If it wasn’t your fault, then you deserve recompense for your injuries. It can be difficult to obtain the compensation you are entitled to though and speaking with an experienced Memphis auto accident lawyer can help streamline the process.
Car accidents can have devastating consequences and leave a lasting impression on those involved. To learn more about auto crashes and the services of a Memphis car accident attorney, click here.
Car crashes are unfortunately a common occurrence in the US and account for an overwhelming 83% of preventable deaths, along with poisoning, slips falls. Injury Facts reports this worrying statistic. Memphis, Tennessee, is not immune from traffic accidents either. Often, these crashes can cause injury and the need to file an accident injury claim.
Tennessee is an “at-fault” accident state, which means if you get hurt in an accident, the liable party can be held responsible for the damages. However, it takes effort and skill to successfully gain a financial settlement for injury claims. It’s important to understand the process and get professional help if you want to navigate the road to a successful claim.
Having an accident lawyer advocate for you is essential in obtaining the highest settlement possible when filing an insurance claim or personal injury lawsuit. Injury accident lawyers are well-versed in legal procedures, what documents to submit, and can assess your risk chances of success better. A reputable accident law firm with experienced professionals can help increase your chances of a successful claim. After an accident, contacting Wright & Gray is essential to help you understand your rights and what kind of compensation you may be entitled to. So don’t wait – get in touch with them right away.
Don’t take chances with your claim. Give our attorneys a call as soon as you can to get your claim handled with the attention you deserve.
What Causes Motor Vehicle Accidents?
In 2019, Memphis witnessed 681 fatal crashes resulting in 727 deaths. Most of these crashes were caused by the irresponsible behavior of drivers and other road users. Here are the prime reasons for vehicle accidents in Memphis:
Driving Under the Influence
Unfortunately, the Centers for Disease Control and Prevention reports that every day, 29 people in the US die from drunk driving-related car accidents. Tennessee law states that anyone caught with a blood alcohol concentration of 0.08% or higher will be deemed legally intoxicated. Hence, if a drunk driver is responsible for a car crash, they can expect to face criminal and civil actions alike.
Distracted Driving
According to the Centers for Disease Control and Prevention, approximately 8 fatalities occur daily due to accidents caused by distracted drivers in the U.S. These drivers are not fully focused on the task of driving; distractions may be manual, visual or cognitive (mental). Never take your eyes off the road and avoid any potential distractions. It only takes a few seconds for an inattentive driver to cause a serious accident, so it’s essential to remain focused at all times.
Speeding
Drivers are legally obliged to observe the speed limit indicated on road signs and traffic bollards. Sadly, not everybody abides by these regulations and drive faster than recommended. Speeding is dangerous as it significantly lowers a driver’s response capability compared to when driving at the prescribed speed. Speeding drivers often fail to hit the brakes in time to avoid a collision and those crashes usually end up being fatal. This highlights the importance of driving at a safe speed, as lives can be at stake.
Inclement Weather
Poor weather conditions in Memphis can be a major cause of motor vehicle accidents. Heavy rains, thick fog, and snowfall all reduce one’s ability to see maneuver properly on the roads – leading to car crashes. Therefore, it is important for drivers to exercise caution when driving during these weather conditions. It’s wise to stay off the roads when it’s really bad out there. Driving in hazardous conditions can lead to dangerous outcomes. It’s best to drive cautiously and carefully – only when absolutely necessary.
Other known causes of car accidents are:
- Tailgating
- Running red lights and stops signs
- Bad roads
- Aggressive driving
- Reckless driving
- Drowsy driving
- Road rage
What Are the Most Common Types of Car Accidents?
Car crashes come in all shapes and sizes – the position and point of contact between vehicles are the most influential factors in determining type of accident. Among them, the following are typically seen on roads:
- Head-on collisions
- Rear-end collisions
- Side-swipe accidents
- Rollover accidents
- T-bone collisions
Car accidents can range from single-vehicle collisions to multi-car crashes. If a single-driver is the cause of the accident, they would be solely responsible for their injury treatment and property damage. This is because their own negligence was what lead to the accident, and there’s no other party accountable. Health insurance coverage or auto insurance policy can be used by accident victims to cover their financial costs related to the crash. In the event of a car accident involving other drivers, the party who was injured has the legal right to submit an insurance claim or file a personal injury lawsuit for compensation.
What Types of Injuries Can You Sustain in a Car Accident?
Traffic accidents resulting in bodily injury can range from minor to catastrophic and usually results in a compensation claim. The value of that claim relates to the severity of your injury, whether be it a car accident, pedestrian accident, motorcycle accident or truck accident. Below are some of the most common car accident injuries:
- Traumatic brain injuries
- Broken bones/fractures
- Spinal cord injuries
- Head injuries
- Back and neck injuries
- Internal injuries
- Sprains and strains
- Cuts and lacerations
- Soft tissue injuries
Connect with a Memphis Car Accident Attorney
Here at Wright & Gray, we are committed to helping our clients get the compensation they need after a serious accident. We understand the trauma and grief it can bring, and we want to do what we can to make your recovery journey smoother. We provide complimentary consultations so you can make sure that your case can be effectively handled before making any commitments.
What Step Should You Take After a Car Accident?
Getting the proper compensation after a car accident depends in large part on what you do following the collision. Our auto accident attorneys strongly recommend the following steps to increase your chances of success:
Make a Report
There is no excuse for leaving the scene of an accident unannounced it’s considered a hit-and-run offense, regardless of the blame. So, if you’re ever involved in an accident, always stay at the location and contact the authorities. Reporting any accident to the appropriate law enforcement authorities is essential.
Get Medical Treatment
It is vital to seek medical attention when you have been injured in an accident, even if the injuries are minor. Although it’s common for paramedics to take severely hurt victims directly to the hospital, many people with lesser wounds tend to refuse medical help and treatment. It is important that you get a comprehensive medical checkup, even if you are feeling perfectly healthy. This is to ensure that any potential health issues are caught early and treated appropriately.
It is possible that you may have sustained internal injuries without knowing it, so it is important to visit a doctor. Your medical report is an essential document when filing an injury claim, because it describes the extent of your injuries and the expenses incurred while receiving treatment.
Gather Evidence
Gathering evidence is essential for any accident. This includes taking pictures, getting video footage and collecting witness statements. Unfortunately, those with severe injuries are unable to do this, so it’s important to get help from someone else if possible. You can acquire a copy of the police report, which would have pertinent evidence that could help validate your claim.
Contact an Auto Accident Attorney Today
An injury lawyer is indispensable to make sure your personal injury claim is successful. When victims hesitate in contacting a lawyer right off the bat, they can put their case at risk and find themselves in lengthy unproductive discussions with the wrongful driver’s insurer. Therefore, it is essential to find a reliable personal injury law firm and hire an attorney right away after the accident.
What Damages Can I Collect for a Car Accident?
Louisiana law entitles accident victims to collect two categories of compensatory and punitive damages from the responsible party, in order to compensate for the injuries and losses sustained. This coverage is intended to help alleviate the financial hardships associated with car crashes. The compensatory damages are:
Economic Damages
This recompense covers monetary damages that have a clear-cut sum. You will receive back each penny you expended due to the incident providing you have the bill Illustrations of economic damages comprise of:
- Medical expenses (past, present, and future)
- Loss of income
- Vehicle repairs/property damage
- Out-of-pocket expenses, etc.
Wrongful death claims filed by the legal survivors of a deceased victim can provide them with financial compensation, which includes funeral and burial expenses along with other damages.
Non-Economic Damages
Non-economic damages, such as emotional stress, can’t be calculated in dollars cents. Insurance companies handle this type of compensation by using the multiplier method to evaluate what the victim deserves. Keep in mind that you may receive restitution for:
- Emotional distress/anguish
- Loss of consortium
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- Punitive Damages
Punitive damages are not available by way of accident insurance claims. Instead, they are given by courts in personal injury lawsuits where the responsible party has acted with extreme negligence. Rather than compensating an injured person, this type of award is meant to be a deterrent for those who might commit similar offences again. Consequently, it can be considered a form of punishment.
How Do You Prove Fault in Car Accident Cases?
For car accident claims, the “burden of proof” lies with you as the claimant. To show that you are not responsible for the crash, you must prove that another party is to blame – this means demonstrating that they acted negligently:
- The negligent driver owed you a duty of care
- The driver breached the duty of care by engaging in a negligent act
- The breach caused an injury
- You suffered damages as a result of the injury
- Is It Worth Getting a Lawyer for Minor Car Accidents?
Many people mistakenly assume that when they have a minor car crash, it doesn’t necessitate the help of a personal injury lawyer. Even in minor accidents such as fender benders, it’s still important to get professional legal advice and representation. Therefore, we strongly recommend that victims of any type of motor vehicle accident get an attorney to protect their legal rights.
Consulting an auto accident lawyer can help maximize the value of your claim, as often the costs associated with an incident may be larger than anticipated. Legal experts are knowledgeable when it comes to asking the right questions, and will provide a practical solution for your situation. An attorney is the right choice for minor car accidents. They will ensure the fault party pays fair compensation, and you don’t have to worry about going through a difficult process alone.
What Is the Statute of Limitations for Car Accident Cases?
A Statute of Limitations sets a cut-off date after which a legal claim can no longer be filed. If you miss the deadline, the court will not entertain your claims and likely reject them. Actionable claims related to automobile accidents, like personal injury or wrongful death lawsuits, are bound by Tennessee’s Statute of Limitations.
According to Article 3492 of the Tennessee Civil Code, lawsuits for car accidents must be initiated within a period of 1 year from the date of the incident. This means that all legal paperwork must be completed and submitted within 1 year from the day of the accident.In cases of wrongful death, the statute of limitations begins on the date of passing. This period may easily pass before you can come to an agreement with insurance companies, as a year can go by quickly.
Insurance companies are aware of the statute of limitations and will use tactics like delaying to pressure you into settling for their offered amount. They understand that when this period is over, you are unable to take legal action and have to accept the money they put on the table. If you don’t involve a personal injury law firm in the claims process, the other party may take advantage of you and offer an unfair settlement. To ensure that this does not happen, it is highly recommended to get professional legal help from a personal injury law firm.
What Happens If I’m Partly at Fault for an Accident?
In any accident involving multiple parties, both contributory negligence and comparative negligence laws may be applicable. This can be a difficult situation to navigate as each individual may try to blame the other for the incident. Should the victim be at fault in an accident, they would not receive any compensation – no matter how small the contribution may have been. However, if they are deemed to have no fault in it, their compensation will be equal to their percentage of responsibility for the accident.
Louisiana follows the pure comparative negligence rule. This means that in case you were partially responsible for your injury, your damages will be reduced by the percentage of your fault. For instance, if you are deemed to be 20% at fault, and a jury awards you $100,000 in damages, the amount awarded would then be reduced by 20%, leaving you with $80,000. You’d get $80,000 as your take-home salary, not the entire sum of a hundred. With this said, the pure comparative fault law is less severe than contributory negligence.