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Tennessee Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Tennessee on
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

Of a private drive the police said since I didn't have insurance and because I was pulling out of a private drive I was automatically at fault and I am now being sued for the damages the company suing me said that I have agreed to pay the amount when I never knew they were going to sue me

Mr. James Charles Wright
Mr. James Charles Wright
answered on Dec 18, 2018

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... View More

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

He was ticketed for straddling lanes and improper lane change. I'm I responsible for getting my vehicle repaired as I'm being given the run around by his insurance company. I was also told I'd be responsible for 20% of a rental or cab fees.

Peter N. Munsing
Peter N. Munsing
answered on Dec 16, 2018

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

Can I still get paid for lost wages,pain,and suffering from my job.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Nov 26, 2018

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... View More

1 Answer | Asked in Car Accidents for Tennessee on
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

Is this legal to allow grass clippings to be spread on a roadway by a homeowner?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 12, 2018

I don't think so. If this were against the law- there would be a lot of law breakers.

1 Answer | Asked in Car Accidents and Traffic Tickets for Tennessee on
Q: Can I get out of a careless/reckless ticket for falling asleep if I am diagnosed with sleep apnea after the accident?

I was driving a commercial vehicle, struck a guardrail and debris struck another vehicle but there were no injuries.

Peter N. Munsing
Peter N. Munsing
answered on Sep 4, 2018

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.

1 Answer | Asked in Car Accidents for Tennessee on
Q: Would it be reasonable for me to find a lawyer and file a lawsuit regarding a car crash in Tennessee?

On Sunday, August 26th, I was involved in a serious car crash. This crash involved a driver in a company owned vehicle, he crossed the median into my lane in which he hit the first driver head on in our lane, then hit me head on. We all went to the Emergency Room. In the official police report, it... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Aug 29, 2018

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... View More

1 Answer | Asked in Car Accidents for Tennessee on
Q: left the scene of the crime, later turned myself in. Was charged with not reporting an accident immediately?

I merged over into a semi trucks wheel, he didnt appear to be stopping or attempting to get off on the side of the road so I kept driving. I could see I had damage but wasnt aware how bad it was. I later turned myself in to the state trooper who handled the report. He stated there was minimal... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Aug 20, 2018

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.

2 Answers | Asked in Car Accidents for Tennessee on
Q: auto accident today.driving co.vehicle no proof of ins in vehicle ,am i responsible?
Mr. James Charles Wright
Mr. James Charles Wright
answered on Aug 3, 2018

Your company likely has insurance that will handle the claim. Make sure to communicate with your supervisor, employer.

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1 Answer | Asked in Car Accidents for Tennessee on
Q: I bumped and dented a "illegally" parked car. Car had no permit to park on private property, also in a non parking space

Person of the illegally parked car was warned numerous of times not to park there because it makes it hard 4 the legal tenants to get out of their parking space but continue to park illegally anyway

Peter N. Munsing
Peter N. Munsing
answered on Aug 1, 2018

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.

1 Answer | Asked in Car Accidents for Tennessee on
Q: Guy reversed into my car in a parking lot. Got his contact and license. called my insurance he left. Did not call police

Do i need to call police after the fact or just file a accident report with DOS

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2018

Whatever your company wants.

1 Answer | Asked in Car Accidents for Tennessee on
Q: While turning into my home, my car was hit and totaled by someone who was drag racing. Why was I given the ticket?
Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2018

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.

1 Answer | Asked in Car Accidents for Tennessee on
Q: What if he is charged with leaving the scene with no injury involved and he gave the person his info
Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 16, 2018

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.

2 Answers | Asked in Car Accidents for Tennessee on
Q: I bumped and dented a "illegally" parked car. Whos @ fault?

Car had no permit to park on private property, also in a non parking space. With posted signs warning of illegal parking

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 16, 2018

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... View More

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1 Answer | Asked in Criminal Law, DUI / DWI, Car Accidents and Medical Malpractice for Tennessee on
Q: I am going to count 9& 10 of July one FTA and other DUI 3rd suffer from ptsd emotional abuse and physical abuse

Ok so I have a messed up background I also in suing PCC for probation or I guess I fall into the lawsuit. But this begins with me having a car accident ( road rage) I slammed on my breaks this impala was like ridding my tale pulled in ground and slammed on breaks so did I all sudden (which my car... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jul 6, 2018

I don't think your case sounds very promissing. I would suggest that you contact local counsel and explain your issues to him/her.

1 Answer | Asked in Car Accidents for Tennessee on
Q: What are my rights in regards to having my car fixed after an accident?

I had an accident 6/4/18 involving the back drivers side quarter panel of my 2007 Sentra. I have full coverage through Acceptance (SR22). I got 2 estimates, 1 was over $1800 and the 2nd $1450. The ins co has given me the run around, I can't speak w my adjuster, it's someone else everytime... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 28, 2018

Their obligation is to pay for the damage. Have the body shop get with them. That way if their is a supplemental it's on them. You want to get in the middle, not good.

They may have violated state laws but right now I'm assuming you want your car fixed, etc. If someone else caused...
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1 Answer | Asked in Car Accidents for Tennessee on
Q: Who is at fault when driver has no license & is involved in an at-fault wreck... driver or vehicle owner?

Husband drove vehicle legally registered to me with a suspended license, which I didn't know about, and caused a wreck. If insurnace doesnt cover the damage on the other persons vehicle, as my vehicle had only liability, could I be held responsible? Or since he was the driver, he would be held... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 6, 2018

If the vehicle is registered - titled in your name you may be sued in your capacity as an owner. But be sure to contact your insurer. They should defend you.

1 Answer | Asked in Car Accidents for Tennessee on
Q: Am I gonna get stuck paying 2 tickets for accident? Am I gonna get points against me? How do I fight this?

Coming around curves my car made a loud bang and steering locked up. Hit signpost and ended up in ditch. Only caused damage to my car. Busted taillight lens cover and a scratch along the back fender. It was raining hard and was going 15-20 miles under the speed limit. Got 2 tickets-failure to... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 21, 2018

The points will count on your driver's license

https://www.tn.gov/safety/driver-services/reinstatements/values.html

And your insurance company will either have a point system or factor in these tickets on your driving record for premium purposes.

If you just pay the...
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1 Answer | Asked in Car Accidents for Tennessee on
Q: I was in an automobile accident in 2016. I was rear ended by a drunk driver while on my motorcycle.

I was hospitalized for about a week. My wife provided the ambulance crew our insurance information at the time of the accident because the other party's information was not known. Later I received a bill from the ambulance company again and I then provided the other party's insurance... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 4, 2018

Your lawyer that negotiated the settlement should help you with this. It sounds like something that should have been picked up at the time of the settlement. I suggest you start there. One issue is in the settlement - your lawyer should have a list of your bills; who paid or didn't pay them.... View More

2 Answers | Asked in Car Accidents for Tennessee on
Q: We were hit by uninsured driver, car totaled and I’m under about $3k. 100% his fault. What are my odds in small claims?

Guy ran a red light, hit our car and another. Police report does indicate he was completely at fault and he was ticketed. My wife and daughter are injury free so that was good. The results aren’t in yet but we are already at 20k in repairs on a car that blue books for around 22k so I don’t... View More

Bennett James Wills
Bennett James Wills
answered on May 2, 2018

You should contact your own insurance company and they can subrogate the claim. Otherwise, you could sue for damages. Without knowing more about the case no one here could tell you your odds of success. Sometimes trying to collect a judgment, should you get one, is more difficult than actually... View More

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