Car Accident Attorney in Gallatin, TN
Car accidents can be devastating. From navigating injuries to recovering financially or even mourning the loss of a loved one, there are many variables that you will need to navigate. When they happen, it can often leave you with more questions than answers. The biggest answer you may be seeking is determining who is responsible for the sudden interruption to your life. With the help of a Gallatin car accident lawyer, you can get the answers you deserve
Hire a Car Accident Lawyer
At Phillips|Ralston, our team is dedicated to helping our clients pursue their right to compensation they may be entitled to. We understand how impactful the loss of income, the medical expenses, and even the loss of a loved one can be. We help guide our clients through the legal system with confidence, so they focus on recovery instead of worrying about what to do next. Our team can help you find the answers you need.
Experience You Can Trust. Speak with a Phillips | Ralston
attorney today.
Tennessee Personal Injury Law
Tennessee is known as an at-fault state in which the negligent driver who caused the accident is liable for any economic or non-economic damages. A person has a duty to operate their vehicle in a safe manner as any reasonably prudent person would. This is the legal standard of care.
Negligence occurs when a driver does not act as a reasonably prudent person, placing undue risks on other drivers or pedestrians. Negligence is accidental and involves carelessness, such as distracted or drunk driving. It also includes a failure to act, such as not stopping at the scene as required by Tennessee law.
Negligence has four components that include:
- A legal duty of care owed to the injured person
- Breach of duty
- Breach caused proximate, and in fact, harm
- Damages resulted due to a breach of duty
An at-fault driver is responsible, or liable, for an accident if one can prove by a preponderance of evidence that he or she acted negligently.
Preponderance of evidence is a lower legal standard when compared to proof beyond a reasonable doubt. You only need to prove that negligence occurred more likely than not or with most certainty.
Modified Comparative Fault
In 1992, Tennessee’s Supreme Court adopted a system of recovery for damages known as modified comparative fault. If the driver injured in the accident was less than 50% at fault, as compared to the negligent at-fault driver, they may recover damages in their car accident case. However, compensation will be reduced in proportion to how much they are at fault.
Auto Insurance in Tennessee
Under Tennessee’s Financial Responsibility Law, unless you qualify for an exemption, you are required to obtain an auto liability insurance policy. Failure to obtain coverage may result in fines or the loss of your vehicle. At a minimum, you are required to have the following coverage:
- $25,000 to cover each injury or accidental death in each accident
- $50,000 those suffering a total injury or death per accident
- $25,000 for any property damage occurring per accident
In 2023, the National Highway Traffic Safety Administration (NHTSA) reported over 6 million motor-vehicle crashes. There were over 2 million injuries, over 40,000 deaths, and an estimated $513.8 billion dollars in total motor-vehicle injury costs.
In an analysis of NHTSA data, Memphis, Tennessee, ranked No.1 for the third year in a row for the worst drivers in the U.S., with 38.79 deaths per 100,000 residents, triple the national average. Memphis also ranked second-worst in the nation for pedestrian deaths. These are startling statistics.
One misstep in your car accident case could lead to a lifetime of losses. Phillips|Ralston understands all the individual nuances of each case and can guide you to a successful resolution.
FAQs
How Much Money Can I Obtain if I Have Been in an Accident in Tennessee?
There are many variables that exist in determining the value of a car accident case. The Tennessee Supreme Court has placed a $750,000 single cap for noneconomic damages with an increase to $1,000,000 for catastrophic injuries. Non-economic damages include pain and suffering and loss of consortium. Economic damages or monetary damages are not capped.
Is it Worth Getting a Lawyer After an Accident?
It is imperative to hire a lawyer due to the complicated nature of these cases. In Tennessee, a personal injury claim because of an auto accident must be filed within one year. Negligence must be established, and evidence must be collected, such as police reports, medical, employment, and financial records. Your attorney compiles and evaluates all this evidence and determines the next steps in your car accident case.
What Type of Information Should I Provide to My Attorney?
It is important to share all the facts of the case with your attorney to pursue the outcome you are seeking. This includes any expenses such as medical bills, funeral costs, and wage loss documentation. It is important to document your emotional suffering, too. Your accident may have affected your relationship with your partner and family, your ability to socialize, and your ability to participate in the hobbies you once enjoyed.
What Are the Chances of a Successful Car Accident Lawsuit?
Most car accident cases settle out of court. According to the Tennessee Bar Association, only 2.44% of cases resulted in a trial in 2023-2024. A personal injury attorney describes a successful settlement in terms of recovery of full economic and non-economic damages with the goal of making the injured person as close to whole as their pre-accident status.
Gallatin Car Accident Lawyer
While you pick up the pieces after an auto accident, trust the team at Phillips|Ralston. We have the knowledge and experience you can count on to challenge insurance companies and hold the party responsible accountable. Whether you were in an accident with an individual, or you were in accident with a commercial vehicle, we’ll help you pursue the compensation you may be entitled to. Contact us today and let our team help you take the next steps.
