In 2016, more than 1,000 people died in car accidents throughout Tennessee, according to figures compiled by the state’s Department of Safety & Homeland Security. Nearly one-quarter of those deaths occurred in and around Nashville, and tens of thousands more sustained serious, life-threatening injuries.
If you are injured–or tragically lost a loved one–in a car accident, you want to hold the negligent parties accountable. It is not just about seeking justice. An accident can cost you thousands of dollars in medical bills and lost wages. Our personal injury lawyers can help you get compensation from the people who caused your injuries.
Dealing with All Kinds of Tennessee Motor Vehicle Accidents
Our experienced car accident attorneys can assist you with claims arising from many types of motor vehicle collisions, including:
- Side-impact (T-bone) crashes
- Rear-end accidents
- Truck and semi-trailer accidents
- Hit-and-run accidents
- Pedestrian accidents
- Motorcycle accidents
- Rollover accidents
Most accidents are the result of some form of driver negligence. A driver may be distracted by their smartphone or under the influence of drugs or alcohol. At other times, a driver fails to exercise ordinary care in obeying traffic signals and road rules. Whatever the cause, the negligent driver can and should be held legally liable for injuries caused to you and other persons.
Frequently Asked Questions After a Nashville Car Accident
If you have been involved in a car accident in Nashville, you may have dozens of questions about your legal rights and how you can recover compensation. Our lawyers at the law office of Bednarz Law can provide legal support as you navigate the process. Consider the answer to some of the most frequently asked questions that our lawyers hear—
- Can I file a lawsuit against the other driver? Tennessee is an at-fault state for car accidents. This means that when you are involved in an accident caused by another party—whether another driver or another third party, such as a vehicle manufacturer—you have the right to recover compensation. Usually, you will file a claim with your insurance company, which will then pursue damages against the at-fault driver’s liability insurance provider. Most claims settle out of court. However, if an out-of-court settlement
- What do I need to prove in a car accident claim? When you file a claim for your damages, you will need to confirm that the other driver was responsible for your losses. In a car accident lawsuit, there are four elements that you need to establish: duty, breach of duty, causation, and damages. Essentially, you will have to prove that the party against whom you are filing a suit owed you a duty of care, breached the duty of care owed to you, and that the breach of duty of care was the direct cause of your accident and losses. You’ll also need to prove that you’ve suffered economic or non-economic damages, or both.
- What is the statute of limitations for filing a car accident suit in Tennessee? The statute of limitations is the time limit for filing a lawsuit. The statute of limitations varies from state to state and is different depending on the type of claim. In a Tennessee car accident, you have one year from the date of the accident to file a claim for personal injury damages and three years from the date of the accident to file a claim for property damage. If you breach the statute of limitations, your right to recovery will be forfeited.
- What happens if the other driver is uninsured? If the at-fault driver involved in your crash does not have car insurance, you may be wondering how you will recover compensation and whether you still have the right to file a lawsuit for damages. If the at-fault driver is not insured, you can file a claim against your own policy’s uninsured/underinsured motorist coverage. Depending on the specifics of your case, additional avenues of recovery may be available, such as filing a third-party claim. While you would still have the right to file a lawsuit, note that doing so in a case where the at-fault party is not insured is often futile, as even if you win your suit, the defendant may not have the assets to pay your claim.
Why You Need an Experienced Car Accident Lawyer
Your first instinct following a car accident may be to try to handle things yourself. The negligent driver’s insurance company may quickly offer you a nominal sum to make the matter go away. Remember, insurance companies are experts when it comes to low-balling accident victims. They know you are anxious to receive any amount of compensation and want to avoid going to court.
Also, keep in mind, the negligent driver may be unknown–as with a hit-and-run accident–or lack sufficient insurance coverage to compensate you for your injuries fully. In such cases, you may be eligible for compensation through your own car insurance policy’s uninsured motorist coverage. Tennessee law requires all insurers to provide uninsured/underinsured motorist coverage as part of any policy sold in the state, unless the policyholder expressly declines such coverage in writing.
You might think dealing with your own insurance company will be easier. But at the end of the day, an insurance company is a for-profit business accountable to its shareholders, not its policyholders. Even if you have uninsured motorist coverage, your insurer will scrutinize your policy with a fine-tooth comb, looking for any reason to deny your claim.
This is why working with one of our Nashville car accident attorneys is critical. We know how to deal with insurance companies. Often, simply having a qualified lawyer acting on your behalf will prompt an insurer to take your personal injury claim more seriously and increase its settlement offer. Hiring a lawyer does not necessarily mean you intend to sue; it means you are prepared to take legal action if you are not treated fairly.
Protecting Your Rights with Skilled Legal Representation
No lawyer can guarantee a favorable outcome for any client. At Bednarz & Bednarz, we offer an honest evaluation of your personal injury claim and ensure you have the legal representation you need. We represent accident victims in Nashville, Hendersonville, and many other parts of Tennessee. Call us today at 615-256-0100 or fill out our contact form to schedule a free consultation.
