Tennessee Car Accidents Questions & Answers

Q: If a person riding a bike in crosswalk in AR is hit by speeding car (another car Had stopped) who is at fault?

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Jan 17, 2019
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.

Q: If no one is ruled at fault and one driver doesnt have insurance can the driver that didn't have insurance be sued?

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Jan 9, 2019
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.

Q: my truck was hit by another driver ,repairs are being made but im concerned about resale value of my truck,can i be comp

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Jan 9, 2019
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.

Q: Can I get my license back if they have started garnishing my wages?

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Jan 2, 2019
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.

Q: I am located out of state & a TN resident hit my rental car while I was in TN. His insurance company admitted liability.

3 Answers | Asked in Contracts, Car Accidents, Collections and Small Claims for Tennessee on
Answered on Dec 19, 2018
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..

Q: So I was in an accident little over a year ago the girl was texting and driving and ran a red light as I was pulling out

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Dec 18, 2018
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...

Q: I was involved in accident the guys insurance company is telling me I'm 20% at fault. He got a ticket for the accident.

3 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Tennessee on
Answered on Dec 16, 2018
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...

Q: In the state of Tennessee if I sue workers comp do I have to pay the money back and can I still get paid for lost wages,

1 Answer | Asked in Car Accidents and Workers' Compensation for Tennessee on
Answered on Nov 26, 2018
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.

Q: A homeowner cuts their grass and the grass is spread out to the roadway. This can be hazardous for a car or a motorcycle

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Sep 12, 2018
Mr. James Charles Wright's answer
I don't think so. If this were against the law- there would be a lot of law breakers.

Q: Can I get out of a careless/reckless ticket for falling asleep if I am diagnosed with sleep apnea after the accident?

1 Answer | Asked in Car Accidents and Traffic Tickets for Tennessee on
Answered on Sep 4, 2018
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.

Q: Would it be reasonable for me to find a lawyer and file a lawsuit regarding a car crash in Tennessee?

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Aug 29, 2018
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...

Q: left the scene of the crime, later turned myself in. Was charged with not reporting an accident immediately?

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Aug 20, 2018
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.

Q: auto accident today.driving co.vehicle no proof of ins in vehicle ,am i responsible?

2 Answers | Asked in Car Accidents for Tennessee on
Answered on Aug 3, 2018
Mr. James Charles Wright's answer
Your company likely has insurance that will handle the claim. Make sure to communicate with your supervisor, employer.

Q: I bumped and dented a "illegally" parked car. Car had no permit to park on private property, also in a non parking space

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Aug 1, 2018
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.

Q: While turning into my home, my car was hit and totaled by someone who was drag racing. Why was I given the ticket?

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Jul 18, 2018
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.

Q: What if he is charged with leaving the scene with no injury involved and he gave the person his info

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Jul 16, 2018
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.

Q: I bumped and dented a "illegally" parked car. Whos @ fault?

2 Answers | Asked in Car Accidents for Tennessee on
Answered on Jul 16, 2018
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.

Q: I am going to count 9& 10 of July one FTA and other DUI 3rd suffer from ptsd emotional abuse and physical abuse

1 Answer | Asked in Criminal Law, DUI / DWI, Car Accidents and Medical Malpractice for Tennessee on
Answered on Jul 6, 2018
Mr. Kent Thomas Jones Esq.'s answer
I don't think your case sounds very promissing. I would suggest that you contact local counsel and explain your issues to him/her.

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