts look to a number of factors in determining whether a driver was negligent. Some of these factors include, but are not restricted to, the following:

disobeying traffic signs or signals;
failing to signal while turning;
driving above or below the posted speed limit;
disregarding weather or traffic conditions;
failing to drive on the right side of the road; and
driving under the influence of drugs or alcohol.
Causes of Automobile Accidents

A driver may also be held accountable for an accident due to his or her intentional or reckless conduct. A driver who is careless is one who drives unsafely, with “willful and wanton disregard” for the rights and safety of others. A driver could be found reckless, for example, if he or she drives in an aggressive or harassing manner out of “road rage” and causes an accident.

Statistics gathered in 1997 by NHTSA and the American Automobile Association showed that almost 13,000 people had been injured or killed since 1990 in accidents caused by aggressive driving. According to a NHTSA survey, more than 60 percent of drivers consider unsafe driving by others, including speeding, a serious personal threat to themselves and their families. About 30 percent of people said they felt their safety was threatened in the last month, while 67 percent felt this threat during the last year.

Traffic safety and law enforcement organizations are renewing efforts to identify and penalize menacing drivers-those who speed, tailgate, zip from lane to lane, flash headlights in frustration, and take part in other dangerous driving practices. The NHTSA defines threatening driving as a progression of unlawful driving actions such as:

speeding-exceeding the posted limit or driving too fast for conditions;
improper or excessive lane changing;
failing to signal intent;
failing to see that movement can be made safely; or
improper passing-failing to signal intent, using an emergency lane to pass, or passing on the shoulder.
Avoiding an Accident

If you are confronted by an aggressive driver, the NHTSA recommends that you take the following steps:

Get out of the way: first and foremost, make every attempt to get out of his or her way.
Put your pride aside: do not challenge the aggressive driver by speeding up or attempting to hold-your-own in your travel lane.
Avoid eye contact: eye contact can sometimes enrage an aggressive driver.
Avoid gestures: ignore gestures and refuse to return them.
Report serious aggressive driving: you or a passenger may call the police, but, if you use a cell phone, pull over to a safe location.
Drunk Driving

Every 30 minutes, someone in this country dies in an alcohol-related accident. Last year alone, over one million people were wounded in alcohol-related collisions.

In some cases, accidents are caused by factors unrelated to the behavior of any particular driver. For example, an automobile accident may occur due to a defect in one’s car. In such a case, an automobile manufacturer or supplier may be held accountable for injuries caused by a defect in the automobile under the law of product liability. A product liability suit is a lawsuit brought against the seller of a product for selling a defective product that caused physical injury to a consumer or user. If a manufacturer of a product creates a defective product-either in designing, manufacturing, or labeling the product-the manufacturer is responsible for any injuries the product causes, regardless of whether the manufacturer was negligent.

Another example of a situation where a driver may not be held accountable for an accident is where a mechanic fails to properly repair a vehicle, and the failure causes an accident. In such a case, the person who improperly repaired the car, and his employer, may be responsible for the injuries sustained under the theory of negligence.

Other factors, such as poorly kept roads and malfunctioning traffic control signals can contribute to cause an accident as well. Improper design, maintenance, construction, signage, lighting or other highway defects, including poorly placed trees and utility poles, can also cause serious accidents. In cases like this, government entities may be potential defendants. Special rules apply to claims and lawsuits brought against governmental bodies, however. Good legal guidance is critical to preserving and winning such claims.

Conclusion

In all of the above cases, it is critical that accident victims take prompt measures to preserve evidence, investigate the accident in question, and have physicians or other expert witnesses thoroughly evaluate any injuries. If you have been a victim of an automobile accident, do not hesitate to call upon personal injury attorneys who are knowledgeable and experienced in motor vehicle accident cases to review your situation and determine the best way for you to obtain any compensation available for the damages you suffered.

If you have been injured in an auto accident, please contact our attorney today. We offer free initial consultations and work on a contingent fee basis, which means that there is never a fee unless we successfully settle your case.

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Auto Accidents: Who is At Fault?

March 12, 2018

Tennessee Injury Lawyers
Fault

As with other types of accidents, figuring out who is at fault in a traffic accident is a matter of deciding who was careless and the cause of the accident. In many cases, your instincts will tell you that a driver, cyclist or pedestrian acted recklessly, but not what rule or rules that person violated. Fault issues can be tricky, and a skilled attorney will look to a number of sources, such as police reports, state traffic laws, and witnesses, to help you determine who was at fault for your accident. Courts look to a number of factors in determining whether a driver was at fault. Some of these factors include, but are not restricted to, the following:

• disobeying traffic signs or signals;
• failing to signal while turning;
• driving above or below the posted speed limit;
• disregarding weather or traffic conditions;
• failing to drive on the right side of the road; and
• driving under the influence of drugs or alcohol.

Causes of Automobile Accidents

A driver may also be held accountable for an accident due to his or her reckless behavior. A driver who is careless is one who drives unsafely, with “willful and wanton disregard” for the probability that such driving may cause an accident. A driver could be found negligent, for example, if he or she drives in an aggressive or harassing manner out of “road rage” and causes an accident.

Statistics compiled in 1997 by NHTSA and the American Automobile Association showed that almost 13,000 people had been wounded or killed since 1990 in crashes caused by aggressive driving. According to a NHTSA survey, more than 60 percent of drivers consider unsafe driving by others, including speeding, a serious personal threat to themselves and their families. About 30 percent of respondents said they felt their safety was threatened in the last month, while 67 percent felt this pressure during the last year.

Traffic safety and law enforcement organizations are renewing efforts to identify and penalize menacing drivers-those who speed, tailgate, zip from lane to lane, flash headlights in frustration, and take part in other dangerous driving practices. The NHTSA defines threatening driving as a progression of unlawful driving actions such as:

speeding-exceeding the posted limit or driving too fast for conditions;
improper or excessive lane changing;
failing to signal intent;
failing to see that movement can be made safely; or
improper passing-failing to signal intent, using an emergency lane to pass, or passing on the shoulder.
Accidents that are Not Caused by the Drivers Involved

In certain cases, collisions are caused by factors unrelated to the behavior of any particular driver. For example, an automobile accident may occur due to a defect in someone’s car. In such a case, an automobile manufacturer or supplier may be held accountable for injuries caused by a defect in the automobile under the law of product liability. A product liability suit is a lawsuit brought against the seller of a product for selling a defective product that caused physical harm to a consumer or user. If a manufacturer of a product creates a defective product-either in designing, manufacturing, or labeling the product-the manufacturer is responsible for any injuries the product causes, regardless of whether the manufacturer was negligent.

Another example of a situation where a driver may not be at fault for an accident is where a mechanic fails to properly fix a vehicle, and the failure causes a collision. In such a case, the person who improperly repaired the car, and his employer, may be responsible for the injuries sustained under the theory of negligence.

Other factors, such as poorly kept roads and malfunctioning traffic control signals can contribute to cause an accident as well. Improper design, maintenance, construction, signage, lighting or other highway defects, including poorly placed trees and utility poles, can also cause major accidents. In circumstances such as this, government entities may be potential defendants. Special rules apply to claims and lawsuits brought against governmental bodies, however. Good legal guidance is critical to preserving and winning such claims.

Conclusion

In all of the above cases, it is essential that accident victims take prompt measures to collect evidence, investigate the accident in question, and have physicians or other expert witnesses thoroughly evaluate any injuries. If you have been a victim of a car accident, do not hesitate to call upon personal injury attorneys who are knowledgeable and experienced in auto accident cases to assess your situation and determine the best way for you to obtain any compensation available for the damages you suffered.

If you have been injured in an auto accident, please contact our attorneys today. We offer free initial consultations and work on a contingent fee basis, which means that there is never a fee unless we successfully settle your case.

Read More