Memphis Personal Injury Law Blog

What are my options for recovering damages following an accident?

If you are injured in an accident in Tennessee, the last thing you want to think about is dealing with the insurance company, yours or anyone else’s. However, it is crucial to get the ball rolling as quickly as possible with any and all insurance carriers who may have a stake in the accident, so you can assess your options for recovering damages. 

According to FindLaw, the driver who caused the accident is also responsible for damages. If you are at fault, you need to file a claim with your insurer. If a third party is at fault, you can file a claim with his or her insurer. Or, you can still file with your own company, which will then attempt to recover the claim amount from the other driver’s insurer.

The most common dangers of motorcycling

This winter season may be a long one, but motorcycle enthusiasts across Tennessee are eagerly awaiting fresh spring air and long, open roads. Even though the pure joy of riding outweighs the risks, many riders have faced tough times after an accident. Fortunately, state law protects motorcyclists from distracted and dangerous drivers, but there are other hazards to watch out for.

One common misconception surrounding motorcyle riding is that the hobby primarily concerns risk-taking and irresponsible driving; however, a large number of fatal accidents are at the hands of motorists who are simply oblivious to their surroundings. Motorcycle enthusiast resource RideApart recognizes the inherent dangers of motorcycle riding, but also highlights other common safety hazards: 

  • Distracted drivers
  • Gravel in blind corners
  • Cars changing lanes
  • Slippery terrain
  • Alcohol and drugs

Tennessee works to minimize drunk driving

Drunk driving has been a problem since the automobile has been invented. For many years, the legislatures of states throughout the country have focused most of their efforts on lowering the legal blood-alcohol limit and increasing penalties. Although these efforts are laudable, they haven’t been particularly effective, as drunk driving continues to destroy lives every year in the United States.

It seems that Tennessee might have stumbled onto a better way. The state has approved a new bill that could do much more to prevent drunk driving accidents than anything the state has attempted yet.

Trucker regulations focus on fatigue

As you likely know, commercial truckers often spend many long and lonely hours behind the wheels of their big rigs. This fact may put many innocent residents in Tennessee at risk when they encounter these tired truckers on the road. Whether as drivers themselves, passengers, pedestrians, bicyclists or motorcylists, every person deserves to know that commercially licensed drivers are operating their vehicles safely.

The Federal Motor Carrier Safety Administration has updated its rules regarding truck driver's breaks and the length of time that a trucker may work in a single day or in a single work week. The goal of these regulations is to improve safety on the road for all persons. Limits have been placed that are designed to prevent the extreme fatigue most likely to contribute to accidents.

Does Autopilot Absolve Someone From Drunk Driving?

These seem to be everywhere: Advertisements, online reports, news stories and blogs all about the developing automated vehicle technology. Some of the new technology is simple driving assistance, and other manufacturers are already going to full automated driving: "Autopilot."

But what happens when the car makes a mistake? Especially when the person driving is drunk, it raises serious questions about the safety of the technology and the legal ramifications of automated vehicles. Specifically, who is responsible if a drunk driver gets into an accident while his or her car is on autopilot?

Tennessee's changing school bus laws: are they enough?

After the horrific Chattanooga school bus crash that claimed the lives of six children in 2016, there has been much debate over school bus safety statewide. Countless parents and lawmakers alike have begun to question whether bus drivers have taken proper safety measures while on the job in the past. Fortunately, Tennessee laws have changed since this tragic accident. Yet are those changes big enough to make a difference?  

Although accidents such as the 2016 crash are irreversible, lawmakers have worked to make transportation safer for all future bus riders. The Tennessean shared last month that, as of January, school bus drivers in the state must be at least 25 years old. The changes were a direct reaction to the Chattanooga crash, in which the driver had been speeding and texting. In addition to the updated age requirement for employment, school bus drivers must complete safety training and have five consecutive years of driving under their belts. School districts and charter school transportation supervisors must also appoint new drivers. Most Tennessee residents see these steps as advancements in safety, but some see the system as falling short when it failed to make changes regarding seat belt requirements.

Tennessee's bicycling safety practices and the law

As some cities in Tennessee continue to see major population booms, bicyclists from near and far are drawn to the state's pristine valleys and majestic mountain views. Cycling is certainly a healthy choice of exercise, as well as a cheaper option than driving to work or school. Yet does the congestion of city traffic and placing trust in distracted drivers make this choice in exercise a safe one? 

State law protects cyclists from potential dangers on any public road; nevertheless, bike enthusiasts from all over the nation deal with road risks from negligent drivers. The Tennessee Highway Safety Office provides an accessible brochure containing the state's bicycling and pedestrian safety laws, noting that, above all else, bicycles are vehicles. Therefore, motorists should always use caution when driving to allow cyclists the space they need. When passing, state law requires drivers to maintain a 3-foot distance between themselves and the cyclist. The THSO also urges drivers to refrain from honking, moving abruptly and to always check blind spots carefully. 

Reviewing Tennessee's hand signal laws

As a motorcyclist in Shelby, you know full well just how difficult it can be to share the road with other vehicles. Like many of those that we here at The Gold Law Firm have assisted in the past, your difficulties may not be due to your own driving tendencies, but rather those of other motorists. Drivers sometimes tend to overlook motorcyclists and not respect their place on the road. When accidents involving such drivers do happen, they often tend to deflect the blame on to the motorcyclists, claiming that they were recklessly weaving in and out of traffic without warning. You should be prepared to counter such a claim. 

How can you do this? By giving a clear indication of your intentions whenever you are traveling on your bike. A good way to do this is to use hand signals. While your motorcycle may be equipped with blinkers, using hand signals to indicate a lane change or turn removes any doubt as to what you are intending to do. Section 55-8-143 of the Tennessee Code outlines the proper use of hand signals on the road. They should be given 50 feet prior to your making a turn or lane change, as well as when you are entering the flow of traffic from a curb or the side of the road. 

Auto Accident Claims: An aggressive approach is the only approach

Too many people do not maximize their chances for compensation after auto accidents. Some people underestimate the seriousness of their injuries and others are uncomfortable with the idea of suing someone.

One of the most common reasons for not bringing an auto accident lawsuit is the feeling that it’s just not worth the time and effort. With the significant caps on injury claims over the years, many people don’t want to risk it. But times are changing. There has never been a better time to seek compensation for damages resulting from an auto accident.

How to minimize truck driver fatigue accidents

There is almost nothing more dangerous to drivers throughout Tennessee than truck drivers who are exhausted on the road. When a driver is so tired he or she can’t see straight or stay awake, this obviously increases the danger for everyone.

There have been many efforts over the years to minimize these dangers, from both regulatory agencies and from inside the trucking industry. One of the most important efforts has been to regulate the amount of hours drivers are on the road at a time to make sure long working hours aren’t contributing to the risk. But this isn’t good enough. There are areas that still lack oversight and danger still exists.

Injured In A Car Wreck? We Can Help!

  • Calls & Emails Returned Within 24 Hours
  • FREE Initial Consultation
Get A FREE Consultation

What Our Clients Are Saying

  • “David made a claim with my insurance company and we ended up getting $55,000.00 from both insurance companies. David got all my bills and liens reduced and I was able to put about $20,000.00 in the bank after my bills were paid.” Julie J. in Memphis

  • Tennessee Bar Association
  • Memphis Bar Association
  • BBB Accredited Business | BBB Rating: A+
  • Avvo Client Choice 2015
  • Martindale Hubbell | PEER RATED | For Ethical Standards and Legal Ability | 2017
  • David Alan GoldReviewsout of 18 reviews

Don’t Wait. Get A Free Consultation Now. Submit the form and we’ll get back to you as soon as possible to schedule your consultation.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Back to Top