Stay safe when driving this winter—call our lawyer if you are in a crash.

When the weather cools in Tennessee, the risk of accidents tends to increase. While accidents can seem inevitable—especially in poor weather conditions—the reality is that nearly all car crashes are preventable. At the office of Bednarz Law, our experienced Tennessee motor vehicle accident attorneys can help you to understand causes of accidents during the colder months in Tennessee, as well as your legal rights if you’re involved in a crash. Call us today for your free consultation to learn more.

Top Causes of Accidents During the Colder Months in Tennessee

Nearly all accidents that occur in Tennessee, regardless of the month of the year, are a result of driver negligence. Things like driving while impaired or distracted, speeding, and driving aggressively are top causes of accidents year-round. With that in mind, the following may contribute to an uptick in crashes during the colder months of the year—

• Holiday traffic. During the holidays, there tends to be a large increase in the amount of traffic, as many people hit the road to visit friends and family. What’s more, many out-of-towners aren’t familiar with roads, increasing the risk of an accident.

• Drunk driving. Unfortunately, drunk driving tends to increase during the holidays, as Thanksgiving, Christmas, and New Years are big drinking holidays.

• Poor weather. Of course, poor weather can play a role in the number of accidents. While snow is less common than it is in northern states, it does fall and can lead to dangerous road conditions. Precipitation and poor visibility, slippery roads, and weather-related traffic congestion can all increase the risk of a crash.

• Poor lighting. With shorter days and less light, it may be harder for drivers to see, impacting visibility and the risk of a crash.

Avoiding Cold-Weather Accidents in Tennessee

By practicing safe, defensive driving behaviors, you can reduce your risk of being involved in an accident. Top tips for staying safe during the wintertime include:

• Slow your speed, especially when visibility is poor or there is adverse weather
• Give other drivers plenty of distance when following and lane changing, especially big trucks
• Always know your route in advance
• Leave a few minutes early or late to avoid the most congested times of the day
• Service your vehicle to get it winter-ready
• Always drive sober and distraction-free

Your Rights if You are Involved in a Tennessee Crash

If you are involved in a crash this holiday season, know that you have legal rights, including the right to seek compensation for your damages if the accident was caused by another’s negligence. You also have the right to work with an attorney, and at the law office of Bednarz Law, our Tennessee car accident lawyer will advocate for you. Our lawyer will help you to prove that your accident would not have occurred but for the negligence of the other party, and will aggressively negotiate to secure you the best settlement possible.

Call Today for Your Free Consultation

To learn more about your rights after a winter car accident, please call Bednarz Law directly today or send us a message online to request your free consultation.

Everywhere you go in Nashville, you can notice cars with Uber or other rideshare stickers. Uber drivers provide a convenient way to get around, but the situation becomes decidedly less convenient if your Uber ride is involved in a car accident.

What happens then? Who is responsible for your injuries and losses? It is important to speak with an experienced Nashville Uber accident lawyer about the best course of action.

Who was At Fault?

As a passenger in an Uber, you know that you were not responsible for causing the accident, and the party that was to blame should be liable for your injuries. The first step, in any case, is to determine who was at fault and should be held liable for your losses.

Another Driver was to Blame

Other drivers on the road can be negligent and crash into the Uber vehicle when you least expect it. If your Uber driver did everything right and someone else caused a collision, the negligent driver should be the responsible party.

In this situation, you would file an insurance claim against the at-fault driver’s insurance company. This would proceed just as another auto insurance claim would after a crash. If the at-fault driver does not have insurance – or adequate insurance – you might be able to file a claim with Uber’s uninsured or underinsured motorist coverage.

Even though this situation might seem fairly straightforward, it is important to have legal assistance and representation when filing an insurance claim against a third-party driver. Their insurer will try to use tactics to limit your financial recovery, and we can negotiate the settlement you need and deserve.

The Uber Driver was to Blame

There are many reasons why Uber drivers might get into crashes, including:

• They were distracted by checking the Uber app, navigation, or other smartphone communications
• They were drowsy from working long hours
• They were under the influence of drugs or alcohol
• They were speeding or violating other traffic laws

If your Uber driver was negligent and caused the accident while you were a passenger, Uber’s corporate insurance coverage will apply. The good news is that Uber provides up to $1 million in coverage for injured passengers. The bad news is that the corporate insurance company and Uber’s legal team are always ready to limit payouts on injury claims.

If you need to file an insurance claim against Uber or another rideshare company, you need an experienced attorney on your side who knows how to stand up for your rights to compensation to these parties.

Contact a Nashville Uber Accident Attorney Right Away

The Nashville Uber accident lawyers at Bednarz Law have the experience and resources to take on any type of insurance company on behalf of our injured clients. We handle all types of rideshare accident claims, so don’t hesitate to contact us for a free consultation to learn about your rights and how we can help.

Too often, serious injuries and even death are caused by an accident involving a drunk driver. If you or a loved one are suffering from an injury, you may be entitled to damages stemming from a drunk driving crash. And because impaired driving is willfully reckless, you may have the right to receive punitive damages as well.

Punitive damages are a type of compensation that isn’t designed to financially recover from losses, but for other reasons, as we’ll see below. If you or a loved one are suffering from an injury caused by a drunk driver, contact a reputable Tennessee car accident attorney now to learn about your legal rights and whether or not you are eligible to receive compensatory and punitive damages.

What Are Punitive Damages?

A basic tenet of personal injury law is that victims should receive compensation to cover the damages arising from an accident. These expenses include the cost of vehicle repair, medical care, and loss of wages, which are considered “compensatory damages.” By contrast, punitive damages are not designed to indemnify the victim. Rather, the purpose of punitive damages is to punish the defendant for gross negligence and to deter future misconduct.

How Can I Pursue Punitive Damages from a Drunk Driver?

Generally speaking, punitive damages are only awarded when an extreme lack of care is exhibited by the drunk driver. Since drinking and driving is a voluntary choice, victims of drunk driving accidents may be more likely to win punitive damages.

To obtain punitive damages, you must prove that the defendant was legally driving under the influence. Under Tennessee law, if law enforcement finds that a motorist is operating a vehicle with a blood alcohol concentration of .08 or higher, then that driver is guilty of driving while intoxicated (DW).

Also, Tennessee law states that punitive damages may be awarded “if the claimant proves by clear and convincing evidence that the defendant against whom punitive damages are sought acted maliciously, intentionally, fraudulently or recklessly.”

If you are considering pursuing compensatory and/or punitive damages for your injuries, you should contact a skilled personal injury lawyer so they can immediately begin securing evidence. For example, your attorney can obtain police records, interview witnesses, and gather video and photographic evidence, if available. It’s always better to secure evidence soon after an accident while evidence is still accessible and before witnesses’ memories fade.

Get Help from a Tennessee Car Accident Attorney to Sue for Punitive Damages

If you or a loved one has been physically harmed in an auto accident caused by a drunk driver, seek legal help immediately. The attorneys at Bednarz Law have the experience and skills to seek the maximum compensation allowed by law. Our talented Tennessee lawyers have earned a solid reputation for excellence representing our clients in personal injury cases.

Call Bednarz Law at 615-256-0100 or contact us online to schedule a free initial consultation. We’ll answer any questions you may have and give you all the information you need to know to move forward.

New and old car manufacturers alike, including Tesla, BMW, and Mercedes-Benz, are continually introducing self-driving and partially self-driving auto technology onto the market. It is fairly certain that one day, driver-operated vehicles will be a thing of the past. Although self-driving and partially self-driving auto technology will likely never be able to totally prevent auto accidents, the introduction of these self-driving cars is expected to have very serious consequences for personal injury law.

If you have been involved in a car accident that involved a partially self-driving vehicle, the experienced Nashville car accident lawyers at Bednarz Law may be able to assist. Our lawyers can investigate your accident and hold the responsible individuals or entities accountable for your injuries.

Possibly Fewer Car Accidents

One of the greatest ways that personal injury law will likely be affected by driverless cars is a potential decrease in the number of auto accidents that occur. There is no question that driver negligence contributes to a significant number of motor vehicle collisions. In fact, according to statistics provided by the National Highway Traffic Safety Administration, in a single year, 32,675 individuals in the United States were killed in motor vehicle collisions, and greater than 2.34 million individuals suffered injuries. Due to their on-board safety technology, self-driving cars are involved in far fewer accidents. However, as of yet, these vehicles are not totally accident-proof.

Decreases in Medical Treatment and Hospitalization Costs

Motor vehicle accidents that cause serious injuries can lead to the need for emergency medical treatment in a hospital emergency room or urgent care facility. Depending on the severity of the injury or injuries sustained in the accident, an accident victim may also need to be hospitalized, undergo a surgical procedure, or spend time in physical therapy.

With fewer motor vehicle accidents on the road due to self-driving cars, however, comes a potential decrease in the need for medical treatment and hospitalization. Emergency rooms, along with health care providers, may lose a significant amount of business and money, due to far fewer accidents on roadways.

Fewer Liability Disputes

Many new self-driving motor vehicles are equipped with special sensors, cameras, and other technology that can be used to determine who caused a motor vehicle collision. Therefore, in the personal injury cases that result, there are likely to be far fewer disputes from insurance companies about fault and liability for the underlying accident. Some driverless car manufacturers are also stating that they may accept liability for accidents that occur when a vehicle is in auto-pilot mode.

Decreases in the Number of Personal Injury Claims

With the increase in driverless cars and fewer accidents, it is likely that the total number of personal injury claims and lawsuits that are filed in the court system will decrease significantly.

Call a Nashville Car Accident Lawyer Today

If you have been involved in a motor vehicle collision involving a driverless car, the legal team at Bednarz Law is here to help. For a free legal consultation and case evaluation with a Nashville car accident attorney, please contact us online today.

Pursuant to recent comments by the National Highway Traffic Safety Administration, texting while operating a motor vehicle is the most significant distraction that a driver can engage in. Moreover, texting while driving significantly increases the chances that a driver will cause an accident that leads to the death or severe bodily injury of another person.

According to statistics from a recent year, distracted driving resulted in a total of 3,166 deaths across the United States. In addition, if this trend continues, 3,000 people or more across the country will die in a given year, simply because of distracted driving while behind the wheel. The saddest part about these alarming statistics is that all of these deaths may have been prevented, had the motor vehicle operator simply put his or her phone down while driving. 

If you or a person you love has been injured in a motor vehicle collision that was caused by a distracted driver, you deserve to recover compensation for everything that you went through – including all of your personal injuries, lost wages, pain, inconvenience, and suffering (both physical and mental). The experienced Nashville car accident lawyers at Bednarz Law are committed to helping clients pursue and recover the monetary compensation that they deserve for the injuries that they suffered because of a negligent and distracted driver.

New App that Rewards Drivers for “Good Driving Behavior”

A new app that monitors driver activity was recently launched on the market by Ryan Frankel, who is based out of New York. The idea for the app started when Frankel was involved in a serious accident while riding his bicycle that was caused by a distracted driver who was using a mobile device just prior to the collision. In the accident, Frankel fractured his elbow and hip and spent a significant amount of time in physical therapy.

After conducting some research and determining that negative approaches were relatively ineffective, he decided to produce an app that would positively reward drivers who operated their vehicles in a non-distracted manner. The app is free and is called This App Saves Lives.

How the App Works

The app does not begin to activate until the phone’s GPS system determines that a vehicle is moving at a speed of ten miles an hour or greater. Once that speed is reached, the app launches and monitors the driver’s use of his or her phone. If no use is detected (other than possibly using a navigation system, listening to music, or answering a hands-free call), the driver is awarded points. However, if the driver uses his or her phone to send an email or search a website, points are subtracted. The user can then redeem the points for rewards from various brands that partner with the app.

Speak to a Nashville Car Accident Attorney About Your Case Today

If you have been involved in a motor vehicle collision that was caused by a negligent and distracted driver – and that resulted in an injury – the skilled legal team Bednarz Law can help. For a free legal consultation and case evaluation with a Nashville car accident lawyer, please contact us online today for more information.

These days, we all have cameras in our pockets and purses. After an unexpected accident – such as a traffic crash – you should not hesitate to use your smartphone to help protect your rights and interests. If someone else was to blame for the accident, you will need evidence to prove their fault. While an attorney can help you gather the evidence you need, you can only help your cause by taking photos at the scene of the accident.

It is important to note that you should only take photos if you are able to do so. If first responders suggest you need an ambulance ride for immediate medical attention, you should heed their advice. If possible, ask someone at the scene who you trust to take photos. If not, there are other ways to prove liability.

However, if you can remain at the scene before you get medical treatment, you should consider taking photos of anything that seems relevant, including the following.

Vehicles

Take photos of your and the other driver’s vehicles, including their license plates. Make sure you capture all the damage to the outside of the cars, as the type and location of the damage can help reconstruct what happened. If the other driver gets their vehicle fixed, you have proof of the damage that occurred.

The Other Driver’s Information

The other driver should present their driver’s license and insurance information following the accident. It is always a good idea to take a photo of these documents – if you write it down, you might lose the piece of paper, or it might get wet or accidentally thrown away. Once you have the photo, you can refer back to it in the future.

Road and Weather Conditions

Often, external conditions contribute to a car accident. Were the roads wet? Was there a pothole that caused someone to lose control? Did the accident happen at an intersection? Was the driver going too fast in adverse weather conditions? If anything is out of the ordinary, don’t hesitate to take photos, as you never know what might be important for your case.

Evidence can dissipate quickly, and memories can fade. If you have photos of the aftermath of a crash, you can preserve certain evidence that can benefit your insurance claim.

Let an Experienced Nashville Personal Injury Lawyer Help You

The time following an accidental injury can be confusing for anyone. It is normal to be unsure of your rights or what to do. You should do whatever you can to protect your rights, and you should speak with an attorney who can provide guidance as soon as possible. The legal team at Bednarz Law knows how to gather evidence of liability for our clients to ensure they receive the compensation they deserve. Call our Nashville location at 615-256-0100 or contact us online for a free consultation with a Nashville injury attorney.

Have you ever been in a traffic accident where someone hit you and left the scene?  Then you have been involved in a hit and run. In Nashville, there is a hit and run unit that specifically investigates leaving-the-scene accidents. When it’s a hit and run, the challenge is identifying the driver who caused the accident but didn’t stop afterward. While it’s the job of law enforcement to investigate a traffic crime, law enforcement may not find the driver who hit you. However, there are some initial steps that you can take after you have been involved in a hit and run to protect your rights. 

Once an accident occurs, you may have suffered serious trauma, such as a head injury.  You may not be in the best mindset to navigate the aftermath of a hit and run. Consider the following steps that can help your situation.

• Get mentally, emotionally, and physically better.  This sounds like a given, but you have been involved in a traumatic event. If you have been released from the hospital, the best thing is to focus on getting mentally, emotionally, and physically better.
• Speak with a Nashville car accident attorney you can trust. Recovering from injuries can be a challenging process, so you want a personal injury attorney standing up for you – especially against insurance companies.
• Keep medical records and medical bills in a safe place. Medical bills accumulate fast. Personal injury attorneys have recordkeeping systems set up to handle the influx of these medical bills. However, you should still request all medical bills and medical records and keep them in a safe place so that you have these for your own records.
• Follow up with law enforcement investigations. Your attorney can help with this step, and you want to review the police report and ask whether they were able to locate any eyewitnesses to help identify the driver who left the scene. Keeping up with your case can ensure they are working to find the driver.

Contacting a civil personal injury attorney as early as possible will benefit you in the long run. An attorney does not get involved in the criminal investigation, but they will get involved with your insurance company. It is best to review your insurance coverage after a hit and run, but don’t stop there. Hand over the reins to an attorney to review your insurance coverage. The best option if the other driver is not located is generally to file a claim with your uninsured motorist coverage, which should also cover hit and runs.

Reach out to a Nashville Car Accident Attorney to Navigate a Hit and Run Accident Claim

Solely undertaking the challenges associated with a hit and run traffic accident may not be in your best interest.  Reach out to a Nashville personal injury attorney at Bednarz Law to help you manage the aftermath of a hit and run traffic accident. The attorneys at Bednarz law provide free consultations, and you can reach us by calling 615-256-0100 or contacting us online. Trust Bednarz law to help you navigate the aftermath of a hit and run.

All types of auto accidents can be dangerous, and motorists can sustain serious injuries even with airbags, seat belts, and other safety features. When someone is ejected from a vehicle in a crash, they lose these safety protections and often suffer particularly severe – if not fatal – injuries. It is important to know how ejections happen in accidents and take all possible steps to prevent them.

Seat Belts

The number one factor in vehicle ejections is seat belt use. When someone is not wearing a seat belt, the chances of ejection increase exponentially. Without a restraint, there is nothing to keep you in your seat, and the impact of a crash can throw you forward through the windshield or cause you to be thrown out a side window. Some people who are wearing seat belts might be ejected if the seat belt malfunctions and fails to offer proper restraint.

Rollovers

Ejections are particularly common when a vehicle rolls over. Rollovers are violent events, and the force of a rollover can cause a seat belt to unexpectedly come undone. As the car rolls, so can unbuckled passengers, and it is all too common for them to be ejected from the vehicle.

Ejection risks are especially high in bus and large van accidents. This is because these vehicles are highly prone to rollovers, and passengers often do not buckle in – or they might not even have access to seat belts at all. The combination of no seat belt use and rollovers regularly causes bus and van passengers to be ejected.

Defective Car Parts

When you latch your car door shut, you should expect it to stay shut. However, in many cases, door latches can be defective, and a door can fly open if your weight is thrown against it in a crash. Defective airbags, windows, and more can also contribute to vehicle ejections. Most people do not realize that part of their car is defective until it malfunctions when they need it most.

Your Rights after a Vehicle Ejection

Many people are ejected from vehicles in crashes that were not their fault. If another driver is to blame for your accident, you can hold them accountable for your losses, including those stemming from your ejection injuries. If part of your vehicle malfunctioned and it led to your ejection and worse injuries, the manufacturer who sold the defective vehicle should be at least partially liable for your medical expenses and other damages.

Consult with a Nashville Car Accident Attorney as Soon as Possible

Deciding who can be held responsible for your injuries after a vehicle ejection can be a challenging task. You should have an experienced Nashville personal injury lawyer evaluate your rights and what insurance claims are available. At Bednarz Law, we handle all types of car accident claims, including those for clients with catastrophic injuries. Call our Nashville location at 615-256-0100 or contact us online right away for a free consultation.

Tennessee law requires you to report a car accident to the state if the crash resulted in injuries, death, or property damage over $1,500. While you have 20 days to report the accident, it is always wise to call 911 from the scene of the crash to report what happened. Not only will this ensure that everyone receives necessary medical attention right away, but it should also result in the police arriving at the scene to make a police report.

Police reports are important after car accidents for several reasons. If you are an accident victim who later needs to seek compensation from the responsible party, a police report can often help your insurance claim or personal injury lawsuit.

Information in Police Reports

Part of the job of law enforcement officers – whether they are local police, state police, or highway patrol – is to investigate what happened and create a report documenting the scene following an accident. While each report is unique, they can contain information that includes:

• The time, date, and location of the crash
• Names and contact information of all motorists involved in the accident
• Names and contact information of anyone who witnessed the crash and stopped to help
• Whether anyone was injured, whether they needed emergency transportation, which hospitals they went to, and possibly their condition
• The types of vehicles involved, and any property damage sustained by the vehicles
• A diagram of the scene following the accident, including intersections, where the vehicles ended up, skid marks, debris, traffic signals, and more
• The road and weather conditions at the time of the accident

In addition to the above basic facts regarding the crash, police officers might also include statements taken from people involved or witnesses. They can include whether someone violated the law and whether the police issued a citation or made an arrest. While a police report is not considered to be absolute evidence of what happened in an accident, it can help establish a baseline of what happened and can be persuasive in an injury claim.

Protect Your Rights

What can you do to protect your rights after a car accident? First, call 911 to ensure the police arrive. If you can remain on the scene, give a clear statement of what happened as you remember it. Later, you or your attorney should request a copy of the report to ensure your statement is accurate. If it is not, you can request to amend the report.

Police reports can also provide important information about witnesses so you can contact them if you did not personally obtain their information at the scene. All in all, this is an important document to have as part of your injury case.

Contact a Nashville Personal Injury Lawyer about Your Rights Today

At Bednarz Law, we know how to use police reports to help with your car accident claim. If you need legal assistance following an injury, contact us online or call our Nashville office at 615-256-0100 for a free consultation with a Nashville personal injury attorney.

Handling Claims Arising from Serious SUV Crashes in Nashville

Sport utility vehicles (SUVs) are highly popular vehicles for consumers in Nashville and across the United States. SUVs are spacious and come in a variety of shapes and sizes, and many families find them to be a great alternative to the traditional minivan. However, even with more advanced safety features introduced each year, SUVs can still be involved in serious crashes, and occupants can sustain life-changing injuries.

If you are in an SUV accident, you should discuss what happened with an experienced Nashville SUV accident lawyer. Contact Bednarz Law to learn about how we can help in your situation.

Risks of an SUV

While SUVs are convenient, stylish, and generally reliable vehicles, they also have specific safety risks. Like large vans or semi-trucks, SUVs also have a narrow wheelbase with a higher center of gravity. This makes these vehicles much more likely to roll over in the following situations:

• When a driver takes a curve or turn too fast
• When a driver hits a curb or gets “tripped” by another obstacle
• In a collision with another vehicle
• If a driver spins out or hydroplanes
• If a tire blows out and the driver loses control
• When a driver overcorrects by jerking the steering wheel

Any of these situations and more can cause an SUV to tip over on its side or even roll onto its roof.

Rollover accidents can be particularly dangerous, especially if the vehicle does not have a proper roll bar built in to prevent the roof from collapsing. Even with the necessary rollbar technology, occupants of an SUV can suffer severe head trauma, brain injuries, spine injuries, lacerations from broken glass, and other traumatic injuries in a rollover accident. This is one reason why SUV accidents can be so dangerous for occupants.

Liability for SUV Accidents

When you incur medical bills and other losses due to injuries from an SUV accident, you should always explore who might be held liable for those losses. If another party was negligent and their negligence led to your SUV crash, that party’s insurance should cover your medical expenses, lost income, and more.

Some parties that might be liable for an SUV accident include:

• Drivers who engage in distracted driving, drunk driving, or otherwise violate traffic laws
• Companies that employ negligent drivers
• Car manufacturers who sell defective SUVs
• Construction crews or public agencies that allow dangerous roads or hazards to persist

Our skilled attorneys can evaluate which parties should be liable in your case, and we can handle all of the appropriate insurance claims to ensure you receive the compensation you need to cover your expenses and more.

Contact an Experienced Nashville SUV Accident Lawyer for Assistance

SUV accidents can be complicated matters, and you want the legal team of Bednarz Law protecting your rights. Contact us online or call our Nashville office at 615-256-0100 if you would like to discuss your legal options with an SUV accident attorney in Nashville for free.