Auto Accidents

Court Discusses Requirements for Pursuing Uninsured Motorist Claims in Tennessee

May 3, 2019 | Eric Beasley

The law affords parties injured in car accidents the right to pursue claims against anyone that may be liable for their damages. Even if the injured party does not know the identity of the driver that caused the accident, any action to recover damages must be filed in the proper time and manner, to avoid waiving the right to recover. This was illustrated in a recent case ruled upon by the Court of Appeals of Tennessee, in which the plaintiff’s case was dismissed due to the failure to join an essential party and the failure to file the lawsuit within the time required by the statute of limitations. If you were injured in a Tennessee car accident with an unknown driver it is critical to engage a capable Tennessee car accident attorney who is proficient in pursuing uninsured motorist claims.

Facts Regarding the Accident

It is reported that the plaintiff was involved in a hit-and-run accident in November 2015. The plaintiff suffered significant injuries due to the accident and required extensive medical treatment. In July 2017, the plaintiff filed a lawsuit against the defendant, his automobile insurance carrier, seeking uninsured benefits under his policy. The defendant filed a motion to dismiss the lawsuit on the grounds that the lawsuit did not name the other driver involved in the accident or issue a summons against the other driver, as required by the Tennessee Rules of Civil Procedure. Further, the defendant argued that the plaintiff’s claims were barred by the one-year statute of limitations for pursuing personal injury claims in Tennessee. The trial court granted the defendant’s motion. The plaintiff subsequently appealed, arguing that the six-year statute of limitations for breach of contract actions applied when an insured sues his insurer for uninsured motorist benefits.

Pleading Requirements for Pursuing Uninsured Motorist Claims

On appeal, the court rejected the plaintiff’s argument and held that the one-year statute of limitations for personal injury claims governed the subject case. The court noted that the Tennessee code provides that a plaintiff who is injured in a hit-and-run accident with an unknown driver and subsequently files a lawsuit for uninsured motorist benefits must issue a John Doe warrant against the unknown driver in order to qualify for coverage under his or her policy.
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Court Explains What Commences a Lawsuit in Tennessee Car Accident Cases

April 1, 2019 | Eric Beasley

In any civil case, including lawsuits arising out of car accidents, procedural errors can be costly. While most people are aware that a lawsuit may be dismissed if it is not commenced within the statute of limitations, many people do not understand the nuances of what this truly means. This was highlighted in a recent Tennessee car accident case in which the Plaintiff’s lawsuit was dismissed as untimely, due to the fact that it was filed but not issued within the statute of limitations. If you were involved in a car accident in Tennessee and you wish to pursue damages from the responsible party, it is integral to your case to retain an attorney with ample experience litigating car accident cases.

Reportedly, in the subject case, the plaintiff sustained injuries in a car accident on January 25, 2013. The plaintiff filed a civil warrant on January 24, 2014, against the defendants, the other driver involved in the accident and his employer, in which the plaintiff alleged the defendants were negligent and therefore liable for his injuries. The warrant was filed after normal business hours. Five days later, the plaintiff was informed he owed a filing fee, which he paid. He filed an amended warrant in May 2014.

It is alleged that the case was removed to a circuit court, where the plaintiff filed a complaint in May 2017. Subsequently, the defendants filed an answer and affirmative defenses in response to the plaintiff’s complaint. One of the defenses set forth by the defendants was that the plaintiff’s claim was barred by the applicable statute of limitations. The defendants then filed a motion for judgment on the pleadings, which the court granted. The plaintiff appealed and on appeal, the appellate court affirmed the trial court decision.

Tennessee Court Explains Proof Needed to Show Loss of Earnings in Car Accident Cases

March 20, 2019 | Eric Beasley

If a person is involved in a car accident that is caused by another driver’s negligence, the person has a right to seek damages for any harm caused by the accident. While proving some damages, such as the cost to repair a car or obvious injuries such as broken bones and lacerations is a straightforward process, proving other damages requires an expert opinion.

The court of Appeals of Tennessee at Jackson recently analyzed the proof needed to establish loss of earning capacity in a Tennessee car accident case. If you were involved in a Tennessee car accident that was caused by someone else’s negligence, it is prudent to retain an experienced Tennessee car accident attorney to assist you in pursuing compensation.

Allegations Regarding the Accident and Plaintiff’s Treatment

Reportedly, the plaintiff was involved in a car accident with the defendant in January 2016. It was undisputed that the defendant caused the accident. Following the accident, the plaintiff was treated for sciatica, disc bulges, and other back issues. He eventually underwent back surgery, after which his surgeon advised the plaintiff that he should not lift objects weighing over thirty pounds or bend or twist. The doctor also stated that the plaintiff had reached his maximum improvement medically speaking.

Tennessee Court Dismisses Auto Accident Case Where Administrator for Tortfeasor’s Estate was not Properly Appointed

February 4, 2019 | Eric Beasley

Tennessee law imposes time limitations for pursuing certain claims. For example, a personal injury lawsuit has to be filed within one year of the date of an accident. In some cases, even if a plaintiff initially files a lawsuit within the statute of limitations, his or her claim may nonetheless be time barred, if he or she fails to comply with other procedural requirements.

This was illustrated in a recent case decided by the Court of Appeals of Tennessee, where the plaintiffs’ case was dismissed due to the failure to have an administrator appointed to the tortfeasor’s estate within the statute of limitations, despite filing the initial complaint in time. If you were injured in a Tennessee car accident, you should speak with an experienced car accident attorney as soon as possible to avoid waiving your right to recover damages.

Factual Scenario

Reportedly, the plaintiffs were involved in a car accident with the tortfeasor on May 11, 2015. They filed a lawsuit against the tortfeasor on March 30, 2016, which was within the one year statute of limitations for filing a personal injury action under Tennessee law. Shortly thereafter, the plaintiffs received notification from the tortfeasor’s insurance company that the tortfeasor passed away after the accident. The plaintiffs then filed an underinsured/uninsured motorist lawsuit against their own insurer, to seek benefits for the damages caused by the accident. The insurer objected, arguing that the plaintiffs had not provided proper notice.

Tennessee Court Dismisses Car Accident Case Against City Due to Improper Service of the Complaint

January 25, 2019 | Eric Beasley

While people are generally aware that there are statutory limitations that set forth deadlines for when a lawsuit must be filed, most people do not understand the full extent of what this means. For example, an injured party may think that if his or her lawsuit was filed within the statutory period provided by law, they cannot waive the right to recover. This is not true, however, as shown in a recent car accident case decided by the Court of Appeals of Tennessee.

In that case, the court found that although the lawsuit was filed within the statute of limitations, due to the injured party’s failure to comply with the procedural requirements regarding service the suit was properly dismissed. If you were involved in a Tennessee car accident, it is essential to retain an attorney with the skills and experience needed to help you establish a strong case in favor of your recovery of compensation.

Procedural Background of the Case

It is alleged that the plaintiff was involved in a car accident with the defendant police officer who was employed by the defendant city on October 21, 2014. The plaintiff filed a lawsuit on October 5, 2015, and on October 13, 2015, a city clerk accepted service of the Complaint. Subsequently, on November 30, 2015, the defendant city filed an Answer to the Complaint, arguing in part that it was not properly served with the Complaint and therefore, service was not effective. In detail, the defendant city stated that because the Complaint was not served on the Mayor or City Attorney the service was improper. In February 2017, the defendant city filed a motion for summary judgment setting forth the same argument. The court granted the motion, and the plaintiff appealed.

Tennessee Court Dismisses Car Case Filed Outside of the Statute of Limitations

December 19, 2018 | Eric Beasley

There are several elements that must be met to successfully recover damages in a personal injury case. One factor that is very important but seldom considered by injured parties is the procedural requirements for filing a lawsuit. The United States District Court for the Eastern District of Tennessee recently dismissed a case due to the plaintiff’s failure to file her lawsuit within the time required under the applicable statute of limitations. If you suffered harm in a Tennessee car accident, it is important to retain an experienced attorney who is mindful of the procedural requirements imposed by the law.

Procedural Background

Reportedly, the plaintiffs, a mother and daughter, who live in Virginia, were driving in Tennessee when they were involved in a motor vehicle collision with the defendant driver, a resident of Florida. The defendant driver was engaged in the course of his employment with an Alabama based employer. The plaintiffs filed a lawsuit seeking damages for their injuries in a district court in Alabama, on the basis of diversity jurisdiction. The defendants filed a motion to dismiss, or in the alternative to transfer, the case to the Eastern District Court of Tennessee, which is the court for the district where the accident occurred. The court granted the motion to transfer the case. The defendants then filed a motion to dismiss, arguing the one-year statute of limitations for filing personal injury claims in Tennessee precluded the plaintiffs’ claim.

Tennessee Court Clarifies Standard for Admitting an Expert Report

November 27, 2018 | Eric Beasley

Under federal law, for an expert report to be admissible the party introducing the report must show the expert witness is qualified, the report sets forth an opinion relevant to determining an issue of fact, and the testimony is reliable. The United States District Court for the Western District of Tennessee recently explained that a district court evaluating whether an expert report should be admitted is not required to analyze whether the report is correct, but only if the report is supported by a reliable foundation. If you were the victim in a Tennessee car accident, it is in your best interest to retain a knowledgeable car accident attorney to discuss the circumstances surrounding the accident and develop a plan to assist you in recovering damages.

Factual Scenario

Allegedly, the plaintiff and the defendant driver were involved in a car accident. The plaintiff alleged that the defendant driver, a truck driver, was negligent and that his employer should be held vicariously liable for her injuries. In response, the defendant alleged that the plaintiff caused the accident. The defendants served the plaintiff with expert disclosures as required by Federal law. The defendants’ expert reviewed photographs, video footage, and analyzed the specifications of the plaintiff’s vehicle, a reconstruction program and his own experience in determining that the plaintiff caused the accident by driving into the path of the defendant driver and that the collision was minor. The plaintiff moved to preclude the expert and his report, arguing that the report was contrary to the photographs of the accident and the physical evidence. The plaintiff also argued the report alleged negligent behavior on behalf of the defendant driver, not the plaintiff.

Tennessee District Court Holds That Boilerplate Language in an Incident Report is Insufficient to Provide Defendant Notice to Retain Records

October 25, 2018 | Eric Beasley

Under Federal and State laws regulating motor carriers, tractor-trailer drivers are required to keep logs of their driving times. If you were involved in a car accident with a tractor-trailer, the logs may be important evidence in proving the tractor trailer’s driver was negligent. While the employers of tractor-trailer drivers involved in collisions have a duty to produce any logs in a lawsuit arising out of the collision, it may not always be clear when it is necessary to retain records. The United States District Court for the Western District of Tennessee recently held that boilerplate language in an incident report was not sufficient to place the employer on notice that it needed to retain records. If you are involved in an accident with a tractor-trailer you should confer with an experienced Tennessee personal injury attorney as soon as possible, to ensure any evidence that is helpful to your case is not lost.

Facts of the Case

It is alleged that the plaintiff and a defendant tractor-trailer driver were involved in a collision in October 2016. Plaintiff sued defendant driver for negligence and defendant’s employer for vicarious liability. In June 2017, plaintiff sent defendants correspondence in which she requested that defendants preserve any evidence related to the accident, and specifically asked defendants to retain any daily logs produced by the electronic logging device in the truck for the date of the accident and the six months preceding the accident. Defendants advised plaintiff they no longer had the logs due to the fact that they were automatically overwritten every six months. Plaintiff filed a motion for sanctions against defendants alleging that defendants purposefully destroyed evidence related to the accident.

Tennessee Court of Appeals Rules Medical Records Are Admissible to Prove Plaintiff’s Prior Condition

September 25, 2018 | Eric Beasley

If you were injured in a car accident, the other driver may dispute the cause and extent of your injuries. One method the other driver’s attorney may employ to attempt to diminish your injuries is to introduce medical records that indicate that your alleged injuries existed prior to the accident. While you may think it is in your best interest to preclude any medical records that are not related to treatment from injuries caused by the accident, in a recent case, the Court of Appeals of Tennessee held that a trial court erred in excluding medical records indicating a pre-existing condition at the plaintiff’s request and remanded the case for a new trial. As such, if you are involved in a Tennessee car accident, it is important to retain a knowledgeable Tennessee personal injury attorney to assess the facts of your case and assist you in gathering evidence to support the claim you suffered new injuries or that an existing injury was exacerbated due to the accident.

Facts of the Case

Plaintiff sued defendant, alleging defendant’s negligence caused a car accident that resulted in plaintiff’s injuries. The case was tried in front of a jury, who found in favor of the plaintiff and awarded her damages in the amount of $70,000.00. Defendant moved for a new trial, which the court denied. Defendant appealed. On appeal, defendant argued, in part, that the trial court erred in excluding plaintiff’s pre-accident medical records and testimony regarding plaintiff’s medical expenses. Defendant further argued that plaintiff lacked sufficient testimony to establish her injury was permanent, and justify the award of damages that arose out of permanency.

Tennessee Car Accident Resulting in Wrongful Death

August 23, 2018 | Eric Beasley

Recently, a 53-year-old man from Del Rio was killed on in a Tennessee car accident on East Highway 25/70. A trooper reported that she and other first responders had been sent to the intersection of the highway and another road shortly before 6:30 p.m. due to the 2-vehicle accident. When the trooper arrived, she learned that the man was traveling east when he tried to pass a 2013 Honda CRV that was being operated by a 59-year-old man and his 63-year-old wife, who was 63. Their vehicle was stopped in the roadway.

When the accident happened, the decedent’s front tire hit the couple’s CRV from behind causing both vehicles to move to the left of the road and roll over. The decedent hit a utility pole and came to a stop. The decedent wasn’t wearing his seat belt.

If your loved one was killed in a car accident, you may be able to recover damages by bringing a wrongful death claim. Under Tennessee Code section 20-5-106, a wrongful death is a death caused by the injuries suffered from another or by another’s killing, omission or wrongful act. Wrongful death claims are basically personal injury claims, in which the injured person has passed on and so a family member or personal representative of the decedent’s estate has the right to bring the claim.