Articles Posted in Auto Accidents

If a person is injured in a car accident in Tennessee, he or she will often file a lawsuit seeking compensation from the driver that caused the accident. If the driver was engaged in the course and scope of his or her employment at the time of the accident, the injured party may be able to recover damages from the driver’s employer as well. Recently, the Court of Appeals of Tennessee at Knoxville explained when an employer can be held liable for harm caused by its employee, in a case arising out of a car accident. If you were injured in a Tennessee car accident by a driver engaged in the course and scope of his or her job duties it is critical to meet with a seasoned Tennessee car accident attorney to discuss who may be held accountable for your harm.

Factual Background

It is alleged that in August 2016, the plaintiff was driving on a road in Greene County, Tennessee, when a car traveling in the opposite direction crossed the center line and struck her head-on.  The plaintiff sustained permanent and severe injuries in the accident. She subsequently filed a lawsuit asserting negligence claims against the defendant driver’s estate and the defendant driver’s employer, arguing that the defendant driver was engaged in the scope and course of her employment at the time of the accident.

It is reported that the plaintiff further alleged that the defendant driver was liable for negligent hiring and supervision. The defendant employer denied that the defendant driver was engaged in employment-related activities at the time of the accident, and filed a motion for summary judgment. The trial court granted the motion, and the plaintiff appealed, arguing that the court erred in ruling that the defendant driver was not acting in the scope of her employment at the time of the accident and that the defendant employer could not be held liable under a theory of respondeat superior.

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Most people purchase car insurance with the expectation that the insurance will provide coverage in the event of a car accident. If a car owner fails to comply with the terms of the policy and is subsequently injured in an accident, however, he or she may be denied any coverage or benefits pursuant to exclusions under the policy. Recently, the United States District Court for the Middle District of Tennessee analyzed policy exclusions in a case in which a car accident was caused by an unlicensed driver who was intoxicated at the time of the accident. If you were involved in a car accident in Tennessee and your insurance company is attempting to deny you coverage you should meet with a skillful Tennessee car accident attorney to discuss your options for recovering benefits.

Factual Background

It is alleged that the car owner was involved in an accident in which he rear-ended another driver. At the time of the accident the car owner did not have a valid license. Additionally, he admitted to the investigating officers that he had been drinking and failed multiple field sobriety tests. He was ultimately charged with and convicted of driving under the influence.

It is reported that the other driver filed a lawsuit against the car owner, seeking costs, and compensatory and punitive damages for the harm she sustained in the accident. The car owner was insured by the plaintiff insurer. The insurer subsequently filed a declaratory judgment action and a subsequent motion for summary judgment, seeking an edict from the court that it was not obligated to provide the car owner coverage under the terms of the policy. Continue reading ›

Driving a car is generally safe but it is not without risks and being involved in a car accident can cause substantial injuries and, in some cases, death. Although many car accidents are caused by other drivers, unexpected hazards in the roadway can cause collisions as well. While many roadway hazards are caused by natural conditions, in some cases a hazard may be caused by a person’s negligence. In a recent Tennessee case, an appellate court addressed the issue of what constitutes sufficient evidence of a defendant’s responsibility for creating a hazardous condition that caused an accident, to avoid dismissal of a case. If you suffered harm in a Tennessee car accident due to a hazardous condition that was created by another person you should speak with a trusted Tennessee car accident attorney as soon as possible regarding your options for seeking recourse.

Alleged Facts Regarding the Accident

It is reported that the plaintiffs’ decedent was driving his car on a roadway, when he hit a bull that was standing in the middle of the road. The impact caused his car to veer off the road and flip upside down in a nearby creek. The decedent subsequently drowned. The plaintiffs, the wife and children of the decedent, filed a wrongful death lawsuit against the defendant, alleging he owned the bull and was negligent in failing to control it. The defendant denied that he owned the bull. Following the completion of discovery, the defendant filed a motion for summary judgment, which the trial court granted.

Allegedly, the trial court stated that due to the lack of direct evidence that the defendant owned the bull, the defendant was entitled to summary judgment. Further, the court stated that there was not sufficient evidence that the defendant testified falsely at his deposition as to his ownership of the bull. The plaintiffs appealed the trial court ruling, which the appellate court reversed.

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The law affords parties injured in car accidents the right to pursue claims against anyone that may be liable for their damages. Even if the injured party does not know the identity of the driver that caused the accident, any action to recover damages must be filed in the proper time and manner, to avoid waiving the right to recover. This was illustrated in a recent case ruled upon by the Court of Appeals of Tennessee, in which the plaintiff’s case was dismissed due to the failure to join an essential party and the failure to file the lawsuit within the time required by the statute of limitations. If you were injured in a Tennessee car accident with an unknown driver it is critical to engage a capable Tennessee car accident attorney who is proficient in pursuing uninsured motorist claims.

Facts Regarding the Accident

It is reported that the plaintiff was involved in a hit-and-run accident in November 2015. The plaintiff suffered significant injuries due to the accident and required extensive medical treatment. In July 2017, the plaintiff filed a lawsuit against the defendant, his automobile insurance carrier, seeking uninsured benefits under his policy. The defendant filed a motion to dismiss the lawsuit on the grounds that the lawsuit did not name the other driver involved in the accident or issue a summons against the other driver, as required by the Tennessee Rules of Civil Procedure. Further, the defendant argued that the plaintiff’s claims were barred by the one-year statute of limitations for pursuing personal injury claims in Tennessee. The trial court granted the defendant’s motion. The plaintiff subsequently appealed, arguing that the six-year statute of limitations for breach of contract actions applied when an insured sues his insurer for uninsured motorist benefits.

Pleading Requirements for Pursuing Uninsured Motorist Claims

On appeal, the court rejected the plaintiff’s argument and held that the one-year statute of limitations for personal injury claims governed the subject case. The court noted that the Tennessee code provides that a plaintiff who is injured in a hit-and-run accident with an unknown driver and subsequently files a lawsuit for uninsured motorist benefits must issue a John Doe warrant against the unknown driver in order to qualify for coverage under his or her policy.
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In any civil case, including lawsuits arising out of car accidents, procedural errors can be costly. While most people are aware that a lawsuit may be dismissed if it is not commenced within the statute of limitations, many people do not understand the nuances of what this truly means. This was highlighted in a recent Tennessee car accident case in which the Plaintiff’s lawsuit was dismissed as untimely, due to the fact that it was filed but not issued within the statute of limitations. If you were involved in a car accident in Tennessee and you wish to pursue damages from the responsible party, it is integral to your case to retain an attorney with ample experience litigating car accident cases.

Reportedly, in the subject case, the plaintiff sustained injuries in a car accident on January 25, 2013. The plaintiff filed a civil warrant on January 24, 2014, against the defendants, the other driver involved in the accident and his employer, in which the plaintiff alleged the defendants were negligent and therefore liable for his injuries. The warrant was filed after normal business hours. Five days later, the plaintiff was informed he owed a filing fee, which he paid. He filed an amended warrant in May 2014.

It is alleged that the case was removed to a circuit court, where the plaintiff filed a complaint in May 2017. Subsequently, the defendants filed an answer and affirmative defenses in response to the plaintiff’s complaint. One of the defenses set forth by the defendants was that the plaintiff’s claim was barred by the applicable statute of limitations. The defendants then filed a motion for judgment on the pleadings, which the court granted. The plaintiff appealed and on appeal, the appellate court affirmed the trial court decision.

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If a person is involved in a car accident that is caused by another driver’s negligence, the person has a right to seek damages for any harm caused by the accident. While proving some damages, such as the cost to repair a car or obvious injuries such as broken bones and lacerations is a straightforward process, proving other damages requires an expert opinion.

The court of Appeals of Tennessee at Jackson recently analyzed the proof needed to establish loss of earning capacity in a Tennessee car accident case. If you were involved in a Tennessee car accident that was caused by someone else’s negligence, it is prudent to retain an experienced Tennessee car accident attorney to assist you in pursuing compensation.

Allegations Regarding the Accident and Plaintiff’s Treatment

Reportedly, the plaintiff was involved in a car accident with the defendant in January 2016. It was undisputed that the defendant caused the accident. Following the accident, the plaintiff was treated for sciatica, disc bulges, and other back issues. He eventually underwent back surgery, after which his surgeon advised the plaintiff that he should not lift objects weighing over thirty pounds or bend or twist. The doctor also stated that the plaintiff had reached his maximum improvement medically speaking.

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Tennessee law imposes time limitations for pursuing certain claims. For example, a personal injury lawsuit has to be filed within one year of the date of an accident. In some cases, even if a plaintiff initially files a lawsuit within the statute of limitations, his or her claim may nonetheless be time barred, if he or she fails to comply with other procedural requirements.

This was illustrated in a recent case decided by the Court of Appeals of Tennessee, where the plaintiffs’ case was dismissed due to the failure to have an administrator appointed to the tortfeasor’s estate within the statute of limitations, despite filing the initial complaint in time. If you were injured in a Tennessee car accident, you should speak with an experienced car accident attorney as soon as possible to avoid waiving your right to recover damages.

Factual Scenario

Reportedly, the plaintiffs were involved in a car accident with the tortfeasor on May 11, 2015. They filed a lawsuit against the tortfeasor on March 30, 2016, which was within the one year statute of limitations for filing a personal injury action under Tennessee law. Shortly thereafter, the plaintiffs received notification from the tortfeasor’s insurance company that the tortfeasor passed away after the accident. The plaintiffs then filed an underinsured/uninsured motorist lawsuit against their own insurer, to seek benefits for the damages caused by the accident. The insurer objected, arguing that the plaintiffs had not provided proper notice.

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While people are generally aware that there are statutory limitations that set forth deadlines for when a lawsuit must be filed, most people do not understand the full extent of what this means. For example, an injured party may think that if his or her lawsuit was filed within the statutory period provided by law, they cannot waive the right to recover. This is not true, however, as shown in a recent car accident case decided by the Court of Appeals of Tennessee.

In that case, the court found that although the lawsuit was filed within the statute of limitations, due to the injured party’s failure to comply with the procedural requirements regarding service the suit was properly dismissed. If you were involved in a Tennessee car accident, it is essential to retain an attorney with the skills and experience needed to help you establish a strong case in favor of your recovery of compensation.

Procedural Background of the Case

It is alleged that the plaintiff was involved in a car accident with the defendant police officer who was employed by the defendant city on October 21, 2014. The plaintiff filed a lawsuit on October 5, 2015, and on October 13, 2015, a city clerk accepted service of the Complaint. Subsequently, on November 30, 2015, the defendant city filed an Answer to the Complaint, arguing in part that it was not properly served with the Complaint and therefore, service was not effective. In detail, the defendant city stated that because the Complaint was not served on the Mayor or City Attorney the service was improper. In February 2017, the defendant city filed a motion for summary judgment setting forth the same argument. The court granted the motion, and the plaintiff appealed.

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There are several elements that must be met to successfully recover damages in a personal injury case. One factor that is very important but seldom considered by injured parties is the procedural requirements for filing a lawsuit. The United States District Court for the Eastern District of Tennessee recently dismissed a case due to the plaintiff’s failure to file her lawsuit within the time required under the applicable statute of limitations. If you suffered harm in a Tennessee car accident, it is important to retain an experienced attorney who is mindful of the procedural requirements imposed by the law.

Procedural Background

Reportedly, the plaintiffs, a mother and daughter, who live in Virginia, were driving in Tennessee when they were involved in a motor vehicle collision with the defendant driver, a resident of Florida. The defendant driver was engaged in the course of his employment with an Alabama based employer. The plaintiffs filed a lawsuit seeking damages for their injuries in a district court in Alabama, on the basis of diversity jurisdiction. The defendants filed a motion to dismiss, or in the alternative to transfer, the case to the Eastern District Court of Tennessee, which is the court for the district where the accident occurred. The court granted the motion to transfer the case. The defendants then filed a motion to dismiss, arguing the one-year statute of limitations for filing personal injury claims in Tennessee precluded the plaintiffs’ claim.

Under federal law, for an expert report to be admissible the party introducing the report must show the expert witness is qualified, the report sets forth an opinion relevant to determining an issue of fact, and the testimony is reliable. The United States District Court for the Western District of Tennessee recently explained that a district court evaluating whether an expert report should be admitted is not required to analyze whether the report is correct, but only if the report is supported by a reliable foundation. If you were the victim in a Tennessee car accident, it is in your best interest to retain a knowledgeable car accident attorney to discuss the circumstances surrounding the accident and develop a plan to assist you in recovering damages.

Factual Scenario

Allegedly, the plaintiff and the defendant driver were involved in a car accident. The plaintiff alleged that the defendant driver, a truck driver, was negligent and that his employer should be held vicariously liable for her injuries. In response, the defendant alleged that the plaintiff caused the accident. The defendants served the plaintiff with expert disclosures as required by Federal law. The defendants’ expert reviewed photographs, video footage, and analyzed the specifications of the plaintiff’s vehicle, a reconstruction program and his own experience in determining that the plaintiff caused the accident by driving into the path of the defendant driver and that the collision was minor. The plaintiff moved to preclude the expert and his report, arguing that the report was contrary to the photographs of the accident and the physical evidence. The plaintiff also argued the report alleged negligent behavior on behalf of the defendant driver, not the plaintiff.

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