Knoxville Car Accident Lawyer
If you have been injured in a car accident in or near Knoxville, you may be faced with many hurdles as you begin the recovery process. Out of pocket expenses may include hospital bills, physical therapy, and time off from work. To recover these losses, you may be able to bring a personal injury claim against the driver who caused the accident. Nahon, Saharovich & Trotz is the largest plaintiff’s personal injury law firm based in Tennessee, and our Knoxville car accident lawyers have represented people hurt in East Tennessee for over 30 years. NST is the way to go.Proving Liability for a Car Accident
Between 2007 and 2017, there were more than 260,000 car crashes in Knox County, Tennessee, according data compiled by the Tennessee Department of Transportation. Some of the leading causes were failure to yield to right of way and following improperly. Tennessee law requires all drivers to act reasonably under the circumstances, which includes paying proper attention to their surroundings. Drivers who breach this duty may be considered negligent.
Negligence in Tennessee is typically defined as a breach of a legal duty owed to someone else, and in the context of motor vehicles, may entail failing to drive safely or act reasonably under the circumstances. The following may constitute driver error or negligence in causing a Knoxville resident to suffer injuries in a car accident:
- Texting while driving
- Drunk driving
- Driving while fatigued
- Ignoring traffic signals
- Failing to maintain a safe lookout
- Following too closely
What am I entitled to after a car wreck, you may ask? Proving negligence is one way to recover damages in a car accident lawsuit. In addition to proving the defendant driver’s negligence, you will need to prove that you sustained damages as a result of the accident, which could include medical bills, lost wages, pain and suffering, loss of enjoyment of life, and property damage. Medical bills may be significant if you sustained a serious injury like broken bones or paralysis. You will then need to prove that your losses were caused by the defendant’s negligence, or breach of the duty to drive safely. Our Knoxville attorneys can guide car accident victims through each step of the legal process. We are equipped to serve those injured throughout Knox County and surrounding areas, including Farragut, Maryville, Morristown, Oak Ridge, Sevierville, Alcoa, and Clinton.
What happens if the parties give conflicting statements to police about how the accident occurred? The other driver’s insurance company will likely strongly contest the injury claim you are making. Under the theory of comparative negligence, your damages may be reduced by the percentage of which you are found to have contributed to the accident. Tennessee follows the rule of modified comparative negligence, which means a victim may be barred from recovering damages if his or her fault is found to be 50% or greater.
For example, if an accident occurs at a four-way stop and both drivers claim they had the right of way, the officer might not issue a citation at the scene. To prove the other driver’s fault, witness statements may be helpful. If there were no witnesses to the crash, an accident reconstruction expert may be retained, depending on the circumstances. These experts can visit the accident scene, inspect the vehicles, and recreate the crash to help determine what exactly happened.
Unfortunately, Knoxville has witnessed dozens of fatal car accidents in recent years. In 2014, for example, there were 29 fatal accidents in the city, involving 52 vehicles and 100 people. This represented a drop from 38 accidents in 2013, but it is still higher than the state average. Drunk driving was not as significant an issue as in other recent years, but seven pedestrians lost their lives to careless drivers. Several of these accidents occurred on I-40, I-140, and I-275, but fatal crashes also occurred on ordinary streets like Martin Luther King, Jr. Avenue, Clyde Street, Murray Drive, and Ferd Hickey Road. In one particularly lethal accident on December 2, 2014, three people lost their lives at the junction of US-11 and US-25.Knoxville Car Accident FAQs
What is my car accident case worth in Knoxville?
When it comes to car accidents in Knoxville, attorneys will tell you that every case is different. What a case is worth can depend on multiple factors. Some of the most important factors that affect the value of a motor vehicle accident case are your injuries, medical bills, and the type of medical treatment you receive. The facts of an accident can also come into play. For example, if you were hit by a drunk driver on Cumberland Avenue, a jury could view the defendant’s conduct of driving while intoxicated harshly and award you additional damages. Regardless of how your wreck happened, you should consult with a car accident lawyer in Knoxville who can conduct a full investigation and identify all you may be able to recover under the law.
How long do I have to file a car accident claim in Tennessee?
In Tennessee, the statute of limitation for a car accident case is generally one year from the date of the accident. For minors, the statute of limitation can expire one year after reaching the age of majority. You should consult with a Knoxville lawyer as soon after an accident as possible, as it will be important to identify all potentially responsible parties. For example, if you were hit by a corporate vehicle, the employer may be held responsible through the legal theory of vicarious liability. If the defendant was driving for Uber, you must prove the driver was in the course and scope of employment. In any case, it is critical to identify all parties that may potentially be at fault.
After a car accident in Knoxville, what do I need to prove to succeed?
To succeed in a car accident case in Knoxville, you will need to prove the other driver’s negligence. Negligence, in Tennessee, is a legal theory designed to measure whether someone acted reasonably under the circumstances. If another driver breached his or her duty to drive safely, he or she may be found negligent and liable for your damages. In Knoxville and Knox County, common examples of negligence include drunk driving, texting while driving, speeding, distracted driving, and failing to maintain a safe lookout. Sources of independent evidence, including witness statements, can go a long way towards satisfying your burden of proving negligence.
If you have been hurt in a motor vehicle crash in Knoxville, the attorneys at Nahon, Saharovich & Trotz are ready to assist you. We can be reached 24/7 to discuss your case, and we are available to meet with you at a location of your choice. We have over 30 attorneys and more than 100 staff members, giving us the resources to help pursue all damages to which our clients are legally entitled. Our firm represents injured people across Tennessee, Mississippi, Arkansas, Kentucky, and Missouri, including in Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. We also assist people who need a truck crash lawyer in or around Knoxville. Contact our office by calling 800-529-4004 or by completing our online form to set up a free consultation with a Knoxville car accident attorney. Let us show you why NST is the way to go.