Mr. James Charles Wright's answer If this happened Arkansas an Arkansas lawyer should answer. Generally a bicyclist on a bike is a "vehicle" not a pedestrian and the rules would apply. Whoever has the right of way in the intersection, the other vehicles will need to yield the right of way.
Peter Munsing's answer Someone can be at fault even if no one charged. She has a duty to inch out if her view is obstructed and to take an alternate route. If she has no insurance bigger problem is that her license could be suspended.
Unless there's some reason to believe the other person is at fault, the only other option is a possible claim against the owner of the obstruction, but if the obstruction is permissable under the town and state codes that's another question.
Peter Munsing's answer generally, the law has not caught up with carfax and claims of diminution of value from the car having been in a crash. You get the book value in most cases. You can try that argument, and I'd suggest call the Insurance Commissioner but generally no.
Mr. James Charles Wright's answer There are really too many factors to consider to respond meaningfully to this. I am assuming from your note that a judgment has been entered and based upon this judgment your wages are being garnished. I would suggest you contact a bankruptcy attorney and walk through all of the facts.
Leonard Robert Grefseng's answer The suit would have to be filed in Tennessee where the defendants live or where the accident occurred. You can't sued them where you live for something they did in Tennessee..
Mr. James Charles Wright's answer Pulling out of a private drive, a driver should yield the right of way to oncoming traffic. You mention a traffic light - and that the other driver came into the intersection on a red light. If the intersection was controlled by a traffic light then if you entered the intersection on a green light you would have had the right of way over someone with a red light.
Not having insurance has no bearing on fault. However, having no insurance may impact your driver's license. Hopefully...
Peter Munsing's answer This is why you need to contact a lawyer after a crash. This sounds like the usual insurance baloney where they try to say you are 10,20.30% at fault based on---well, it's an "accident" so it's no-one's fault (until they are trying to soak you for contribution).
1. I assume you've had your damages evaluated by someone you want to fix the vehicle. If not do so--most dealers will do it for free.
2. Contact a member of the Tenn. Assn for Justice who handles crashes--they give free...
Mr. James Charles Wright's answer A worker's compensation claim recover is based upon a percentage of permanent medical implairment multiplied by a statutory amount - this is called permanent partial or total disability. One can also recover temporary disability while out from work until either a return to work date or permanent disability is assigned. Medical bills are covered so long as you go to an approved doctor. Pain and suffering is not a recoverable element of damages.
Peter Munsing's answer Possible. You can raise it as a defense. However that may have other implications. I'd suggest you discuss it with an attorney who handles tickets and points issues in the county where it happened. As you may have a CDL,worth paying for a consult.
Mr. James Charles Wright's answer I would suggest you at least seek the advice of a lawyer. There are now a lot of issues to deal with in resolving a claim. I have been practicing a long time and things have gotten more complicated in regard to liens, subrogation interests and other matters. If nothing else talking to a lawyer to discuss some of the issues would be helpful to you. You don't have to hire a lawyer necessarily but to get some advice most lawyers will consult for free. You then can make a decision as to how...
Mr. James Charles Wright's answer If there were no personal injuries you are not going to jail in all likelihood. There will be a fine and court costs. You may want to take a lawyer - as you may be entitled to diversion.
Peter Munsing's answer You are moving, he's not, it's on you. You can claim contributory negligence, that he's more than 50% at fault because it's very difficult to exit but you'll look like you want a license to hit it otherewise.
Peter Munsing's answer Look at the ticket. It has a statute. Talk to a local lawyer; if injured, talk to a member of the Tenn Assn for Justice in the county where you live--they give free consultations. Plead not guilty.
Mr. James Charles Wright's answer Look at TCA 55-10-102 and 103. If there was property damage only. TCA 55-10-101 deals with accidents involving personal injury. You can do an internet search and pull up the statutes.
Mr. James Charles Wright's answer Tennessee is a comparative fault state- so if your fault is equal to or greater than 50% you couldn't recover. And the opposite is true- if the other party is 50% at fault or greater they can't recover. It would be up to a judge or jury to determine who is more at fault. My personal thought would be the driver that hit the parked vehicle would generally be more at fault. But there may be more facts that might change my mind.
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