If you are involved in a car accident in Memphis, Tennessee, it’s vital to understand the state’s car accident laws to safeguard your rights and guarantee that you are awarded the compensation you rightfully deserve.
Tennessee follows particular rules concerning liability, insurance, and compensation that can influence the handling of your claim. What follows is a brief outline of the essentials that you should know when it comes to Memphis car accident laws: What you should know.
Tennessee Is a Fault-Based State
Tennessee uses a “fault” system for car accidents. When a crash occurs, it is the driver at fault who is also responsible for paying for any damages. If you’re involved in a car accident in Tennessee, your main ways of getting compensation break down like this:
- You file a claim with your own insurance company (assuming you have the appropriate coverage).
- You file a claim with the at-fault driver’s insurance company.
- You file a suit against the at-fault driver in civil court.
Comparative Fault Rule
Tennessee uses a modified comparative fault rule. This means that when a person is partly at fault for an accident, their compensation will be reduced by the part of the fault they had. For instance, if someone were found to be 20% at fault for an accident and the amount of damages were $10,000, that person would receive $8,000 as compensation.
They would not be allowed to get the original full amount of $10,000 because they were found to be partly at fault. Tennessee disallows compensation for persons who are 50% responsible or more.
Statute of Limitations
In Tennessee, the law allows a maximum of one year from the time of the incident to file a personal injury lawsuit. Memphis car accident laws: What you should know – related to that, if the claim is for property damage, the time limit is three years. If either of these time limits is exceeded, the right to file such a lawsuit may be lost.
What to Do After a Car Accident in Memphis
Should you find yourself in a car accident in Memphis, follow these directions:
- Make sure you and anyone else involved are not hurt. If there are injuries, call 911 for help.
- Talk to the police and make sure they understand the story you are telling. Get a copy of their report.
- Take picture from as many different angles as you can.
- Even if you look and feel fine, get a check-up from a medical professional.
- Talk to your insurance company ASAP. However, you should consult with an attorney before speaking with the insurance company of any other involved party.
Learn More About Memphis Car Accident Laws: What You Should Know
Memphis car accident laws, and how they govern the claims process, are not inherently understood by most people. Yet understanding them is key to knowing the reasons why (good or bad) some claims succeed and others fail. These failures are not always due to a weak case or a lack of evidence.
Sometimes it is simply because the victim doesn’t fully comprehend the legal aspects of their situation, or how to perform basic legal functions such as filing briefings, calculating damages, and negotiating with the plaintiffs’ insurance provider. This is where having a season legal professional is invaluable.
