Driving requires a motorist's full attention at all times. Even taking one's eyes off the road for a fraction of a second can result in serious consequences. The driver's car may veer into oncoming traffic, be unable to stop when the vehicles in front of it brake or speed through a stop sign or red light. This means that one split second of distraction can cause a devastating car accident that leaves individuals with serious injuries.
As the Tennessee weather warms and more and more motorcyclists take to the streets, riders need to be aware of the risks they could face. Inattentive, speeding, intoxicated, and otherwise negligent and reckless motorists can slam into a motorcycle, causing its rider to suffer serious injuries. Though some of these injuries have previously been discussed on the blog, we wanted to take a moment to discuss one of the most common: road rash.
When Tennesseans are injured in a car crash caused by a negligent driver, they often hope to recover their economic losses through a personal injury lawsuit. These damages often include medical expenses and lost wages. While recovering those losses is certainly beneficial, many accident victims also hope to recover compensation for their noneconomic injuries, such as pain and suffering. However, a 2011 Tennessee law capped noneconomic damages at $750,000, which may not be enough for those tragically injured in a car, motorcycle, or truck accident.
Last week, we discussed wrongful death recoveries and how they may be modified by the court. While this is certainly important information to know, there is a lot of work that must be done before a surviving family can get to that point. If you have lost a loved one in a fatal accident caused by a negligent driver, then you know how hard it can be to even think about the legal process. You are likely busy mourning your loss and making plans for your future.
With spring fast approaching, more Tennesseans may find themselves taking to the roads on motorcycles. This cost-effective mode of transportation can be fun, but it can also be dangerous, particularly when other motorists fail to be aware of motorcyclists. Since motorcycles do not provide the safety features found in cars and trucks, what might otherwise be a minor accident can be deadly. Tragically, one Knoxville resident was recently killed in such a motorcycle accident.
It is a sad reality that many Tennesseans die each year in car accidents. In fact, according to the Tennessee Highway Patrol, more than 950 individuals died on our state's roads in fatal accidents in 2014. Nearly 21 percent of these wrecks were alcohol-related even though more than 8,000 DUI arrests occurred in 2014, up significantly over arrests made in 2013. These numbers are staggering, and similar 2012 data put Tennessee 11th on the list of states with the most traffic fatalities per miles traveled by vehicle.
Tennessee state law delineates just how long you have to file a civil lawsuit. The timeframe differs depending on the type of claim. For example, a property damages claim has a longer statute of limitations than one for medical malpractice. For a personal injury lawsuit, like one filed after a car accident, the law says that a claim must be brought within one year. If you fail to file your lawsuit in that amount of time, you will forfeit your right to sue the individual who caused you harm.
A lot of Tennesseans have seen legal shows on television that always require an attorney to show guilt beyond a reasonable doubt before a conviction can be obtained. While criminal defendants certainly must be found guilty beyond a reasonable doubt before they can be punitively punished, the burden is far different in a civil lawsuit. In the civil context, an individual can prevail simply by showing liability by a preponderance of the evidence.
Last week on the blog we discussed a recent car accident that left a Tennessee man dead. Unfortunately, these types of accidents are far too common in the Knoxville area and throughout Tennessee. Drunk, distracted, and otherwise negligent drivers plague our roads. And when you lose a loved one at the hands of one of these reckless motorists, you likely want justice.
Driving has become so common for many Tennesseans that it has simply become part of the daily routine that does not require much thought. Unfortunately, though, this seemingly minute part of our days is riddled with danger. Distracted, drunk, reckless, and otherwise negligent drivers populate Tennessee's roadways and, in the blink of an eye, can cause a tragic accident.