At the start of any lawsuit, a plaintiff must file an initial complaint, detailing the reasons why he or she is suing. In order to weed out frivolous or unsupported lawsuits that will only bog down the court system, plaintiffs must plead their claims with sufficient specificity and facts so…
As anyone who has rented a rental car knows, figuring out who would be responsible for providing insurance coverage in the event of an accident can be very tricky. Most drivers will already be insured under their own private automobile insurance policies, but it can be unclear whether those policies…
In most situations, an individual can only be responsible for his or her own negligent actions. However, under certain principles known as “agency” laws, individuals or entities who are the employers, bosses, or superiors of another person may sometimes be responsible for the actions of their agent. Principals may be responsible…
When a plaintiff brings a claim in an auto accident or personal injury case, he or she generally bears the responsibility of proving by a preponderance of the evidence that the actions of the defendant fell below a standard of care and contributed to his or her injuries. A failure to…
Tennessee is a modified comparative fault state. This means that when considering claims of negligence or personal injury, jurors or the court must look at the percentage of fault attributable to each party when determining liability. For instance, if a patron of a restaurant is slightly drunk and trips stepping…
When an employee causes an injury to another person while acting within the scope of his or her employment, many times an employer can also be held liable for such injuries under the idea of vicarious liability. Thus, when a bus driver is in an accident while performing the duties of his…
As discussed on this blog, private individuals are frequently the subject of negligence and wrongful death lawsuits for automobile accidents that resulted in injuries to others or lost lives. But it is not always private individuals or private automobiles that are the cause of deadly car crashes. In many instances,…
In an effort to reduce driving fatalities in Tennessee, lawmakers have long advocated for seat belt laws and requirements for adult drivers and passengers. For younger passengers, however, seat belt laws often are not enough. Babies, toddlers, and even young children do not receive the same protection from seat belts…
Tennessee is one of a significant number of states that currently have a mandatory motorcycle helmet law. This law requires that all drivers and passengers of motorcycles wear a helmet while the motorcycle is in operation, for their own safety and the safety of others. The law, Section 55-9-302 of…
We have all experienced the sudden sound of sirens in the distance and the quickly approaching flashing lights that signal an emergency vehicle making its way to an urgent situation. We are all no doubt familiar with the laws that require us to pull over to the side of the road…