Articles Posted in ATV Accidents

Typically during the settlement of claims between a plaintiff and a defendant, the defendant will want assurances that the plaintiff will not turn around and sue him or her again for different types of related claims, or otherwise continue to drag out litigation after a settlement is reached. In order to create these assurances, parties will usually sign what is known as a release.

A release essentially gives up outstanding claims that a plaintiff may have, whether known or not known at the time. Releases can be narrowly limited to the exact facts of the case or more broadly construed to cover any possible claims a plaintiff may have. While releases are often a normal part of the settlement process, they must be treated very carefully, since a plaintiff can easily and unwittingly give up more than he or she intended. This is illustrated in a recent Tennessee personal injury case before the Tennessee Court of Appeals.

In this ATV accident case, L.J. was a passenger in an ATV accident and was severely injured. The driver of the ATV, L.S., was killed in the accident.  L.J. alleged that the accident was a result of negligence on the part of L.S. and brought a claim for medical bills and personal injury against L.S.’s estate in probate court.  L.J. also filed a lawsuit against the personal representative of L.S.’s estate. At the time, L.J. also had uninsured motorist coverage through Geico, and Geico was added as a party to the lawsuit. The estate subsequently settled with L.J., offering her a semi truck that had been owned by the defendant, which was sold and of which L.J. received the profits.

Auto accidents can happen to even the most cautious drivers. Maybe another driver ran a red light and hit you; maybe a multi-vehicle accident has left insurance coverage in question. These are just two examples of the types of auto accident cases taken on by the Nashville Accident Lawyers at the Law Office of Eric Beasley.

How a Nashville Accident Attorney Can Help

You might not know what to expect the first time you visit a lawyer’s office. To start with, you’ll be asked to describe the situation you’re concerned about. This interview will take place before any papers are signed so you won’t be held to any obligation if the Nashville Accident Lawyer is unable to assist. You’ll also be informed of steps involved in filing a car accident claim. This will give you an idea of how quickly your case can be resolved. If everything is agreeable to you, a contract will be available for you to sign. You’ll receive a copy of the document for your own records; it is part of your attorney’s legal responsibility to provide you with a copy of the contract so you can refer back to it in the future.

A 45 year old man driving an ATV was killed on Wednesday after he was struck by a pickup truck near Watertown, just 40 miles outside of Nashville. Tennessee Highway Patrol reports that the 33 year old driver of a Dodge Ram pickup was heading south on Round Top Road when he came up behind the ATV and completely ran over it. The victim was not wearing a helmet and died at the scene. Both men were believed to be under the influence of alcohol at the time of the crash.

Safety precautions should always be taken when driving ATVs recreationally off-road but when blending them in with mainstream motor vehicle traffic, there is even greater risk for hazardous accidents. The risk triples when drivers of traditional cars and trucks act negligently; driving while intoxicated. Often, even wearing a helmet is not enough to save a life when suffering from the reckless impact of a larger vehicle. Families who experience such tragic loss are entitled to be heard by an experienced Nashville lawyer to discuss how they may be compensated for their suffering.

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