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Have you been hurt in an automobile accident? Was a loved one killed in a car crash? If either of these is true, Tennessee gives you just one year to file a lawsuit. Our attorneys can help you by filing a lawsuit on your behalf and working to get you fair compensation.
Car wrecks are on the rise in Nashville, Davidson County, and Tennessee as a whole. A report from Tennessee’s Department of Safety & Homeland Security showed that accidents in Davidson County in 2015 were up 44 percent from 2011; accidents involving drivers 65 and older have increased by more than 50 percent. Younger drivers are being affected as well: from 2014-2015, the number of drivers aged 15-24 in crashes went up nearly 17 percent.
Who May Be at Fault for My Auto Accident?
A number of factors will determine whether you can sue, and our attorneys can provide insight as to whether you have a case. Determining if you have a case usually involves investigating the cause of the crash and working with medical experts. If doing this tells us that you have a case, it can also tell us who was at fault in the wreck, and we can work with you to file a lawsuit against that at-fault driver or other responsible party.
The type of crash you were involved in tends to play a big part in who you file a lawsuit against. Our attorneys handle lawsuits against negligent drivers, including truck drivers and trucking companies, as well as car manufacturers.
A lawsuit could allege that the other driver in your crash was negligent. Negligence can come in many different forms; the general definition is that the driver did not act reasonably with care while driving. That could mean speeding, running a red light, running a stop sign, texting while driving, and much more.
One unfortunately common form of negligent driving is drunk driving. The number of accidents caused by drunk driving in Davidson County increased by 19% between 2011 and 2015.
Truck Drivers/Trucking Companies
In truck accident lawsuits, either the truck driver or the trucking company is the one alleged to be at fault. Examples of negligence specific to trucking accidents can include:
- Overloaded trucks
- Truck drivers who fail to take required rest breaks
- Inappropriately maintained trucks
- Failure to stop at weigh stations
- Driver inexperience
Trucking firms’ insurance companies often send investigators of their own to gather evidence that helps them reduce their potential liability, and pay you less. That’s why we investigate, by obtaining driver logs and more, to make sure you get your case heard and to help prove that you deserve fair compensation.
Sometimes, a defective automobile part is the cause of a crash. In cases like these, you may be able to file a lawsuit against the company that produced the defective vehicle or component. This can include something like defective brake pads that caused a failure to break - the company that made or installed these brake pads could be found at fault.
In motorcycle crashes where a motor vehicle or truck driver is at fault, there are several forms of negligence that occur, including:
- Failure to recognize a motorcycle in traffic
- Cars making left-hand turns without first checking oncoming traffic
- Cars recklessly changing lanes
If a spouse, child, or family member has passed away as a result of an auto accident, our attorneys may be able to help you file a wrongful death lawsuit against the driver who caused the wreck. In a wrongful death lawsuit, a surviving parent or spouse can possibly receive damages for, among other things, medical expenses, emotional pain and suffering, and funeral costs.
How Much Compensation Can I Recover?
A lot of different factors will determine how much you could receive in compensation in a lawsuit. How severe were the injuries? How long was your hospital stay? Did you miss an extensive amount of work? All of these can be taken into account during your case, and your attorney can explain the damages that may be available to you as a result.
Generally, auto accident victims can potentially recover compensation for:
- Medical Expenses: Morgan & Morgan’s attorneys may be able to help you recover compensation for your medical expenses - not just current, but future. That includes not only hospital and doctor’s bills, but future doctor’s visits, rehabilitation expenses, and expenses for in-care home aides.
- Lost Wages and Income: Like medical expenses, your attorney may be able to get you compensated for both past and future lost wages if you were unable to work. You can be compensated for the time you missed, and possibly get compensation for reduced earning capacity if your injuries prevent you from returning to work for an extended period of time.
- Pain and Suffering: Car crashes can cause both physical pain and emotional suffering. If it is proven you have experienced either of these, you could potentially be compensated for it.
- Punitive Damages: Punitive damages are often given out if the at-fault party drove recklessly; these damages are compensation the driver pays that is meant to discourage other drivers from driving in a similar way.
Dealing With Insurance Companies: Why You Need a Lawyer
Your Morgan & Morgan attorney can review your insurance policy to make sure you have been properly reimbursed for medical expenses, or fill out necessary paperwork to make sure your payment isn’t held up. We help you determine an appropriate settlement amount, and we’re willing to go to trial to help you get it if need be. We work to get you the amount of money that’s right for you; and since our attorneys only get a fee if we win your case, you don’t owe us hourly fees.