Memphis Car Crash Attorneys
Car Accidents FAQs
The Memphis car crash lawyers at Bateman Gibson have an established reputation throughout western Tennessee as skilled and dedicated personal injury litigators. Visit our Memphis injury lawyers and our accident attorneys pages for more information about claims arising from automobile accidents. Below you will find answers to some commonly asked questions regarding your rights after a car crash. For a free consultation with an experienced Memphis car crash attorney, contact Bateman Gibson today.
- I was just involved in an auto accident. What should I do?
- Who and/or what decides who is at fault in a traffic accident?
- How much time do I have to file a suit after I'm in a car accident?
- I wasn't wearing my seatbelt. Can I still recover damages if I file a personal injury claim?
- If I'm involved in an accident that wasn't my fault, is the other driver's insurance company required to pay me?
- What types of injuries can I recover for?
- What if another driver's insurance adjuster requests my medical records?
- If I'm rear-ended, can I ever be found liable for the accident?
- Is a car making a left turn always at fault in an accident?
- What happens if I'm involved in an accident with an uninsured or underinsured driver?
I was just involved in an auto accident. What should I do?
Try to write down everything that you can remember about the accident, including where you were going, any people you were with, the weather outside, and the time of day. Be as detailed as possible, and also describe any potential witnesses to the accident. In the days following the accident, keep a diary of your physical and emotional state, such as instances of pain, anxiety, and sleep loss, and keep a record of any doctor visits or time off from work. Immediately call one of our Memphis car crash attorneys.
Who and/or what decides who is at fault in a traffic accident?
Establishing fault usually depends on showing that a driver directly violated the Tennessee Vehicle Code (i.e. ran a red light) or acted negligently and caused the accident by not paying attention or driving carelessly. Four elements prove negligence:
- The existence of a duty (all drivers have a duty to drive with caution)
- The person who caused the injury failed to carry out the duty
- The failure caused your injury
- You suffered damages
How much time do I have to file a suit after I'm in a car accident?
In Tennessee, the statute of limitations for personal injury claims is generally one year. However, if the defendant alleges a third party was at fault in his or her answer to the claim, the plaintiff is allowed an additional 90 days to add the third party to the lawsuit.
I wasn't wearing my seatbelt. Can I still recover damages if I file a personal injury claim?
It depends. Tennessee courts follow the doctrine of modified comparative fault, which means that a jury determines the percentage of fault attributed to both the plaintiff and the defendant for the accident. If the plaintiff's fault reaches 50%, he or she receives no recovery. Otherwise, the jury determines the total amount of the plaintiff's damages and reduces the award by the percentage of the plaintiff's fault. In the case that you were not wearing your seat belt, expert testimony will likely be called on to establish what percentage of your injuries could be attributed to your failure to wear a seatbelt.
If I'm involved in an accident that wasn't my fault, is the other driver's insurance company required to pay me?
As long as the other person's negligent or wrongful behavior caused the accident, and he or she had insurance coverage, their insurance carrier should compensate for damages sustained to your property and your person. However, insurance companies seek to minimize payments to injury victims. The personal injury attorneys in Memphis from Bateman Gibson have extensive experience in pursuing personal injury claims, and are readily familiar with the tactics used by insurance companies. We use this insight to our clients' advantage in negotiating for a fair settlement.
What types of injuries can I recover for?
You can recover for physical, emotional, and financial injuries, including physical pain and suffering; mental or emotional pain or anguish; loss of consortium (loss of spousal companionship and services); disfigurement; physical impairment; loss of companionship and society; inconvenience; and loss of enjoyment of life
What if another driver's insurance adjuster requests my medical records?
Do not release your medical records before consulting with a car crash lawyer in Memphis. Revealing such information may hurt your potential case against the other driver.
If I'm rear-ended, can I ever be found liable for the accident?
The person who rear-ends another vehicle is almost always found to be at fault, regardless of how or why the driver in front stopped. Drivers are expected to leave a reasonable and safe stopping distance between their vehicle and the vehicle in front of them, and are expected to anticipate changes in traffic patterns or other hazards that would cause a driver in front of them to stop abruptly.
Is a car making a left turn always at fault in an accident?
According to basic traffic rules, a car making a left turn must wait until it is completely safe before turning in front of oncoming traffic. Accordingly, a car making a left turn is almost always liable to a car traveling straight in the opposite direction. However, there are a few exceptions, including:
- The car travelling straight was speeding.
- The car travelling straight ran a red light.
- The car turning left began turning when it was safe but something unforeseeable caused the driver to slow down or stop making the turn.
All of these exceptions are difficult to prove, and because the general rule establishes that the vehicle turning left must wait for safe clearance, if you were travelling straight through an intersection and struck a vehicle turning left, the other driver is generally considered to be at fault.
What happens if I'm involved in an accident with an uninsured or underinsured driver?
If the other driver was uninsured, your insurance company may require a signed statement from the uninsured driver establishing that he or she does not have insurance. You may then make a claim with your own insurance company for your damages under your uninsured motorist coverage. If the other driver was underinsured and cannot wholly compensate you for your damages, you may still make a claim against the other driver's insurance for the amount that the other driver's policy can cover, and make a claim with your insurance company for the balance. Unfortunately, an accident with an uninsured or underinsured driver can put you at odds with your own insurance company.
Contact Our Car Crash Lawyers Today
An experienced Memphis car wreck lawyer can ensure that you receive the compensation to which you are entitled. Contact Bateman Gibson today for a free consultation regarding your personal injury case.
