Memphis Car Accident Lawyers
Protecting car accident victims in Memphis, Jackson, and beyond
You are driving to work, listening to the radio and at peace with the world when the unthinkable happens: another driver appears out of nowhere and hits you. The next things you hear are the radio, still playing a favorite song, and the sound of sirens, and you are trying to recover from the shock. This is what it can be like when you’re in a serious car accident.
This scenario is too often played out all over West Tennessee. Lives are tragically altered every day by car accidents on our roadways, and it’s usually because someone has made a mistake. It could be a hazardous road condition, a poorly marked road, or an inattentive or impaired driver. Whatever the cause, you must deal with the end results, which may include a personal injury lawsuit. If you are injured in a car wreck, Greer Injury Lawyers, PLLC, is by your side and ready to help. We help families just like yours throughout Memphis, Jackson, and all of West Tennessee to obtain the compensation they deserve after a car crash.
According to data from the Tennessee Dept. of Safety and Homeland Security (TDOSHS), there were 177,883 crashes in 2023, resulting in 534 fatalities and 1,919 serious injuries.
What type of car accident cases do we accept?
We are interested in representing clients who have suffered a serious injury in a Memphis car crash. If your injuries require a hospital stay and lost time from work, you need to contact Greer Injury Lawyers, PLLC, to learn about your options for recovering compensation right away.
Common types of car accidents
Under Tennessee law, you can only collect compensation for an accident if you were less than 50% at fault for that accident. In some cases – say, if you are rear-ended while waiting at a red light – the fault is clearly with the other driver. But in other cases, proving that you played no role in your own accident or injuries can be challenging. Greer Injury Lawyers has helped victims just like you obtain the compensation they need after an accident involving:
- Head-on collisions with moving or stationary objects
- Crashes involving wild life
- Broadside collisions or T-bone accidents
- Sideswipe accidents
- Rear-end collisions
- Multi-car accidents
- Accidents caused by defective auto parts
- Accidents involving commercial truck drivers
- Motorcycle crashes
Whether you were hit by a distracted driver or your car’s safety features failed to engage correctly, Greer Injury Lawyers offers you knowledgeable and competent counsel based on years of trial experience.
Free Case Evaluation
Practice Areas
- Motor Vehicle Accidents
- Car Accidents
- Types of Car Crashes
- Distracted Driver Accident
- Seat Belts, Car Sets and Safety Restraint Systems
- Truck Accidents
- Motorcycle Accidents
- Mass Transit Accidents
- Bicycle Accident
- Pedestrian Accident
- Drunk Driving
- Uber and Lyft Accidents
- Train, Trolley and Subway Crashes
- Bus Accident Injury
- Taxi Cab, Car Service and Limousine Injury
Examples of injuries from car crashes
Whether it is called an accident, a collision, a wreck, or a crash, when a vehicle hits another vehicle, a pedestrian, or a stationary object, the results are always costly, and sometimes, the results are fatal. With so many cars on the road at any given time, it is almost miraculous that people manage to make it through the day without having an accident.
The results of these traffic crashes often include serious injuries, such as the following:
- Traumatic brain injuries (TBIs)
- Neck and spinal cord injuries
- Internal bleeding
- Cuts and lacerations
- Broken bones (hip, collarbone, arm, leg)
- Mental trauma
- Organ damage
- Soft tissue injuries
- Permanent vision or hearing loss
What should I do if I’m hurt in an accident in Memphis?
If you have been involved in a car accident in Memphis in which you suffered a serious injury, after seeking the appropriate medical attention, your next step is to contact a Memphis car accident attorney. If you have been injured, are receiving medical treatment, and are losing time from work, it is vital that you begin the process of holding those responsible for your injuries accountable for their negligence. We will handle the legal issues while you focus on recovering from your injuries.
I highly recommend Greer Injury Lawyers! Best law firm in Memphis hands down!
Do I need a personal injury attorney?
Would you perform your own root canal? Probably not. When you have been injured in a car accident, you look to a Memphis accident attorney because they have the skill and experience to represent your interests and fight for the compensation you deserve. We determine who is at fault in the accident, whether to settle with the insurance company or file a lawsuit, and how to avoid the tactics that the insurance company will use to avoid paying what your injury is worth. These are specialized skills in which our team of car accident attorneys excel. You can depend on us to recover more compensation than you could on your own.
What does a car accident lawyer in Memphis, Tennessee charge?
Our skilled Memphis car accident attorneys take personal injury cases on contingency, which means you do not pay any attorney fees unless we recover compensation for you. Our attorney fees represent a percentage of the damages that you receive either in a settlement or jury verdict if the case goes to trial. With this arrangement, you can afford to hire a personal injury attorney without paying an up-front retainer, and you can afford to have an experienced advocate working on your behalf to recover the compensation you deserve.
Our Memphis car accident lawyers handle all manner of car crashes caused by various reasons. We know that the most serious crashes can lead to months, years, or even a lifetime of medical expenses. Without proper care, a victim may need to undergo multiple surgeries, could face an increased risk of infection, and may possibly be unable to work again. We also know that you are frightened, frustrated, and anxious about how you can pay your bills, keep a roof over your head, and make sure your loved ones get the best possible care. When you feel like there is no end in sight, you can rely on the auto accident lawyers of Greer Injury Lawyers to look out for you.
Why choose to work with the law firm of Greer Injury Lawyers?
Our car accident lawyers are widely acknowledged throughout West Tennessee for our willingness to take even the most complex cases to trial when it would benefit our clients. We have secured multi-million dollar verdicts and settlements on behalf of the clients we represent.
We also offer people a safe place to discuss their goals and their fears. We know that after an accident, your feelings are likely to change drastically while you try to make sense of what’s happened to you and your family. We can help you through that process, creating options that are designed with your best interests in mind. There is a reason so many of our former personal injury clients recommend us to their friends and loved ones.
Is there a Memphis car accident lawyer near me?
Greer Injury Lawyers, PLLC are located in Memphis, Jackson and Nashville and represent people throughout Tennessee. Rest assured, however, that if you are critically injured and unable to come to us, we will travel to visit you in the hospital or rehabilitation center. We also offer virtual conferences and telephone consultations.
Contact the car accident lawyers at Greer Injury Lawyers now
The car accident attorneys at Greer Injury Lawyers, PLLC, can represent you and your family in your time of need. We know what you are going through if you or a loved one has been seriously injured or killed in a car accident. We represent people like you in Jackson, Memphis, and all throughout West Tennessee with care, compassion, and capability. Please call us at 901-680-9777 or fill out our contact form to schedule a meeting with one of our car accident lawyers today.
Related Article
Frequently Asked Questions
Are punitive damages available in Tennessee auto accident cases?
The short answer is yes. Punitive damages are available as an element of damages in Tennessee auto accident cases. The question of whether punitive damages will be available in any case depends on the individual facts of the case, and it is the role of the jury to decide if punitive damages are warranted based on the evidence at trial. Punitive damages are not designed to compensate the injured party but are instead designed to punish the wrongdoer.
Tennessee law on punitive damages states that they are only available if the defendant driver or the driver’s employer acted:
Intentionally;
Fraudulently;
Maliciously; or
Recklessly;
Further, the plaintiff must prove the defendant’s actions by “clear and convincing” evidence, which is a higher burden of proof than is required to prove ordinary negligence.
Punitive damages play an important role in the Tennessee courts. Punitive damages allow a jury to punish a defendant for especially harmful behavior, whether it is a corporate defendant or an individual defendant, and send a message that certain acts will not be tolerated in Tennessee communities.
If you have a question about whether you may be entitled to punitive damages in a Tennessee auto accident case, contact one of our experienced Memphis car accident attorneys today by calling 1-888-470-9143.
Greer Injury Lawyers represents people with auto accident claims in Tennessee and Mississippi, including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland, and all of Shelby, Fayette, and Tipton Counties. We have also handled cases in Arkansas, Georgia, and Missouri.
What Types of Damages Can I Collect in an Auto Accident Case?
If you are injured in an auto accident, you can recover money for both economic and non-economic losses. Your ability to collect money will depend on the facts of the case and may also depend on whether you hire an experienced auto accident attorney. The following are the categories of damages that you may be able to collect in a personal injury lawsuit.
Medical Bills – If the accident resulted in medical treatment, you can collect for reasonable and necessary medical bills that occurred in the past as well as reasonable and necessary medical bills that are likely to be incurred in the future as a result of the accident.
Loss of Earning Capacity – This element of damages compensates a person for the person’s loss in ability to earn money that has been lost in the past and of the ability to earn money that is reasonably certain to be lost in the future.
Physical Pain and Suffering – If the auto accident caused physical pain, such as broken bones, torn muscles, bruises, and burns, you may collect money for the discomfort experienced both in the past and for any pain likely to be experienced in the future.
Mental or Emotional Pain and Suffering – You may collect money for any past or future emotional pain and suffering, such as anguish, distress, fear, humiliation, grief, shame or worry.
Disfigurement – This element of damages compensates a person if the person’s appearance is permanently damaged in the auto accident, such as from a scar, burn, or loss of limb.
Loss of Ability to Enjoy Life – A person can collect money for the limitations placed on the ability to enjoy the pleasures of life after the accident.
Disability – This element of damages compensates an injured person if the auto accident prevents a person from living life in comfort by adding inconvenience or loss of physical ability.
Loss of Consortium – If the injured party is married, his or her spouse will have a claim for the loss of services, companionship, love and affection.
What should I do if my Tennessee car accident insurance claim was denied?
First of all, do not give up! If your accident involved injuries, property damage and/or was the fault of another driver, you have a right to compensation.
Start by examining the reasons given in the denial letter. Then begin looking over your own insurance company’s policy. Maybe a mistake was made. If you have any questions, contact a reputable Memphis auto accident lawyer right away.
An attorney can examine all the facts of your case with full knowledge of how these facts may be used to your advantage. In addition, the other driver’s insurance company may also be held liable for your damages. When this is true, only an experienced litigator can fully represent you.
By getting professional help, you can be sure that your case will be handled with skill and legal knowledge, and that you will end up with the maximum possible compensation. Once your attorney has completed your case, you can rest assured knowing that you have done the best thing for yourself and your family.
The Memphis personal injury attorneys at Greer Injury Lawyers have both the experience and skill to successfully represent you from the beginning to the successful conclusion of your case. We serve clients throughout Tennessee and Mississippi. Call us toll free today for a case evaluation at 888-470-9143.
Can I File an Auto Accident Lawsuit Against a City or County when the Government Vehicle was at Fault?
In Tennessee, you can bring a claim against a governmental entity, such as the City of Memphis or Shelby County, if the person driving the municipal vehicle was: 1) an employee of the city or county; 2) was acting in the course and scope of his or her employment with the municipality at the time of the wreck; and 3) was negligent and at fault for the auto accident. Claims of this nature are brought under the Tennessee Governmental Tort Liability Act. There are several limitations to this type of injury claim that people should be aware of:
Claims must generally be brought within one year of the date of injury; however, there are a few exceptions
There are limitations on the amount of money you can recover against a city or county
You generally do not have the right to a trial by jury and your case will most likely be decided by a judge
Governmental entities cannot be held liable for punitive damages
The most common lawsuits filed against cities and counties are automobile accidents. The Memphis auto accident attorneys at Greer Injury Lawyers have both the experience and skill to successfully represent you from the beginning to the successful conclusion of your case. We serve clients throughout Tennessee and Mississippi. Call us toll free today for a case evaluation at 888-470-9143 or ask us a question
What should I do if an aggressive Tennessee driver harasses me on the road?
Aggressive drivers cause many accidents throughout Tennessee and the United States. These lawbreakers may even physically attack other motorists while on the road, using their cars as weapons, or follow other drivers and wait until they stop to confront them.
For these reasons, you should NEVER respond to any kind of aggression when you are driving. As a general rule, you should always be aware of other drivers on the road and respond passively to motorists who threaten you in any way.
For instance, if the driver cuts you off, slow down and give him plenty of room to move ahead of you. Or, if an aggressive driver becomes angry with you and tries to personally contact you, do not make eye contact and never respond to obscene hand gestures.
If you see an aggressive driver cause an accident, wait until it is safe, pull over and contact law enforcement to report what you have seen.
If you are the victim of an aggressive driver who causes you to have an accident, you have the moral responsibility to bring the guilty driver to justice. If it is possible, get the license number of the aggressor’s vehicle. If the accident is more serious, hopefully other responsible drivers will come forward as witnesses and identify him or her.
And, no matter what, get a good car accident attorney to represent you when an aggressive driver harms you. The Memphis car accident attorneys at Greer Injury Lawyers can advise you and take your case if necessary. Do not hesitate to contact us today toll free at 888-470-9143 to get your questions answered.
How do I prove that another driver was negligent in my Tennessee car accident?
Negligence must be proven for a Tennessee car accident lawsuit to be successful. In general, proving negligence means that you must prove that someone else was at fault in your accident. You must prove that the defendant caused your accident and that you were injured as a result.
Your lawyer will help you do this by looking at police reports, interviewing witnesses and examining state traffic laws. When the other driver has not exercised “reasonable care under the circumstances”, he or she might be considered negligent.
For example, another driver might be considered negligent if he or she did one of the following and caused your accident:
Ignored traffic signs or signals.
Was driving either too fast or too slow in relation to the posted speed limit.
Didn’t signal before turning.
Drove irresponsibly in adverse weather conditions.
Drove under the influence of alcohol or drugs.
Drove aggressively and forced an accident to happen.
When you decide to file a Tennessee lawsuit against another person, you will need expert legal guidance. We suggest that you choose a Memphis car accident attorney at Greer Injury Lawyers. We can give you and your case the personal attention you deserve. Call us today toll free at 888-470-9143, or fill out the confidential form on this page.
If I am in a car accident and file a personal injury claim, what will happen?
Once you have found a good lawyer to represent you, your compliant will be filed in the local court. Your compliant will state that you (the plaintiff) suffered injury due to the negligence of another party (the defendant). Then the case will move forward.
There are two possible outcomes if you file a personal injury claim following a car accident.
First, a settlement may be reached. This is the most common ending to car crash lawsuits. The settlement process includes attorneys and insurance representatives from both sides, along with the defendant and the plaintiff. Usually a period of negotiation will take place, and when both sides are satisfied, a settlement is reached and a specific amount of money is awarded.
In the second outcome, the negotiation process is unsuccessful and your case goes to trial. Unlike criminal trials in which the government brings charges, car accident cases are handled in civil court.
The Memphis car accident lawyers at Greer Injury Lawyers are ready and willing to take your car accident personal injury case as far as needed to get you the best possible outcome. Please give us a call toll free today at 888-470-9143 to get started with your claim.
I was recently seriously injured in a Memphis car accident caused by a road hazard. Who is liable?
When a road hazard causes an auto accident, liability depends on the situation. There are many dangerous road conditions, so there are just as many scenarios when it comes to liability.
If you plan to file a lawsuit, you must be able to prove someone was liable. Liability means that an individual or group has acted in a careless or thoughtless manner and caused you harm. Some of the typical negligent parties include:
Public Groups: This includes city, county, and state governments, or other agencies that are responsible for maintaining the roadway and warning motorists of dangerous conditions.
Private Individuals or Businesses: If, for example, a citizen allowed his or her dog to run loose, a contractor failed to secure a load and you were hit with a falling ladder, or a landscaper leaves fallen branches in the roadway, you may have a legitimate lawsuit.
Whatever the cause of your accident, it is a good idea to get some legal advice. That way you can rest assured that you have taken all the steps necessary to protect your rights and pay for expensive medical costs, property damage, loss of income, and missed time from work.
The Memphis car accident attorneys at Greer Injury Lawyers offer caring, compassionate help to the victims of serious car crashes. Call toll free today at 888-470-9143 to find out what to do next.
How much Tennessee Auto Insurance Coverage Do I Need?
We see people every day who are injured first by a careless driver, and injured again by their own auto insurance policy. Tennessee only requires $25,000 in liability coverage but it’s very risky to only have the minimum coverage. Often times raising your insurance limits a substantial amount (several hundred thousand dollars) will only cost a couple of dollars per month.
Liability coverage applies when you accidently cause a wreck. You may think you are a safe driver and only need the minimum coverage, but what happens when you are seriously injured by someone without insurance? That’s when UM coverage comes into play.
UM coverage provides money when you are injured by a person without insurance or not enough insurance. Not having enough UM coverage can be costly.
For example, we represented a young man who sustained serious injuries in a car crash. His medical bills alone totaled $100,000, but the driver of the other vehicle had no insurance. Unfortunately our client only had $25,000 in UM coverage. Needless to say, our client was left holding the bag.
As a starting point, we suggest that everyone have a minimum of $100,000 in liability coverage and uninsured motorist coverage.
Here are some additional factors to consider:
Have at least enough liability coverage to cover your net worth
Never waive uninsured motorist coverage, which protects you from an uninsured driver or underinsured driver
The more drivers covered on the policy the greater the risk, so more coverage may be required
Consider an umbrella policy to protect from catastrophic injuries
If you don’t understand your policy, call an experienced auto accident attorney
Greer Injury Lawyers represents people with auto accident claims in Tennessee and Mississippi, including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland, and all of Shelby, Fayette, and Tipton Counties. We have also handled cases in Arkansas, Georgia, and Missouri.
I was injured in a serious Memphis car crash and have my first meeting with the other guy's insurance company later this week. I am nervous. How do I handle it?
You should be careful going in to this meeting. Bring a pen and paper and record what is said. First, be sure you get all the other person’s information including full name, address, phone number and company name.
Next, you should try to be polite, even if you are angry about what happened to you. There is an old saying; “You can catch more flies with honey than vinegar.” In this case, you will do well to stay on an even keel. Calmly ask any questions you may have and note the answers.
Do not allow the conversation to be taped, do not give details of the accident or your injuries, and do not discuss witnesses you may know of. The truth is, your rights allow you to remain quiet and listen to what they have to say. Remember that you do not have to agree to anything suggested.
To be completely sure your rights are being protected, we suggest you consult with an experienced Memphis car accident attorney before going to the meeting.
The car crash specialists at Greer Injury Lawyers can answer any questions you may have concerning your accident and the insurance adjustors. Please contact us today.
Greer Injury Lawyers serve clients in Tennessee and Mississippi including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland and all of Shelby, Fayette and Tipton Counties.
I was hit broadside by a driver who ran a red light in Memphis. I was seriously injured and face a long recovery, but someone told me I couldnt sue because I wasnt wearing my seat belt. Is this true?
This is definitely not true. No matter what, Tennessee law protects your rights. The person who told you this may have been referring to some cases in which a person has been awarded less in court if it can be proved that not wearing a seat belt caused the injury.
Every state except New Hampshire requires seat belt use, but not every state has what is called a “seat belt defense” law. This type of law allows lawyers to present evidence concerning seat belt use in civil trials. Tennessee is among the 30 states that do not have a seat belt defense in place. However, of these 30 states, 26 do have laws prohibiting using evidence that a seat belt was not worn when an accident took place. Tennessee is not one of these 26 states.
What this means, basically, is that in Tennessee the law remains a bit fuzzy concerning your accident. If it was 100% caused by another driver, whether or not you were wearing a seat belt when injured may not be considered. Since using the seat belt defense is not yet standard practice, you could avoid the issue completely.
Your best option is to contact a Memphis car crash attorney who can look at the evidence and advise you. The Tennessee car accident specialists at Greer Injury Lawyers look forward to speaking with you. Call today toll free at 888-470-9143 to discuss your case.
My husband was in a horrible Tennessee car accident last week and has been diagnosed with a severe traumatic brain injury. He is still in the hospital. I am angry with the other driver and worried about my husband. How do I handle this?
This is a terrible situation for anyone to deal with. You have a long road to travel and need to take care of yourself first, so be sure you are getting rest and accepting help from those who offer. Also, don’t be afraid to ask for assistance when you need it.
That said, your husband’s injury is going to take time and patience. Your husband will need lots of rest too, and will need time for rehabilitation. No two traumatic brain injuries are alike, so your doctor will probably not be able to give you a clear picture of how long this will take, what specialists will be needed or whether the injury will have lasting effects. You will have to try to be patient and handle each issue as it arises.
As far as your anger goes, it is perfectly natural. When someone you love is hurt by another’s negligence, of course you will feel anger and resentment. But, give yourself a little time for this issue. Don’t talk to any insurance companies and DO NOT accept any offers you may receive.
If you have legal questions, it is best to consult an attorney before you talk to the insurance company. You may meet many unforeseen costs in the future, and it pays to be careful. The Memphis car accident attorneys at Greer Injury Lawyers can offer you a free case consultation and a caring, individual approach to your situation. Call us toll-free today at 888-470-9143.
I was injured in a car accident in Tennessee. How long do I have to sue?
In most cases, the statute of limitations for a car accident in Tennessee is one year from the date of the accident. Although it is generally best to assume that you have one year to sue, there are several exceptions that may apply that will allow an auto accident case to be filed after one year.
Exceptions to the One Year Statute
Injured Children – If the person injured in the auto wreck is a minor at the time of the accident, then the one year statute of limitations will not apply. The time period for filing a lawsuit on behalf of a minor is “tolled” until the minor reaches age 18, and then the person will have one year to file a lawsuit.
Incompetent Persons – Any individual with a mental or physical disability that makes them unable to make decisions about filing a lawsuit may file a lawsuit within one year after the person recovers from the disability. For instance, if a person is in a coma and unable to communicate for several months following an accident, the statute of limitations will be “tolled” until the injured person is mentally able to appreciate what has happened to them. Whether a person has a mental disability sufficient to “toll” the statute of limitations is often difficult to ascertain. Therefore, it’s best not to rely on the tolling period unless absolutely necessary.
If you have a question following a car crash in Tennessee, please call one of our Memphis, Tennessee car crash attorneys today.
Greer Injury Lawyers represents people with auto accident claims in Tennessee and Mississippi, including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland, and all of Shelby, Fayette, and Tipton Counties. We have also handled cases in Arkansas, Georgia, and Missouri.
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- What is a Certificate of Good Faith?
- Does Tennessee Have a Cap on Damages in Medical Malpractice Lawsuits?
- Why Would An Employer Hire A Private Investigator to Follow an Injured Employee
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I recently had an accident at a busy intersection in Memphis. As I was making a left hand turn, a car entered the intersection and crashed into my passenger side door. What are the rules for safe turns at intersections? Am I at fault?
While we cannot be exactly sure what happened in your case, we can share some important rules of intersection safety. Because traffic crosses paths at intersections, the chances for accidents are greater than in other situations.
It is very important that drivers understand the following rules. If everyone did, the number of Tennessee intersection accidents would decrease greatly.
When you see an emergency vehicle, whether it is a fire truck, police car or ambulance, that vehicle has the right of way, no matter what. All other traffic should stop and get to the side of the road if possible. No vehicle should move until the emergency vehicle passes through the intersection.
All pedestrians have the right of way. This is another situation in which there are no ifs, ands, or buts.
Intersections with four-way stop signs and no traffic lights can confuse people. The first car to stop has the right of way. If two cars stop at the same time, the one on the right goes first.
A green light means you can go, but only if the way is clear. Green does not mean you have the right of way. It only means you can proceed with caution.
A green arrow means that you can turn, but again, only if the way is clear. Special caution is needed at all green lights, as other drivers may run red lights, putting you in danger.
Amber lights confuse many people. If the light turns amber and it is possible, you must stop at the line. The only exception is if you are traveling too fast to stop safely.
Always drive defensively through intersections. In your case, you may well have just cause to file a Tennessee car accident claim against the other driver. To find out more, call an experienced Memphis auto accident attorney. Greer Injury Lawyers offers a compassionate, caring representation of auto accident victims. Our toll free number is 888-470-9143. Call for a free consultation today.
What are the best things to do if I am involved in a Tennessee auto accident and the other driver was drunk?
If you are the victim of a Tennessee drunk driving accident, there are several important factors to consider. Because of the nature of this crime, and because the legal system is complicated, you should consider the following:
When the accident occurs, you should immediately call the police if no one else has. Be sure the dispatcher knows you suspect a DUI. It is very important for law enforcement to be on the scene as soon as possible. They will need to collect evidence, run sobriety testing on the other driver, and gather witnesses.
If anyone in your vehicle was injured or even killed, you must be sure to contact a Tennessee auto accident attorney as soon as possible. By doing so, you are protecting your rights and your future medical bills, pain and suffering.
Understand that if the other driver had a blood alcohol content (BAC) over the legal limit of .08, the State may choose to file criminal charges against him or her. However, criminal trials punish the guilty according to state law; they do not represent your losses.
You and your attorney must file civil charges against the drunk driver in order to get restitution. A civil trial is completely separate from a criminal trial and the outcome of one does not affect the outcome of the other.
As Tennessee personal injury lawyers, we regularly see the results of drinking and driving. In fact, an average of one third of all auto accident fatalities are caused by drivers who are impaired. Call us in Memphis at Greer Injury Lawyers today toll free at 888.470.9143 to request a free case consultation.
How is fault determined when a Memphis car crash is caused by snow, sleet or ice?
When winter weather hits Memphis, car accidents are inevitable. Ice, snow, slush and sleet reduce visibility and make roads slippery. The hazardous road conditions can make it difficult to control your vehicle and increase the possibility of a Memphis car wreck. Who is at fault if your car does crash? Can you blame the weather?
When you file an insurance claim for a Tennessee winter weather accident, the insurance company may make some allowances for weather conditions, but regardless of the weather, it is a driver’s responsibility to take the necessary precautions to avoid a crash. The insurance company will take all the contributing factors into account.
Suppose that freezing rain is coming down. You slide into an intersection and hit another driver. You couldn’t control the fact that the weather made the road slippery, but you were travelling 40 mph. You weren’t breaking the law or exceeding the speed limit, but you were travelling too fast for road conditions. The insurance company will probably find you at fault. You should have considered the fact the roads were slippery and reduced your speed.
If the roads were so bad that both drivers couldn’t bring their vehicles to a stop, fault may be split between the drivers. But, the insurance company will still find fault.
You can avoid causing a Memphis winter weather accident by preparing for bad road conditions ahead of time. Read our article, “Will Memphis Get Snow This Year? Be Prepared for Winter Driving”, for valuable winter driving tips.
If you are injured in a Memphis car accident, our free book, Every Step You Take Matters After a Tennessee Auto Accident: Tips for Injury Victims, can help you protect your injury claim. Request a copy by filling out the form in the sidebar.
I've heard that some used cars have missing airbags and other damage that could make a vehicle unsafe in the event of a Tennessee auto accident. How can I tell that a used car is unsafe?
A used car can be a great deal, but there are also plenty of dangerous used cars for sale. How do you end up with a car that is safe and reliable at a fair price instead of a vehicle that is potentially dangerous? Our Memphis accident attorneys suggest that you have a mechanic check out the car that you’re hoping to buy. But, before you spend your money on a mechanic, here are three signs that a used car is not a good deal.
The seller doesn’t have repair records. If the person selling the vehicle doesn’t have repair records, you should assume that the car has either not had regular service or was not owned by the seller.
There are obvious signs of neglect. A person whose car has dings, dents, carpet stains and musty odors probably cares as little about the mechanical condition of the vehicle as he does about the exterior.
The car is a high performance car. People who buy performance vehicles are interested in what they can do. These vehicles are driven hard which means extra stress on the engine and suspension.
When you take the car to your mechanic, he should:
Check the oil and transmission fluid. Checking the oil is a good way to see if a car has been well-maintained. Old oil is black and feels gritty. Transmission fluid that needs changing is dark brown color and has a burnt odor.
Check the coolant. Your mechanic should check the coolant for debris that may indicate a lack of maintenance.
Check for accident damage. A car that has been in an accident should have a reduced price. If there are signs of a prior accident, your mechanic should check that the vehicle is safe and that the airbags are in good condition.
Our Memphis accident lawyers at Greer Injury Lawyers help those injured in Tennessee traffic accidents. To discuss your Tennessee accident claim, contact Greer Injury Lawyers at 888-470-9143. The initial consultation is free.
Have questions after a Tennessee car crash? Order a free copy of our book, Learn How to Deal with the Aftermath of a Tennessee Auto Accident with These Tennessee Accident: Tips for Injury Victims.
My friend received a phone call from a law firm a few days after being in a wreck in Memphis, Tennessee. Is this proper?
Most states, including Tennessee, prohibit lawyers from directly contacting people who have been injured in a wreck when the contact is motivated by financial gain. There are exceptions, however, such as when the person contacted:
Is a lawyer;
Has a family, close personal, or prior professional relationship with the lawyer; or
Has initiated a contact with the lawyer
Employees and agents of attorneys are also prohibited from making such contact with the prospective client. Despite the clear prohibition, there are many law firms that push the boundaries of this rule and even blatantly violate the rule
Other forms of solicitation are limited as well:
There is a 30 day waiting period for mailing information concerning a personal injury, workers’ compensation, or wrongful death case
Mailings must contain the words “Advertising Material.”
Mailed contracts must state “SAMPLE” and “DO NOT SIGN”
Written communications should not be in the form of pleadings or formal legal documents
Information can only be sent by regular mail, not certified, express delivery or by courier.
What you should do if you are improperly contacted by a lawyer or law firm
First and foremost, don’t talk to or hire the lawyer who improperly calls or solicits your case. Any attorney who solicits clients in an unethical manner is probably not the type of lawyer you want handling a serious and life changing case. Competent and skilled attorneys do not need to solicit clients through unethical means.
Second, report the lawyer to your state’s Board of Professional Responsibility. In Tennessee, complaints can be made by visiting www.tbpr.org or calling (615) 361-7500.
In Tennessee can a spouse recover compensation when your husband or wife is seriously injured or killed in an accident caused by another's negligence?
Yes. Any Tennessee personal injury accident can leave you and your loved ones in serious physical and emotional pain. This is particularly true when the injuries are caused by the negligence or intentional conduct of another person. This healing process can take months if not years to recover. During this time, however, your financial responsibilities will not stop for healing. You will continue to have monthly bills, need to afford gas, food, and other essential needs.
But these burdens are not just overwhelming for the injured person, but also the entire family. The assistance the injured victim performed around the house is lessened or totally stopped during the recovery process. This may force other household members to make sacrifices to help care for you and complete extra household chores. In addition, this may require outside assistance such as hiring other help to perform tasks.
This is why most states, including Tennessee, permit a spouse to recover damages in a separate claim called “loss of consortium.” In fact, it is so important that the Tennessee legislature codified loss of consortium in Tennessee Code 25-1-106 in 1969 which reads “There shall exist in causes where such damages are proved by a spouse, a right to recover for loss of consortium.”
Loss of consortium is a legal cause of action which would allow a husband or wife to recover damages that are sustained by his or her husband or wife in any time of Tennessee personal injury accident that caused injuries or death. Because this is a separate cause of action, the injured spouse would bring his or her personal injury claim against the defendant and the other spouse would have a separate loss of consortium claim on the same summons and complaint.
While traditionally throughout the United States loss of consortium damages focused on loss of sexual relations, the doctrine has evolved to include more conjugal duties such as the following:
- Companionship
- Affection
- Emotional support
- Love
- Society
- Services such as caring for children
- Comfort
Services such as taking care of household chores; and Assistance if the spouse relied on the injured spouse for care (i.e., the injured spouse took care of an ill or blind spouse).
While some personal injury damages are quantifiable, such as medical bills, most personal injuries like pain and suffering are not. Similarly, loss of consortium injuries is also not quantifiable; there is no precise monetary loss or cash value. Hence, pain and suffering and loss of consortium injuries are considered to be “non-economic” in nature. When there are non-economic damages in a case, the decision regarding how much that amount will be is left up for a judge or a jury to decide.
Here at Bailey and Greer, PLLC our Tennessee personal injury attorneys understand how to effectively pursue your claims. Our legal team has a proven track record of compassionately representing our clients injured in car accidents which is included in our testimonials page. Please contact us today to receive your free case evaluation by dialing locally to 901-352-5233 or toll-free to 888-470-9143. Remember, you only have one year from the date of the accident to commence your action to recover compensation.
See Our Top 10 FAQ Pages
- What is the statute of limitations for a Tennessee workers compensation claim?
- I strained my back while lifting at work. The doctor says that I also sprained a muscle. What is the difference between a strain and a sprain?
- What is sepsis and how do you get it?
- What is a Certificate of Good Faith?
- Does Tennessee Have a Cap on Damages in Medical Malpractice Lawsuits?
- Why Would An Employer Hire A Private Investigator to Follow an Injured Employee
- In Tennessee can a spouse recover compensation when your husband or wife is seriously injured or killed in an accident caused by another’s negligence?
- Are there limits on damages available in Tennessee personal injury and wrongful death cases?
- I was injured in a car accident in Tennessee. How long do I have to sue?
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I was recently injured by a drunk driver who just left a local bar in Memphis, Tennessee. Can I recover from the bar or restaurant that served alcohol to a visibly intoxicated customer?
No one wins in a Tennessee drunk driving accident. Unfortunately in most instances, there are very few people who are in a position to prevent an accident from occurring other than the negligent—and criminal—drunk driver. The effect on a victim and his or her family can be devastating and overwhelming. Often times the drunk driver does not have assets or even car insurance to cover the damages.
Sometimes victims and families are frustrated or even enraged at bars or other establishments that serve these drunk drivers—and rightfully so. Under common law principles, a bar or restaurant selling alcohol to a visibly impaired customer is not liable for injuries that the patron causes to others.
However, to some degree the Tennessee legislature addressed this problem and in some circumstances a bar, pub, restaurant, or other establishment may be liable for serving alcohol to a visibly intoxicated patron. Liability stems from the popular Dram Shop Law which has reached near universal acceptance throughout the United States. This permits an injured victim or his or her family to seek compensation directly for the establishment that provided the alcohol.
Tennessee’s Dram Shop Law, found at Tennessee Code Section 57-10-102, governs the standard of proof in alcohol-related injuries involving Dram Shop law. This section provides that no damages or compensation for personal injuries caused by the sale of any alcoholic beverage may be awarded unless a jury finds “beyond a reasonable doubt that the sale by such person of the alcohol beverage or beer was the proximate cause of the personal injury or death sustained.” Further, the legislature required one of the two following exceptions to apply:
(1) Sold the alcoholic beverage or beer to a person known to be under the age of twenty-one (21) years and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold; or
(2) Sold the alcoholic beverage or beer to a visibly intoxicated person and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold.
Therefore, to be successful in a Tennessee car accident case against a bar or other establishment, the plaintiff must prove that the sale of that alcohol was the proximate cause of his or her injury or the victim’s death. To be the proximate cause of an injury, the bar or other establishment’s sale must have been a “substantial factor” in causing the harm. This determination is a heavily fact-dependant one and requires an experienced Tennessee car accident attorney to review the law and the circumstances to acquire the compensation you deserve.
Here at Bailey and Greer, PLLC our Tennessee car accident attorneys understand how to effectively pursue your claims. Our legal team has a proven track record of compassionately representing our clients injured in car accidents which is included in our testimonials page. Please contact us today to receive your free case evaluation by dialing locally to 901-352-5233 or toll-free to 888-470-9143. Remember, you only have one year from the date of the accident to commence your action to recover compensation.
What Are Some Commonly Asked Questions About Tennessee Automobile Accidents?
When you have been involved in an automobile accident, it can be extremely frightening. Moreover, it can also lead to a serious amount of confusion as to what your options are in light of the property and/or personal injuries you sustained. As such, our seasoned personal injury attorneys have put together the following frequently asked questions to help you should you be considering to file a lawsuit against the person/entity that hit you:
Q. What is an automobile accident attorney?
An automobile accident attorney is familiar with the system that governs individuals who have been involved in an automobile accident. This can be an attorney familiar with defending against a lawsuit or an attorney seeking compensation for his or her client for the damages that resulted from the automobile accident.
Q. What damages can I recover following an automobile accident?
If you are in an automobile accident, you may suffer injuries to your vehicle or your body. These types of injuries are addressed through the Tennessee legal system.
Q. What should I do after I have been in an automobile accident?
While you are waiting for the police, and other emergency personnel, to arrive, there are a few different things you should do. Stay at the scene. Get the other driver’s name, insurance information, and vehicle information. Get the names, addresses, phone numbers, and email addresses of any witnesses. In speaking with these individuals, never admit you were at fault for the accident.
Q. Why should I never admit the accident was my fault?
You may not have all the information you need. Several factors of the accident may be unknown to you. If you admit fault, you will immediately place a hurdle in front of your attorney should you choose to pursue compensation for any injuries you received as a result of the accident.
Q. Is there anything else I should do at the scene of the accident?
Take notes and pictures. Gather all of the evidence you possibly can. However, bear in mind this: If your case goes to court one day, you may have to share all the information you gather. So be careful you do not write anything you would regret, or that could be damaging to your case.
Q. What should I do if I do not feel hurt after an automobile accident?
Even if you do not feel hurt, you should go to the hospital. Many injuries will not show up right away. You may wake up the next morning in excruciating pain. Visit the hospital and contact an experienced automobile accident attorney right away.
Q. If I am hurt in an automobile accident, how much compensation can I receive?
It depends. There are many variables involved in determining one’s compensation following an automobile accident. You may be entitled to recover your medical expenses and lost wages for any work you missed as a result of your injuries. There are other types of compensation you may be entitled to. Your attorney can discuss all forms of compensation you may be entitled to.
Q. How soon after the accident should I contact an attorney?
As soon as possible. You have a limited time to file a claim. That window of opportunity may be very small, depending on who you are making your claim against. Additionally, the evidence involved in automobile accidents typically fades quickly because emergency personnel clean up the accident scene. Mother nature also has an impact on how long evidence remains available. You should contact an attorney the day of the accident, if possible.
Q. What should I do if someone else’s insurance company contacts me?
You should never talk to anyone from another insurance company about the accident or how it happened. Remember never admit fault – even if you think it was your fault. You may need to give certain information, such as an amount of damage to your vehicle; but your attorney can help you navigate which information you should give out – and which information you should not.
The highly skilled personal injury attorneys at Greer Injury Lawyers, PLLC represent people with all types of accidents claims located throughout the states of Tennessee and Mississippi. Please contact us today to receive your free case evaluation by dialing locally to 901-352-5233 or toll-free to 888-470-9143.
What Should I Do After a Serious Car Accident in Tennessee?
There are many times in life where it pays to be prepared. Although it is not always possible to know what to do after a serious auto accident, if you have not experienced this traumatic event, it is a good idea to think about what you would do while hoping to avoid the situation entirely.
An auto accident may occur anywhere. Some locations lend themselves to an easier solution about where to go with your vehicle if you can move it. Being hit on a quiet roadway or in a parking lot likely means that you can leave your car where it is, but an accident on a busy highway may require you to move the car, if possible, to a safer location. This is one of many considerations. Your first priority must be to get you and any passengers to safety and contact the police to get them to the scene as soon as possible. Prioritize getting necessary medical treatment for you and anyone under your care.
If I am not injured, what should I do?
You should focus on gathering information from the scene of the accident. Use your smart phone or some other camera to take pictures of the accident location in order to aid in a later reconstruction. While it is still fresh in your mind, write down notes about the accident, including the weather conditions, any road debris, and details about the other vehicle and the driver. It is especially important to note whether there was any indication that the driver was texting or was otherwise distracted. You may think that these details will remain with you, but they disappear quickly once the excitement of the moment wears off. Make note of any witnesses and get as much contact information as possible. Although the law enforcement investigator also will record this type of data, it is good to have an independent source of information.
If my car cannot be driver, should I have it towed?
Yes, presuming that you are able to make these arrangements. You should call your insurance agent while at the scene, if possible. Your agent may take over the details of getting your car to the right auto repair shop. Involving your insurance company at the outset will facilitate the adjuster and repair process. If the accident scene is in a place where the police are responsible for towing the vehicle, you may have to arrange to have the vehicle towed from a contract lot to an auto repair shop. You should do this as soon as possible because you will be charged storage for every day that your vehicle remains in this type of lot. Also, you will not be able to access your car to remove paperwork or any personal items while it is in this type of storage facility.
If my car can be driven, what should I do?
If your car made it through the accident in a drivable state, you should drive straight to an auto repair shop. Although an adjuster still will have to inspect the vehicle, you will be able to get an estimate of repairs that can be used if you choose to negotiate directly the insurance company. You should not drive the vehicle any more than necessary because the insurance company may claim that you made the damage worse and try to avoid paying for some of the repairs or refuse to replace the vehicle.
These suggestions only should be followed if it is safe for you to do so and taking these actions will not jeopardize your safety or health in any way.
Getting into an auto accident is one of the most traumatic events in a person’s life. It is important to have the right attorney who knows how to put together an effective case, such as the compassionate and skilled personal injury attorneys at the Tennessee auto accident attorneys at Greer Injury Lawyers. We dedicate ourselves to getting the justice that our clients deserve. To schedule an appointment in which we can review your case and develop a plan to compensate you for your injuries, please call us at 888-470-9143.
What Do I Do If I Have Been Injured in an Aggressive Driving Accident in Tennessee?
The first thing to do is make sure that you and your passengers are safe. If this means staying in the car and calling the police without talking to the other driver, then that is what you should do. A person who was angry enough to cause a serious car accident likely will not be in a more rational frame of mind after causing an accident and probably damaging his vehicle.
There are some things to do to ensure that your rights are protected. Here are some questions that may apply in this kind of accident:
What should I do at the scene of the accident?
If you have been in an accident with an aggressive driver, you need to gather as much information as possible without engaging the other driver in any type of argument about the accident. Remember, this is the individual who caused an accident because he could not control his temper. If you are physically able to do so, and the situation is not so volatile as to make this dangerous, you should exchange information with the other driver, including insurance details. Also, you need to get you information about the accident site, whether that is through recording the scene with a phone camera or simply writing down details of the crash. Finding any witnesses and getting their information also is important. You are going to need people to testify about the aggressive driver if this matter goes to trial.
Do I need to report the accident to my insurance company?
Yes, you do. Even though the accident was caused by the aggressive driving of another person, and might have even been the intended result of the other driver, you still need to notify your insurance company about the accident. All you need to do is report that the accident happened and the basic facts. Retaining an experienced car accident attorney at the very beginning of the process will provide you with an expert who can help you through every step of the process.
Do I need to talk with the other driver’s insurance company?
You do not have any obligation to speak with the other driver’s insurance company and it is in your best interest to not speak with them. The other insurance company is looking for a reason to minimize any payment in compensation for the harm that you suffered and any statements that you make can be used for this purpose. The insurance company also may be seeking a reason to deny coverage to the other driver. It is important that any communication is carefully considered. The best way for this to happen is to have an experienced accident attorney on your side from the very beginning.
Aggressive driving is on the rise throughout the country. The dangerous actions of another driver may have led to the serious harm that you suffered. Although you may be dealing with the traumatic results of this accident, it is important to contact knowledgeable personal injury attorneys to ensure that you receive all the compensation to which you are entitled. The skilled Memphis auto accident attorneys at Greer Injury Lawyers, PLLC know how to preserve your rights while you recover from your injuries. We will handle all communications and work with you to develop goals and strategies to meet all of your needs. Our expert witnesses understand the medical, emotional, and financial trauma that you have experienced and can portray that to the jury to maximize your recovery. To discuss all of this and get the answers to your questions, please contact us at (888) 470-9143 to schedule a free and confidential consultation.
What Are Some Frequently Asked Questions Accident Victims Have After a Serious Tennessee Car Accident?
After a serious car accident, the first thing to worry about is to get proper medical care for yourself and any passengers. Although there is evidence that can be gathered at the scene of an accident, it is not worth doing this to the detriment of your health. Once you have had emergency care, there may be some questions that you need answered before you decide how to proceed, here are a few answers to some of the more common questions after a serious car accident:
I have spoken with my insurance company and they said that I can handle this matter on my own, without the assistance of counsel – is this a good idea?
The short answer is no and this is not just because we are a law firm that handles this type of case. Insurance adjusters have one goal, which is to minimize the amount of money that you receive. No matter how nice the insurance representative may be, the fact is that he works for the insurance company and is not going to work with you to enforce your legal rights. By hiring an experienced attorney who has the experience and willingness to take a case to trial, you also gain some leverage with the insurance company because a personal injury attorney is going to know how to properly value your damages and support that assessment with evidence. The insurance company is aware of the fact that the only way your case is going to trial is with the assistance of an attorney.
What are my responsibilities if I retain Greer Injury Lawyers as my attorneys?
It is important to know that we will manage the details of your case so that you can focus your energies on recovery and taking care of your family, but you will have an important role in this case. We will work with you to develop the right legal strategy for you and then will let you know how you can help gather the necessary evidence to support your case. This includes an open dialogue with us so that we know about any changes in your physical condition or different types of treatment that are being tried. It is important that you collect any and all documents that relate to the case so that we can use this to support the damages to which you are entitled as a result of this accident. It may be a good idea to provide a recorded statement to the insurance company, depending on our legal decisions, and you will need to sit for a deposition, but we will prepare you for all of this. You also may need to undergo a physical examination with other doctors. If we do not settle the case, then you would have to attend the trial.
What if I did something to cause the car accident?
You may still be able to recover for your injuries. Tennessee follows the modified comparative fault – 50% rule, which means that you can recover an apportioned amount of damages if you were up to forty-nine percent (49%) responsible for the accident. For example, if the judge or jury determines that you were forty percent (40%) responsible for the accident and your damages were $100,000, then you would receive $60,000 (because the other driver was 60% at fault). However, if you are found to be 50% or more responsible for the accident, then you would not receive any damages award.
These are just a few of the many questions that you may have as the victim of a serious car accident. The experienced Memphis car accident attorneys at Greer Injury Lawyers, PLLC can answer all of your questions in a free and confidential consultation where we will evaluate your case and develop a legal strategy that works for you. To schedule an appointment, please call us at (888) 470-9143. At Greer Injury Lawyers, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.
Why Should I See a Doctor After My Tennessee Automobile Accident if I Feel Fine?
One question that is commonly asked by people who have been involved in automobile accidents is whether they should bother with seeing a doctor after their accident if they do not feel any pain. Regardless of whether you are in pain or not, it is essential that you see a doctor as soon as possible after you are involved in an accident.
There are several reasons why it is important to be checked out by a doctor right after your accident. One reason is that your health could be at risk. Some of the injuries that are commonly associated with car accidents, including some types of serious injuries, may not be noticeable right away. Doctors have training and experience in detecting and treating injuries, and they know how to examine accident victims and assess their condition. If you are not injured, the doctor will likely instruct you to contact them if you experience any signs of injury later on. If you are injured, the doctor will begin the process of treating your injury and help you get started along the road to recovery.
Another reason why you should see a doctor as soon as possible after you are involved in an accident is that it could cost you money later on if you do not. When insurance adjusters assess the value of a claim for injuries and damages that resulted from a car accident, they consider many variables. One of these variables is whether the injured party was seen by a doctor within seventy two hours of the accident. If you wait longer than that, it is referred to as a “delay in treatment”, and it could drastically reduce the amount that the at-fault driver’s insurer is willing to pay on your claim.
Since there may be situations in which your regular primary care physician is not able to see you within seventy two hours, you can ask to be seen by someone else in their practice, go to an urgent care facility, or even get an appointment with a chiropractor. Because of the aforementioned insurance company calculation, being seen by a doctor within the seventy two hour time frame is more important than being able to see one specific doctor that you are accustomed to seeing. Do not forego a visit to the doctor because you do not have health insurance. Let the people at the doctor’s office know that you are not insured, and ask them what your payment options are. They may be able to find a way to help you with the cost of the visit.
Automobile accidents can cause serious injuries, some of which can take a long time to heal. If you have been injured in an automobile accident, see a doctor as soon as you can. Not only does your health depend on it, your potential for recovering financially from the injuries and damages caused by the accident depends on it. The skilled automobile accident attorneys at Greer Injury Lawyers, PLLC can evaluate your automobile accident case and answer all of your questions. We will sit down with you to determine the best course of action. We believe that the victims of automobile accidents deserve to be fully compensated for all of the injuries and damages that they have sustained. Call our office today, at 1 (888) 470-9143 to schedule an initial consultation about your Tennessee automobile accident case. At Greer Injury Lawyers, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.
How Will My Tennessee Automobile Accident Affect My Insurance Rates?
One common question that automobile accident clients ask is whether their car insurance rate is going to increase because they have been involved in an accident. In fact, concern over the effect of accidents on insurance rates is so widespread that some drivers actually think about whether or not to report minor accidents to their insurers. It is true that some car accidents do cause automobile insurance rates to go up. However, there are multiple variables involved in answering the question of how a specific accident is likely to affect an individual’s insurance rate.
One variable is that every insurer calculates its rates in a slightly different way. When you submit a claim, your insurer will consider the circumstances of the current accident in conjunction with a few other things as they decide whether to raise your insurance rate. The number of claims that you have made in the past, the determination of fault for the current accident, your driving record, and the amounts of any payouts that you have received from them are factors which are commonly involved in an insurance company’s decision.
A factor that will weigh heavily on whether or not your most recent automobile accident will increase your insurance premium is whether you were violating any traffic laws at the time of the accident. Certain violations like speeding, running a red lights or stop sign, and driving while intoxicated are frequently implicated in serious car accidents. These accidents cost insurers a great deal of money because they often result in serious injury, large amounts of property damage, and sometimes even death. When an accident occurs where a driver has violated the law, the insurer is likely to increase their rate substantially and may even cancel their insurance policy.
Another thing that affects whether an accident affects a driver’s insurance rate is whether they are enrolled in an accident forgiveness program. These programs vary among insurers, so be sure to read the fine print before you enroll in one. The basic principle behind accident forgiveness programs is to give enrolled drivers a “free pass” for their first at-fault accident by agreeing not to raise their insurance rate until their second at-fault accident. Availability of accident forgiveness programs is subject to state law, and eligibility is decided according to criteria set forth by insurers.
If you have been involved in an automobile accident, do not let your concern over car insurance rates prevent you from seeking prompt medical attention. This holds true regardless of whether or not you believe that you are injured, because injuries are not always readily apparent. Visiting a doctor right away creates a record of your injuries, which will help you to obtain compensation for any damages that you end up suffering as a result of your car accident.
The skilled Tennessee auto accident attorneys at Greer Injury Lawyers, PLLC would like to know more about your recent automobile accident. We will evaluate your automobile accident case and answer any questions that you may have. We will also sit down with you to help you determine which course of action to pursue. We believe that the victims of automobile accidents deserve to be fully compensated for all of the injuries and damages that they have sustained, and we will help you to pursue the recovery that you deserve. Call our office today, at 1 (888) 470-9143 to schedule an initial consultation about your Tennessee automobile accident case. At Greer Injury Lawyers, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.
Can I Recover Financially For My Pet's Injuries?
For some people, a ride in the car is much more enjoyable when their pet comes along for the ride. Americans love their animals, and many Americans let their pets ride in the car with them much more frequently than the occasional trip to the vet. Some pets, such as cats, do not care much for car travel. Other pets beg us to take them with us when we get into the car. If your pets accompany you in your vehicle on a regular basis, you have probably wondered whether their injuries would be covered by insurance if they were to be injured in an accident while they were riding with you.
If your pet is injured in an accident, it is possible that you might be able to recover financially for his or her injuries. There are a few ways in which you could pursue financial recovery for your pet’s injuries. One way to recover for a pet’s injuries from a car accident is through the other party’s insurance, if the other party was at fault in the accident. The injury to your pet would be pursued as a property damage claim. While you may feel strongly that animals are not property, the insurance companies which write the policies that govern claims have written the policies in that way. It is possible to privately disagree with the notion that animals are property as you pursue a claim for damages from the defendant’s insurer so that you can pay for the care that your pet needs.
Another way to recover money for your pet’s injuries is from your insurer. Some automobile insurance policies cover injuries to pets, but many do not. If you do not know whether your insurance policy covers your pet, ask your insurer right away. If discover that your pet is not covered, find yourself an insurer who will cover them. Many people do not even look into pet coverage because they assume that it is expensive, but many insurers are willing to provide insurance for pets under a collision policy for a very reasonable price. It may take a bit of research and a few phone calls for you to find one, but if your pet is injured in an automobile accident, you will be glad that you took the time to resolve that issue before your accident.
The third way that you could recover financially for your pet’s automobile accident injuries is if you have pet insurance. If you do have pet insurance, it is best not to assume that it will cover your pet’s injuries in a car accident, because pet insurance policies vary greatly in what they will and will not cover. Some policies cover both injuries and illnesses, while others only cover illnesses. Of the policies that cover injuries, some policies include injuries sustained in car accidents while others specifically exclude them. If you have pet insurance, make sure that you fully understand what your policy covers. If you are purchasing pet insurance, make sure that you select a policy that will give you the coverage that you want.
If your pet has been injured in an automobile accident, you could benefit from the assistance of a knowledgeable Tennessee Automobile Accident Attorney. The Memphis accident attorneys at Greer Injury Lawyers, PLLC may be able to help you. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case with us. At Greer Injury Lawyers, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.
What Will Happen to My Car After An Accident?
When you are involved in a car accident, it is possible that you may be injured. In addition to dealing with whatever injuries you received in the accident, you will also be dealing with the damage that your vehicle sustained in the crash. After an accident, it is only natural to wonder what will become of your car and when you will be back on the road.
In thinking about your vehicle after an accident, the biggest question that you are likely to have is whether your vehicle will be repaired or replaced, or whether the insurance company will instead choose to reimburse you for it with cash. You may have strong feelings about what you desire the outcome to be, but the decision will be made by the insurance company, based upon what option will be the most cost effective for them.
Sometimes, it would cost the insurance company more to fix your vehicle than it would to reimburse you for the amount that your vehicle could have sold for on the date of the accident (its fair market value). When this happens, the insurance company is likely to tell you that it is “totaled”. To say that a vehicle has been “totaled” means that it has been rendered a total loss. In other words, if your car has been totaled, it is economically impracticable for the insurance company to pay to repair your car, so they will instead offer to replace it or reimburse you for it.
Since the determination of whether it is feasible to repair your car involves the estimated cost of repair and the fair market value of the car, it is important that you understand what fair market value means. The fair market value of a vehicle is what a buyer would expect to pay for a similar vehicle in the geographic area where you live. It accounts for things like the age of the car, its condition, mileage, and features. The insurance company is likely to use the Kelley Blue Book to determine the fair market value, as it is a trusted source for that information. There are also other reliable sources of fair market value, such as the local newspaper or online car buying websites. In cases where there is a dispute over the fair market value of a car, a valuation expert may be asked to weigh in on that topic.
If the insurance company decides that it will pay for the repairs to your car, you get to decide where the car will be repaired. The only requirement is that the repair shop be licensed. This is good news for people who know a mechanic that they trust with all of their automotive needs. It also ensures that you can choose a repair shop which is conveniently located near where you live or work. Besides the cost of repairs, the insurance company will pay prorated sales tax, tag, and registration fees, as well as reasonable storage and towing costs which may be incurred while your vehicle is at a garage and you are awaiting the insurance company’s decision on whether it will be repaired or replaced.
If your car has been damaged in an automobile accident, you could benefit from the assistance of a knowledgeable Memphis Automobile Accident Attorney. The accident attorneys at Greer Injury Lawyers, PLLC may be able to help you. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case with us. At Greer Injury Lawyers, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.
My husband suffered a severe TBI in a Memphis motorcycle accident last month. What can my family and I do to help him recover?
First, it is important to understand that your husband may never experience a full recovery. Most victims of a severe TBI must deal with the effects of brain damage for months, years and sometimes permanently.
However, there are many ways you can help him. Here are a few general suggestions that may help you to help your loved one:
- In the months immediately following the injury, you should be sure your husband is receiving the best possible medical treatment. This can help to minimize the effects of the TBI.
- Understand that you will undergo stress as the changes and effects of the TBI become more apparent. It is vitally important that you take care of yourself, so you can be a better support to him. There are many support groups for caregivers.
- Never compare how your husband is now with how he “used to be”. This can be very upsetting for him. It is much better to celebrate small successes and be very positive about the future.
- Try to keep distractions and noise to a minimum around the house and follow a set routine. These have been shown to help the TBI patient cope with memory and concentration.
- Help further with memory impairment by making lists and helping your loved one write down anything important.
- Be calm. Sometimes head injuries can cause emotional volatility or a lack of emotion. Your husband could be emotionally non-responsive; don’t take it personally or mention it to him. Conversely, he could experience intense mood swings or inappropriate reactions to daily events. Keep your cool and try to help him recognize when this happens.
If you are experiencing financial difficulties as a result of the accident, call a Tennessee motorcycle accident attorney for a consultation.
For help holding any party you suspect of being negligent and causing your spouse’s injury, please give us a call at Greer Injury Lawyers in Memphis. We represent the victims of motorcycle accidents and their families.
My husband was seriously injured in a motorcycle accident outside Memphis. A car crossed out of its lane and hit him head on. We were told we have a negligence claim. What is this and how does it work?
Your husband’s accident was clearly not his fault and you should contact a good middle Tennessee motorcycle crash lawyer to represent you. That said, we will try to answer your question briefly here.
Basically, the driver of the car is liable for your husband’s injuries. In law, liability is governed by the concept of negligence. Whenever a person causes injury to another through carelessness, it is negligence. In your case, the other driver, being negligent, is liable, or responsible for the accident.
A successful negligence claim requires you to prove that:
Tennessee law required the other driver to be careful when operating his or her vehicle. In your case, this is easy to prove.
The driver of the car was not reasonably careful and made a mistake.
The actions of the car driver caused your husband’s injuries.
Your husband suffered injuries including not only physical, but financial harm, as a result of the accident. This is called proving damages.
The damages you can collect in a lawsuit might include your medical costs, property damage costs, loss of income and pain and suffering. But, as we said before, only a skilled personal injury lawyer can advise you fully.
The middle Tennessee motorcycle crash lawyers at Bailey& Greer have helped many Memphis people like you to file a claim and get the compensation they deserve. Call us toll-free today at 888-470-9143 to schedule a free consultation to discuss your case.
I love weekends riding my motorcycle on the back roads of Tennessee, but I am not sure my helmet is safe. How do I choose the best helmet?
Helmets do save lives and finding the best one is critical to your safety. The National Highway Traffic Safety Administration (NHTSA) has reported that approximately 40% more riders suffer serious injury when they choose not to wear one.
Federal law protects you when you buy a helmet. The U.S. Department of Transportation (UDOT) requires that all helmets sold in this country meet the Federal Motor Vehicle Safety Standard (FMVSS). They attempt to test all helmets on the market to see if they meet this standard.
However, some merchants slip by the rules and sell substandard novelty motorcycle helmets to unsuspecting consumers. Here are the things you should look for when you choose a helmet:
There should be a DOT sticker on the outside back of the helmet. This sticker guarantees the helmet meets the FMVSS standards.
Snell, an independent safety group, also marks helmets they have approved with a sticker inside the helmet.
Helmet manufacturers are required to place a sticker inside the helmet that includes their name, size, model and date manufactured. You will not find this kind of label on a cheap helmet.
There should be an inner liner of firm polystyrene foam around the inside of the helmet. Soft padding or no padding at all indicates an unsafe helmet.
A good quality chinstrap with strong rivets is another requirement.
Your helmet should weigh at least three pounds; cheap ones may weigh as little as one pound.
No decoration should extend more than .20 inches from the helmet’s surface.
Full-face helmets are safer, but not required.
Check your helmet for these standards. If it meets them, you can rest assured your helmet will protect you in a Tennessee motorcycle accident.
The Memphis motorcycle accident lawyers at Greer Injury Lawyers wish you a safe and fun-filled time on your bike. Remember, if you or a loved one does have an injury caused by an unscrupulous helmet manufacturer, the law is on your side. Call us today to discuss your options locally at 901-352-5233 and toll-free at 888-470-9143.
I was in a Tennessee motorcycle accident that was not my fault. My front tire blew out and a mechanic said that it was defective. I am still recovering from serious injuries. What should I do?
The first thing you should do is to contact a Memphis motorcycle crash lawyer. Only an expert authority in Tennessee defective product liability claims can effectively advise you in this serious matter.
Chances are you are missing work and the medical expenses are piling up. And certainly other aspects of your life are suffering as well. For these reasons, you may want to initiate a Tennessee defective product liability lawsuit. If your injuries were fully or even partially caused because your motorcycle tire was defective, you will need a legal representative to move forward.
There are several possible defendants in a defective product lawsuit. These include the manufacturer of the tire, the dealership where the motorcycle was purchased and/or a used motorcycle dealer.
At Greer Injury Lawyers, we have the resources, expertise and personnel to represent you and your rights. Call us today in Memphis toll-free at 888-470-9143, locally at 901-352-5233, or fill in our confidential form on this page.
I recently bought my first motorcycle in Memphis. I hate to admit it, but I don't feel very safe when I ride it. I don't want to get hurt. What should I do?
I recently bought my first motorcycle in Memphis. I hate to admit it, but I don’t feel very safe when I ride it. I don’t want to get hurt. What should I do?
Answer:
The most experienced motorcyclists will all tell you the same thing; you can’t be too careful when it comes to operating a motorcycle safely. There are many, many causes for Tennessee motorcycle accidents,and you can avoid having one by knowing what they are.
In addition, our state is very interested in your safety. A number of Tennessee motorcycle driver education courses are offered by the Department of Safety and by taking one, you can save money on your insurance. As of 2011, Tennessee has a mandated insurance reduction program for all trained riders.
Overall, you can become a better rider by following these rules:
Never operate your bike after drinking
Be sure your motorcycle is properly maintained, including brakes, lights, turn and brake signals, fuel line and wiring
Avoid riding in bad weather
Watch for debris in the road and avoid poorly maintained roads
Take it easy. Speed caused 35% of motorcycle fatalities in the United States in 2009
Ride defensively. Other drivers cause many motorcycle accidents. You are less visible than other vehicles and need to watch carefully what everyone else is doing around you.
At Greer Injury Lawyers in Memphis, we take your concerns seriously and want all Tennessee motorcycle riders to be safe. And when an accident does happen, we are proud of our reputation as reliable, successful Memphis motorcycle crash lawyers.
If you or someone you know needs representation for any type of traffic accident, call us toll-free at 888-970-9143. We can help.
I was recently seriously injured in a Tennessee motorcycle accident. I never should have gotten on behind the rider, who had been drinking, but I did. What can be done to stop people from drinking and riding?
The Centers for Disease Control and Prevention (CDC) has several suggestions for reducing the deaths caused by alcohol-related motorcycle accidents and other vehicle wrecks. They cite the following statistics to explain their position:
29% of all motorcyclists fatally injured in 2009 had a blood alcohol content (BAC) reading of 0.08 or higher.
The highest percentage of fatalities (over half) happens to motorcyclists over the age of 40; 44% are aged 40-44.
Any driver involved in a fatal crash with a BAC of 0.08% or higher was more likely – eight times more likely – to have previous convictions for driving while intoxicated.
For these reasons, the CDC urges these recommendations for cutting motorcycle alcohol-related deaths:
Enforce the existing laws for BAC, minimum age and zero tolerance in all states.
Revoke driver’s licenses for anyone convicted of driving while intoxicated.
Frequent use of sobriety checkpoints, which have been shown to reduce roadway fatalities by about 20%.
Promote healthy living at every level of society.
Control the use of alcohol through community-based approaches.
Demand mandatory substance abuse detection and treatment for all DWI offenders.
Lower the current BAC minimum from 0.80 to 0.50%.
Raise federal taxes on the sale of alcohol.
Mandate blood testing of all individuals in crashes that cause injury.
Tennessee motorcycle crashes result in both emotional and physical harm for everyone involved. If you need more information or advice, you should contact a Tennessee motorcycle accident legal expert to explore your options. Call Greer Injury Lawyers in Memphis toll free today at 888-470-9143 to request a free case consultation.
I was the passenger on the back of a motorcycle that was hit by a car. The wreck wasn't the motorcycle driver's fault and I have serious injuries. What should I do?
Even if you were not the driver of the motorcycle, the driver of the car that caused the wreck is still responsible for paying a variety of expenses that you incurred as a result of the accident.
Often times, victims of motorcycle accidents incur numerous serious physical injuries. Some of these injuries include:
Facial Injuries: These injuries often occur when a full-face helmet is not used or a full-face helmet malfunctions.
Head Injuries: These injuries can occur regardless of whether a helmet is used. Head injuries can range from traumatic brain injuries to concussions.
Broken Bones: Due to the nature of motorcycle wrecks, motorcycle passengers often suffer broken arms, legs, ribs, and breakage of joints (shoulders, elbows, wrists, hips, knees, and ankles).
Neck Injuries: Neck injuries associated with motorcycle wrecks often include whiplash, severe sprains, and a broken neck.
Back Injuries: Back injuries caused by motorcycle wrecks can include sprains, strains, herniated disks, and fractured vertebrae.
Road Rash: This is an injury to soft tissue that occurs when the motorcycle passenger slides across the ground after an accident.
These injuries cause accident victims to incur substantial medical bills and could cause the victims to suffer permanent damage. In addition to physical injuries and medical bills, victims also often miss time from work and lose wages, and suffer emotional pain and trauma.
If you are a motorcycle passenger in a wreck, you should contact a Memphis motorcycle crash lawyer as soon as possible at Greer Injury Lawyers. We have the resources, expertise and personnel to represent you. You can contact us in Memphis locally at 901-352-5233, toll-free at 888-470-9143, or confidentially using this form.
I was in a motorcycle accident on Poplar Avenue in Memphis, TN. What should I do and should I hire an attorney?
An automobile accident is a stressful, and oftentimes a new experience, for those involved. However, it is important that victims of the accident do not make any statements or sign any papers after the accident. Statements made by a victim can be misinterpreted and twisted against them when they attempt to make a claim at a later point in time. If possible, it is wise to take pictures of any injuries or damage to the motorcycle and to keep records of any expenses associated with the accident.
In order to ensure just treatment and compensation, it is important for a victim to speak with an experienced motorcycle accident attorney to determine whether there is a legal claim for damages. There are a variety of issues that can affect a potential case and it is important to have someone who has dealt with these issues before to help you through the process. If you have been injured in a motorcycle accident, contact the experienced Memphis motorcycle accident attorneys at Greer Injury Lawyers for a free consultation at 901-352-5233.
Greer Injury Lawyers represents people with motorcycle accident claims in Tennessee and Mississippi, including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland, and all of Shelby, Fayette, and Tipton Counties. We have also handled cases in Arkansas, Georgia, and Missouri.
I was in a motorcycle accident in Memphis, Tennessee and the insurance company of the person who was at fault called me and wants me to give a statement and sign papers. What should I do?
First it is important to know that when a representative of an insurance company contacts you, they are not interested in helping you, but rather helping the insurance company. Often times, an insurance company representative will ask you to give a statement or sign documents in order to settle the claim. You do not owe any duty to speak with another individual’s insurance company. When a situation like this occurs, it is important to contact an experienced attorney who works towards further your best interest rather than a company’s bottom line.
If you have been a victim in a Tennessee motorcycle accident, do not delay contacting one of the experienced motorcycle accident attorneys at Greer Injury Lawyers in Memphis today at 888.470.9143 for a free consultation.
What Are Some Common Tennessee Motorcycle Accident FAQs?
As highly seasoned Tennessee motorcycle accident attorneys, we are regularly meet with prospective clients who wish to learn more about their legal options after unfortunately being involved in a motorcycle accident. Regardless of whether he or she is a victim him/herself, or is a loved one of a person who died due to a motorcycle accident, they often ask a number of important and highly relevant questions. As a result, we have put together a list of the following top questions that are raised by motorcycle accident victims and/or their loved ones when considering whether to file a lawsuit – which we feel can ultimately provide you with the information necessary to know where to turn next.
Q: My bike is totaled. Can I keep it?
Typically, if a motorcycle is totaled, the insurance company will pay you the fair market value of the bike at the time of the accident. However, your insurance company may take possession of the bike should a completely new motorcycle be necessary. If the bike only needs repairs, however, your insurance carrier will generally pay you for the repairs, and you can keep the bike.
Q: Should I hire an attorney if I have been in a motorcycle accident?
You will almost always obtain better and faster result if you hire an attorney experienced in handling motorcycle accidents. Motorcycle accident attorneys have valuable training and experience to help you navigate through the insurance process and/or court system in your jurisdiction. Moreover, they know how to prepare your case and present crucial information to the court – and a jury, if necessary. If you needed knee surgery, would you try and do it yourself? With this in mind, it is best to contact a seasoned motorcycle accident attorney to help you learn more about your legal options and fight for the compensation you deserve.
Also keep in mind that insurance company representatives may sound friendly on the phone, but make no mistake, the insurance company is looking out for its own interests – not yours. Also don’t be fooled by over-exaggerated television advertisements from insurance carriers who try to lure clients using fictional characters to promise monetary results. Specifically, he insurance company wants to settle your claim for as little money as possible – and this is standard with most, if not all, insurance companies. Accordingly, if you hire an experienced motorcycle accident attorney, your attorney’s goal will be exactly the opposite – to recover as much money as possible for you. He or she will be able to navigate through the complicated insurance claim process and help you fight for the money you need.
Q: Can I make a claim if I was partly at fault for the accident?
You can make a claim against the other driver if the other driver was at fault. If you were also at fault, your recovery will be reduced by the amount of your “comparative fault”, which is discussed in further detail directly below.
Q: What does comparative fault mean?
In Tennessee, our courts follow a modified comparative fault system, meaning that fault is allocated in a percentage between the responsible parties. Thus, in any motorcycle accident, (or car/truck accident for that matter), the party being sued can allege that the party should be also be held monetarily responsible for a portion of the total damages in the case. The party being sued can also allege that the suing party is all, or partly, at fault for the accident. Once this allegation is made, it is up to a jury, or a judge, to render a decision in this regard
Q: Can I make a claim with my insurance company if an unidentified car runs me off the road?
If you have uninsured motorist coverage on your insurance policy, you can make a claim with your insurance company for an accident of this type. A motorcycle accident lawyer can assist you in helping you file your claim and maximize your chances of obtaining damages for your injuries and/or damage to your bike.
Q: I don’t have motorcycle insurance. Can I file a lawsuit if another car hits me?
Yes. Regardless of whether you carry motorcycle insurance or not, you can file a lawsuit against the driver who hit you, causing your damages.
Q: I wasn’t wearing a helmet. Do I still have a case?
Whether you were wearing a helmet does not determine whether the other driver was at fault. However, if your injuries are worse, because you were not wearing a helmet, you recovery amount could potentially be limited. While this may not always be the case, speaking with an experienced motorcycle attorney can help you learn more about your legal options should you be facing this specific issue.
Q: How long will it take to complete my case?
Every case is different. Some resolve within months while others can a year or more. In general, it depends on the complexity of the injuries, whether there is a dispute as to which party is at fault, and whether the parties are able to approach a settlement in a reasonable and timely manner.
If you have been injured while riding a motorcycle in Tennessee and would like to learn more about your legal options, you should consult an experienced motorcycle accident attorney immediately. The personal injury attorneys at the Memphis law firm of Greer Injury Lawyers, PLLC aggressively represent motorcycle accident victims with integrity, compassion and respect. Call us today at 888-470-9143 for a free consultation and to help us fight for your rights and the compensation you deserve for your injuries.
What Can I Do to Protect Myself from Motorcycle Injuries in Tennessee?
As a recreational biker or an enthusiast who spends every possible moment on the back of a bike, you know about the ongoing debate in the biking community about whether or not to wear a helmet and whether that decision should be left up to the individual or the state. The fact is that helmets save lives, preventing traumatic brain injury in many serious collisions. However, personal freedom does come into play in this debate and many states have decided that as long as the rider is old enough and has sufficient medical insurance to cover injuries then he or she may forego the helmet. Tennessee yet again is considering legislation about whether to join 31 other states that allow riders to take to the road without a helmet.
Regardless of what happens when motorcyclists have the choice to strap on a helmet or not going forward, there are things that a rider can do to decrease the risk of getting into an accident while enjoying the open road, including:
Perform proper maintenance on your bike – Oftentimes, avoiding an accident will come down to the ability to react fast enough to a dangerous situation and to have a bike that will respond to the evasive maneuvers. In addition, mechanical problems can lead to a serious accident, either directly through an accident caused by the equipment failure or indirectly from a collision that occurs while the motorcyclist in on the side of the road, working on the bike or waiting for a ride.
Wear appropriate clothing – While most bikers understand the importance of wearing leathers or other protective clothing that will minimize the negative effect of sliding on asphalt, there are those who eschew safety gear for comfort. This decision may have serious, long-term consequences. In addition to wearing proper outer wear, there are sophisticated reflective items that increase visibility on the road and can be added to an outfit with minimum effort.
Continue with rider education – No matter how long you have been riding, there are always new things to learn, as cliché as this may sound. Investing a little time in a motorcycle safety course may provide you with information that helps you avoid an accident.
Do not drink and ride – As with any type of driving, having a few beers and getting on a bike is a bad decision that could have negative consequences for you and others. According to a study by the National Highway Traffic Safety Administration (NHTSA), in fatal accidents involving a motorcycle and at least one other vehicle, the motorcyclists was two and a half times more likely to have been drinking than the other driver. Wait until after you are done for the day before enjoying that drink.
Motorcycle riders face a lot of risk while on the road, including lower visibility, susceptibility to negligent or aggressive drivers, the dangers of road debris, and few physical protections. When a biker does get into an accident, the likelihood of suffering from a serious injury is far higher than that faced by the driver of a vehicle in the same crash.
Motorcycle accident victims face a long road to recovery and may never reclaim all aspects of their previous life. Let the knowledgeable Tennessee motorcycle accident attorneys at Greer Injury Lawyers, PLLC work to get you the compensation that you deserve while you recover from the harm that you suffered because of someone else’s negligence. Please call us at (888) 470-9143 to schedule a time when we can sit down and discuss the specifics of your accident and the best strategy to get you the damages award that you deserve.
How Can a Motorcyclist Prove Liability in a Road Defect Accident in Tennessee?
Many bikers have been seriously injured or killed as a result of a road defect that caused the biker to lose control of the motorcycle. However, establishing liability against the government agency or construction crew that is responsible for the hazard is not an easy process. There are steps that a biker can take to protect his rights and develop a successful case.
If I am involved in an accident caused by defective road maintenance or repair, including the seal on road repair seams and joints or the material used as a temporary cover for road markings during road work what should I do?
You are going to have a lot of evidence to prove a case like this, but you should start by doing the following:
Contact the police as soon as possible and file an accident report;
Notify the local government agency responsible for the road about the defect;
Document the scene with photographs or video;
Measure the seal or cover that caused the accident; and
Obtain the names and contact information of anyone who witnessed the accident or can testify about the defect.
In order to move forward with a case like this, you will need a report from a civil engineer who specializes in road safety. Presenting evidence that you, as the biker, took all possible evasive actions to avoid the defect also might be necessary.
What if I had an accident as a result of hitting a pothole, sunken drain, or other similar defect?
Some of the recommended actions are similar to a road maintenance defect accident, specifically with regard to the scene. In addition, there are other elements that you must prove, particularly that the local government agency knew about the defect or hazard and failed to take appropriate actions to remedy the problem. If possible, you should locate a site map detailing the location of the particular defect that caused your accident.
Should I hire a motorcycle accident attorney?
A law firm with expertise in motorcycle accidents like Greer Injury Lawyers, PLLC will be able to preserve evidence at the scene and will have available experts who understand how to record details such as skid marks at the scene, as well as other debris that may have contributed to the accident or that the defendants will argue caused the accident. These experts may include professionals who can recreate the accident for a clear visual that shows the jury exactly how the defendant’s negligence resulted in the accident.
Is there a time limit to bring a case to recover for injuries that I suffered in the motorcycle accident?
Yes, there is a time in which a personal injury action must be filed, known as the statute of limitations. In Tennessee, this is one year, so there is very little time to waste in getting the case together. In addition, if one of the defendants will be a government agency, then notification and filing of a claim is time sensitive.
If you have been harmed riding your bike, you need the expert help of the Tennessee motorcycle accident attorneys at Greer Injury Lawyers, PLLC to get the compensation that you need to recover from your injuries and return to the quality of life that you had before the accident. Our attorneys know how to gather the necessary evidence and expert reports to present a compelling argument to the jury. However, our goal is to provide you with the necessary information and develop a strategy that meets the needs of you and your family. To set up a time to discuss your accident in a free and confidential consultation, please contact us at (888) 470-9143. At Greer Injury Lawyers, PLLC we are small enough to care, big enough to fight, and experienced enough to win.
What Should a Motorcyclist do after an Accident in Tennessee?
A person who has decided to become a biker understands the risk that he or she takes. Although riding a bike offers a chance to experience the roads of Tennessee in a way that drivers of other vehicles never really can, it also provides very little protection in the event of an accident. When an accident does occur, there are things that you can do to protect yourself going forward.
First, all of this advice is contingent on your injuries not being so severe as to require immediate medical attention. None of the suggestions here are worth the sacrifice of your health and ultimate recovery. However, if it is possible for you to take some action at the scene of the accident, here are some suggestions.
Collect information at the scene – this same advice applies in any type of accident. Obtain as much personal information from the other driver and any witnesses as possible, including full names, addresses, telephone numbers, and e-mails. In addition, record the vehicle details such as make, model, color, and license plate. Getting the other driver’s insurance information is important, even if there is a law enforcement officer collecting the same data for an accident report.
Get a complete medical examination as soon as possible – even if you do not need emergency medical care at the time of the accident, some severe injuries develop slowly, over the course of days or weeks. A thorough medical review can identify damage that requires immediate care.
Gather evidence – this means at the scene and afterwards. Keep a collection of all written statements about the accident, whether this is your personal recollection, the formal report, or other people’s observations. Take pictures at the scene, including of the other driver and witnesses. It is a good idea to print these out as soon as you have the chance and maintain them as part of a written file. File copies of all medical bills and expenses relating to the accident. Keeping a journal is a good way to record the impact that the accident had on your life, even if you never have kept one before the crash.
Report the accident to your insurance company, but do not offer assistance to the other insurance company – you should notify your insurance carrier about the accident as soon as possible with a factual summary of what happened. You do not need to volunteer any additional information at this time and should not make any statements about fault. If you are contacted by the other driver’s insurance company, you should not make any type of statement. Often these conversations will be recorded (of which you should be informed) and any remarks can be used against you at a later time to reduce the damages award.
Consult an experienced motorcycle accident attorney as soon as possible – knowledgeable attorneys like those at Greer Injury Lawyers can take immediate action to build a case while you recover. This includes an independent investigation of the accident site before evidence begins to degrade.
The devastation of a bike accident may require years of medical treatment and rehabilitation before you are able to get back on your feet, let alone the open road. The skilled Tennessee motorcycle accident lawyers at Greer Injury Lawyers, PLLC know how to analyze the accident and come up with solutions that work for you and your family. We are ready to sit down and talk to you at your convenience. The schedule a meeting, call (888) 470-9143. At Greer Injury Lawyers, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.
How Can I Be More Visible to Other Drivers While Riding My Motorcycle?
One common cause of motorcycle accidents is that motorcycles are often difficult for other motorists to see. All motorists should be aware that motorcycles may be sharing the road with them, and they should pay attention to their surroundings so that they will see any motorcycles that are nearby. There are also things that motorcycle riders can do to increase how visible they are to the other motorists with whom they share the road.
The way that you ride can affect your visibility. For example, tapping your brakes reminds drivers behind you that you are there, and can come in very handy if you see that they are distracted or you feel that they are not giving you enough room. Making passes quickly and making an effort to stay out of blind spots is another way to ride in such a way that you are sure to be seen by the motorists around you.
The color of your motorcycle can make a difference in whether other drivers are able to see that you are riding your motorcycle near them. Black and other dark colored motorcycles are the most difficult to see. Brightly colored motorcycles are much easier to see, and can help to make other motorists aware of where you are on the road. Regardless of the color of your bike, you can increase your visibility by adding a brightly colored jacket, helmet, or both. Putting reflective tape on backpacks, saddlebags, rims, and clothing is another way that you can stand out in traffic.
Accessories on your motorcycle can also help you to increase your visibility. Using your headlight during both day and night can make it easier for other drivers to see you. A headlight modulator is a useful device which makes your headlight flash rapidly, like a strobe light, making it even easier to see. Auxiliary lights can be added to both the front and rear of your motorcycle. Adding these lights can help other drivers to see you, and to more accurately predict your speed and distance from them. Your horn is a great way to grab a driver’s attention if they get too close, if you think that they may be distracted, or if you think that they are simply unaware that you are there. Loud pipes and a strategically timed engine rev or two are not only fun, they create additional awareness of your presence on the road.
Even when you do your best to make yourself and your motorcycle visible to the other drivers and riders on the road, accidents can happen. If you or someone that you love has been injured or has died as the result of a motorcycle accident, it is important that you consult an experienced motorcycle accident attorney. Each skilled Tennessee motorcycle accident lawyer at Greer Injury Lawyers, PLLC are here to assist you every step of the way. Our attorneys will carefully evaluate your case, answer all of your questions, and sit down with you to determine the best way for you to proceed. Motorcycle accidents can cause serious injuries, which can require lengthy periods of recovery. Sometimes, motorcycle accident victims must adapt to living with a permanent disability. Fatal motorcycle accidents cause a great deal of suffering for both the victims and their families. No two motorcycle accidents are the same, and we will give your case the individual attention that it deserves in order to obtain the best possible outcome. Please call our office, at (888) 470-9143 and make an appointment to discuss your case with us. At Greer Injury Lawyers, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.
Does Wearing a Helmet Affect a Rider's Ability to See or Hear?
It is well known that helmets save lives. If you are riding a motorcycle and you get into an accident, your chance of surviving the crash increases by thirty percent if you are wearing a helmet. Helmet use is on the rise, increasing from forty eight percent in 2005 to sixty seven percent in 2009.
If you ride a motorcycle in Tennessee, you are currently required by law to wear a helmet. Thirty-one other states do not require riders to wear helmets. Last summer, a bill to repeal the Tennessee helmet law passed the Senate Transportation Committee. This is not the first time that such a bill has been introduced, nor is it likely to be the last. Proponents of the bill say that helmets offer questionable safety benefits, and that doing away with the helmet law will increase tourism. Those who oppose the bill say that allowing riders to go without helmets will result in an increase in motorcycle accident deaths and in costs to Tennessee trauma hospitals.
It is not uncommon for people who oppose motorcycle helmet laws to argue that helmets offer some safety benefits while causing other safety risks. Two common arguments on this topic are that helmets affect a riders’ peripheral vision and that helmets affect hearing. In 1994, the National Highway Traffic Safety Administration (NHTSA) funded a study to explore these two issues.
In the study, fifty participants rode their motorcycles around a test course while listening for an audible signal which was their cue to change lanes. Three types of helmet-wearing scenarios were tested – no helmet, partial (three quarters) coverage helmet, and full coverage helmet with face shield. As the riders proceeded through the test course, researchers monitored the hearing of half of the participants while measuring the degree of head rotation of the others.
The results of the study indicate that neither type of helmet has an impact on how well riders can hear what is going on around them. At high speeds, helmets were actually found to improve hearing because they cut down on wind noise. While researchers found a small restriction in peripheral vision, they also found that riders can compensate for that restriction by turning their head just a little bit more than they would if they were not wearing a helmet. The researchers concluded that the degree of peripheral vision restriction that occurs when wearing a helmet is greatly outweighed by the increased protection that helmets offer to riders in the event of a crash.
While concerns about peripheral vision and hearing are not the only arguments which are commonly used by opponents of motorcycle helmet laws, they are two concerns which are often mentioned in the motorcycle riding community. Now that you know the truth about helmets and their impact on vision and hearing, you can make a more informed decision about helmet use when you ride in a place where it is optional.
If you have been injured or someone that you love has been killed in a motorcycle accident, you need the assistance of an attorney who specializes in handling motorcycle accident cases like yours. The knowledgeable and experienced Memphis motorcycle accident lawyers at Greer Injury Lawyers, PLLC would like to hear about your case. When we speak with you, we will explain your options, answer your questions, and help you decide how to proceed. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Greer Injury Lawyers, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.
How Can Vehicle Drivers Avoid Accidents With Motorcycles?
Drivers do not take to the road with the intent to get into accidents, and accidents with motorcycles are no exception. Motorcycle riders notice, as a result of their experiences on the road, certain things that drivers do which can contribute to accidents with motorcycles. Unfortunately, drivers may not be aware of these things, and may not know what they can do to avoid having an accident with someone who is riding a motorcycle.
Motorists can incorporate a few simple safety measures into their driving habits which will help them to be more aware of the presence of motorcycles on the road. If you look twice in each direction before you enter an intersection, you are more likely to notice an approaching motorcycle. Also, always check your mirrors when you change lanes, and every time that you use an on ramp or an off ramp. This will help you avoid entering the path of a motorcycle. Using your turn signals to let other drivers know where you are going enables motorcycle riders and drivers alike to anticipate your vehicle’s movements and respond to them.
There is one driving behavior in particular which causes a high risk to motorcycle riders. This behavior is the failure to yield. Many accidents which involve passenger vehicles and motorcycles involve failure to yield, and these accidents often result in serious injury or death for the motorcycle rider. Drivers must take care to always be aware of their surroundings, and they must yield to oncoming motorcycles just as they would to other oncoming vehicles.
Other tips for safe road-sharing include leaving adequate room between your vehicle and all other vehicles, including motorcycles. Motorcycles sometimes appear to stop suddenly or slow down quickly, and if there is not enough space between your vehicle and a motorcycle, you may end up in a collision. The reason that this happens is that motorcycle riders slow down by downshifting through the gears and then apply the brakes when they need to come to a full stop. If you are driving near a motorcycle, leave at least twice as much distance between your vehicle and the motorcycle as you would leave between your vehicle and any other vehicle. Give motorcycles even more room when you are stopped in traffic, or at a traffic light, because motorcycle riders may need that space to navigate the intersection or get back into the flow of traffic, especially if the road surface is uneven or wet.
Whether you drive a passenger vehicle or ride a motorcycle, the most important rule of the road is to remain aware of your surroundings at all times. When drivers and riders pay close attention to what they are doing, they are able to share the road safely. Accidents are terrible experiences for everyone involved, so it is essential that all drivers and riders do whatever they can to avoid them.
If you have been injured or someone that you love has been killed in a motorcycle accident, you need the assistance of an attorney who specializes in handling motorcycle accident cases. The experienced Tennessee motorcycle accident attorneys at Greer Injury Lawyers, PLLC would like to learn about your motorcycle accident case. When we speak with you, we will answer your questions, explain your options, and help you choose how to proceed. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Greer Injury Lawyers, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.
Our experienced and knowledgeable Tennessee motorcycle accident attorneys discuss whether or not cruisers are safer than sport bikes.
Any type of motorcycle has the potential to be safe, as well as the potential to be dangerous. That said, there are statistics which show that motorcycle accidents happen more often with some types of bikes than with others. According to the numbers, sport bikes are involved in more fatal crashes than cruisers, resulting in approximately four times as many deaths.
There are differences between sport bikes and cruisers which may have an impact on how often they are involved in accidents. For example, sport bikes are designed with a short wheel base and made with lightweight so that riders can make tight turns and accelerate quickly. These attributes make them easier for new riders and riders who have little upper body strength to control on dry pavement. On wet pavement, however, they are not as easy to control as cruisers, which are made of heavier materials and have a larger wheel base. People who ride cruisers must make wider, slower turns than those who ride sport bikes, and cruisers take a bit more muscle to maneuver.
While motorcycle design may play some role in how often each type of bike gets crashed, rider behavior is by far the most important variable. Each rider has their own individual riding style which makes it more or less likely that they will be involved in an accident. While it is important not to judge riders’ potential for safe or unsafe behavior based upon the type of bike they ride, there are statistics which attribute certain accident risk factors to one group of riders more often than another. For example, sport bike riders generally ride faster than those who ride cruisers. As a result, speed is often the root cause of more sport bike accidents than cruiser accidents. In contrast, alcohol is more often implicated in fatal crashes involving cruisers than it is for wrecks involving sport bikes.
Speed and alcohol are not the only potentially dangerous behavior that riders engage in while on the road. Aggressive driving maneuvers, such as weaving in and out of traffic, may cause an accident. Riding without a helmet may not cause an accident, but it does increase the risk of death or serious injury in the event of a crash. Inexperienced riders are also much more likely to crash than those with more miles under their belts.
If you have been involved in any type of motorcycle accident, whether you were riding a cruiser or a sport bike, it is essential that you get help from a Tennessee Motorcycle Accident attorney right away. The experienced Tennessee Motorcycle Accident Attorneys at Greer Injury Lawyers, PLLC would like to hear about your case. We can answer your questions and explain your options. Once you decide how you will proceed with your motorcycle accident case, our attorneys will dedicate their energy to pursuing the results that you deserve. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Greer Injury Lawyers, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.
What is a Traumatic Brain Injury?
A collision between a tractor-trailer and a passenger vehicle may lead to many different injuries, especially for the driver and any passengers in the car that was involved in the accident. Many times, a victim will suffer from a traumatic brain injury (TBI), which the Mayo Clinic defines as brain dysfunction resulting from an external mechanical force. The damage may be temporary and moderate, where damaged brain cells are repaired over time. However, severe impact forces will lead to cell and tissue damage, bleeding in the brain, and changes in the neurochemistry of the brain. This type of damage is long-term or permanent and likely will result in cognitive impairment and physical disabilities.
There are many different causes of TBI, including a simple bump on the head. The leading cause of the estimated 1.7 million TBIs that happen in the United States each year is falling, which accounts for approximately one-third of the injuries. Motor vehicle accidents are the second leading cause, at around seventeen percent. These statistics are compiled by the Centers for Disease Control and Prevention (CDC). Car and truck crashes were the leading cause of deaths as the result of a TBI, with thirty-one percent of the fatalities.
A traumatic brain injury can result from a penetrating injury, where a foreign object impacts the head and passes into the brain itself, such as a bullet or a piece of metal driven into the head during a car accident. A TBI also may develop after a closed head injury where there is an impact to the head that does not lead to a penetrating wound. A driver who is hit by a tractor-trailer may have his head slammed into the dashboard or steering wheel, leading to a closed head TBI.
When the impact first occurs, there may be bruises, lacerations, damage to the skull itself, blood clots, and nerve damage. Other physical trauma may continue to develop over time, including:
- Swelling in the brain;
- The build-up of intracranial pressure;
- Extreme blood pressure fluctuations;
- Anemia;
- Epilepsy;
- Carbon dioxide build-up;
- Cardiac irregularities; and
- Changes in mood and behavior.
A person who has suffered from a TBI may suffer from a number of debilitating medical conditions, including seizures, dizziness, severe headaches, diminishment in strength and stamina, loss of coordination, hearing and vision problems, speech impairment, cognitive impairment, and changes in personality and emotional wellbeing.
Although physical therapy and rehabilitation may help to minimize some of the consequences of this type of injury, a person who suffers from a severe TBI likely will require additional assistance and accommodations for the remainder of his or her life.
Most of us will experience a car accident in our lifetime. However, for those who have suffered through the trauma of an accident involving a tractor-trailer, life never will be the same. The injuries that result from this type of collision are often debilitating. Years of intensive medical treatment, multiple surgeries, therapy, rehabilitation, and the need for mechanical assistance are a reminder of the devastation of the crash. The dedicated Memphis truck accident attorneys at Greer Injury Lawyers, PLLC understand the struggle that you face on a daily basis. We want to work with you to recover compensation that will pay all of your past and future medical expenses, as well as cover lost wages and future earnings. We also will fight to get you damages for the pain and suffering that will last a lifetime. We are available to discuss the terrible accident that led to the harm you suffered during a free and confidential consultation. To schedule this meeting at your convenience, call us at (888) 470-9143.
Car Accident Blog Posts
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