Car Accidents

Being involved in a car accident can be overwhelming and scary. It is not something we think about during our busy lives. But when they occur, they can be incredibly stressful, and have the potential to turn your life upside down. Here are essential steps to take following a car accident:

1. Confirm Injuries: Without question, the first step you should take after being involved in a motor vehicle accident is confirming whether you or anyone else has been injured. If so, it is imperative that you call 9-1-1. If you cannot call 9-1-1, try and acquire assistance from someone else. If you believe serious injuries are implicated, ensure that the injured person does not move. Moving can cause further injuries. Also, unless you have the proper training and experience, you should not try to provide medical attention to the injured person. That, too, can cause further injuries. Wait until emergency service personnel arrive and let them render aid. 
2. Move Vehicle: After you have checked for injuries and confirmed that everyone is “OK,” you should move your vehicle off the road and to safe location. It is not only safe for the drivers/passengers involved, but also prevents the possibility of another motor vehicle accident. Moving your vehicle after an accident (if no injuries have occurred) is also the law in Tennessee. (Tenn. Code section 55-10-117). 
3. Call 911: You should report the accident to the authorities, even if it’s a minor accident, as soon as possible. Law enforcement will take detailed statements of all parties involved, confirm important personal information, and sometimes take measurements and photographs which can be important if you eventually decide to file a lawsuit. If you believe you have been injured, tell the responding law enforcement officer what hurts and what you believe has been injured. An official report is also critical for insurance and other legal purposes.
4. Exchange Information: After you have confirmed the presence of injuries, moved your vehicle, and contacted law enforcement, you should collect contact and insurance details from all involved parties. While you will likely still be in shock in the moments immediately following an accident, you should be courteous and respectful to the other driver, even if they caused the accident. They are likely in shock as well. Getting aggressive with the other driver can increase already high tensions, and lead to further escalation and incidents. Also, while you may be inclined to apologize to the other driver, you should be cautious about making any overt statements which can be construed as you are taking responsibility for the accident. Your statements at the scene of the accident can and will be held against you in the event a claim is filed with insurance, or if you need to file a lawsuit. 
5. Document the Scene: Properly documenting the scene of the accident is critically important if you eventually need to file a claim with insurance, or file a lawsuit. Be sure to take photos of the accident scene, vehicle damages, other parties involved, and any visible injuries. Videos are also very helpful. The memories of the individuals involved in the accident will erode with time. But the photographs and videos you take will serve as critical and undeniable evidence concerning the accident, how the accident may have occurred, and the forces of impact involved in the accident. It is also important that you acquire contact information from any witnesses. Their unbiased recollection can be invaluable in the event you decide to file a lawsuit. 
6. Seek Medical Attention: Even if you feel fine, some injuries may not be immediately apparent, and you should, at a minimum, visit your primary care doctor shortly after an accident. If more serious injuries are involved, go the emergency room immediately. You should report every pain, bump, bruise, cut, etc. If there is later a dispute regarding whether you were injured in the accident, insurance companies will look at your medical records and will hold it against you if you did not promptly seek out medical attention. Making sure you properly reported your injuries can help lawyers provide you with financial compensation should you ever need to file a lawsuit.
7. Notify Your Insurance Company: Report the accident promptly to your insurer. Do not delay on this step. Provide them with all the photographs, videos, and information you have concerning the accident, as well as whether you believe you have been injured. 
8. Contact A Car Accident Attorney: Do not delay in contacting an attorney who specializes in handling car accident cases. The insurance company and at-fault driver are already building their case. The sooner you contact an attorney, like those at MJ Law, the sooner they can help you receive the compensation you deserve. 

Car accidents are caused by many different circumstances and factors. But more often than not, they are caused by someone’s negligence and failure drive defensively. Understanding the common causes of car accidents can help in prevention and determining fault. Some frequent causes of car accidents include:

• Distracted Driving: Use of mobile phones or other distractions, not paying attention to the roadway, talking to other passengers, and fiddling with the radio or navigation system are common distracted driving pitfalls. 
• Speeding: Exceeding the speed limit or driving too fast for road conditions is often a factor in car accidents. Conversely, driving too slow can also cause accidents. If you were speeding but did not cause the accident, the insurance company and at-fault driver will still use the fact that you were speeding against you. So, it is best to always drive under the speed limit. 
• Driving Under the Influence: Alcohol or drug impairment are frequently the cause of car accidents. You should never, under any circumstances, get behind the wheel, or get in a vehicle where the driver has consumed alcohol or some other intoxicating substance.
• Reckless Driving: Aggressive driving behaviors such as tailgating or changing lanes abruptly can often cause car accidents. Some drivers do not have the reflexes, vision, and speed to react to aggressive driving. Aggressive driving is essentially the opposite of defensive driving, and a common cause of motor vehicle accidents. Also, road rage can lead to aggressive and incredibly unsafe driving. 
• Weather Conditions: Rain, snow, or fog can create hazardous conditions. When driving in adverse weather, drive even further below the speed limit to accommodate for slippery roads and limited visibility. 
• Running Red Lights or Stop Signs: Ignoring traffic signals and signs is incredibly dangerous and often leads to a car accident. Be wary of intersections, even those which do not have traffic control signals as other vehicles may ignore their own traffic signals and signs. 
• Road Construction: Be extra cautious when driving on a road where construction is present. There are typically reduced speed limits applicable to construction zones. There are also likely workers and heavy equipment in the area which pose their own hazards. It is crucial that you remain extra vigilant when driving in a construction zone to avoid an accident. 

Car accidents can lead to a range of injuries, from minor to severe. Some of the injuries can heal in a matter of weeks, while others may take years and require invasive procedures like surgery to fix. Also, be aware of the fact that some injuries don’t appear right away and will not become symptomatic for several days or weeks. Victims are entitled to receive compensation for all injuries (whether, physical, emotional or mental) they receive due to someone else’s negligence. Common injuries include:

• Whiplash: Neck injuries caused by sudden movement.
• Fractures: Broken bones from the impact.
• Head/traumatic brain Injuries: Concussions or traumatic brain injuries, which can often lead to longstanding pain, suffering, and other cognitive limitations.
• Back Injuries: Damage to the spine or soft tissues. These injuries can lead to a host of other symptoms, including to the legs, hips, and feet. 
• Internal Injuries: Damage to internal organs.
• Cuts and Bruises: Superficial injuries from broken glass or blunt force impact.

Unfortunately, serious injuries are costly. Many times, even if the injured person has insurance, they will have to pay large sums for their deductible. These people also will likely have to miss time at work, which leads to lost wages, lost benefits, and other financial hardships. If you or someone you know was recently hurt in a car accident in the Davidson County, Rutherford County, Williamson County, Canon County, or Wilson County areas, it is important to contact the car accident attorneys at MJ Law today. 

Victims of car accidents may be entitled to various types of compensation. In the law, we call these “damages.” The damages which an injured person may be entitled to include the following:

• Medical Expenses: Costs for emergency care, ongoing treatment, and future treatment are all compensable.
• Lost Wages: You are entitled to receive compensation for any income you lost due to the inability to work. That also includes any future wages which you are likely to lose as well. Lost wages could include time you missed working because you were physically unable to work, time you missed to go to a doctor’s appointment, or potential raises you would have received had you not been injured in the car accident. 
• Property Damage: Repair or replacement of your vehicle and other damaged property.
• Pain and Suffering: Compensation for physical pain and emotional distress. While compensation for this type of damages is subjective, you are nevertheless absolutely entitled to receive money for these losses. If necessary, seek the help of a mental health professional. 
• Loss of Consortium: Compensation for the impact on your relationship with a spouse or family members.
• Punitive Damages: In more egregious accidents, punitive damages may also be available. Unlike compensatory damages which provide you financial compensation for your losses (e.g., medical expenses, lost wages, etc.), these types of damages are awarded to punish the defendant when they have acted intentionally or grossly negligent.  

In Tennessee, the statute of limitations (i.e., the deadline) for filing a personal injury lawsuit after a car accident is generally one year from the date of the accident. Because of that, it is crucial to contact an attorney as soon as you believe you may have suffered injuries due to another person’s negligence. Missing the statute of limitations can completely bar you from seeking compensation. There are very limited exceptions to this rule, and they are rarely applicable. It is best to always err on the side of caution if you believe you are entitled to compensation. 

Navigating the legal aftermath of a car accident can be complex, stressful, and time consuming. Insurance companies will drag their feet and delay the process of compensating you for as long as possible. These companies are enormously wealthy, and they stay in business by paying out as little as possible. Be wary of giving insurance companies recorded statements. Oftentimes a recorded statement can be used against you, as in Tennessee, if you are found to be 50% or more at fault, then you are not entitled to any damages. Also, be cautious of a quick payout, as this is likely to be a lower number than you are entitled to. An experienced attorney can help you in a number of immeasurable ways, including the following:

• Acquire critical evidence: They can collect accident reports, including photographs and physical evidence from law enforcement, take witness statements, acquire important measurements. This evidence is critical to establishing liability. 
• Provide Legal Advice: An attorney knows the law, and know what defenses can apply to any claims. Good lawyers, like those at MJ Law, also know the insurance “playbook” and the tactics they use to deny you just compensation. A lawyer can help you understand your rights and what options are available to you.
• Handle Insurance Companies: Negotiate with insurers on your behalf to ensure that you receive every cent you deserve.
• Maximize Compensation: Ensure you receive fair compensation for your losses. That includes working with trusted medical professionals and experts who can provide you with treatment you need and help calculate what losses and damages you should be entitled to.
• Prepare for Trial: A good car accident lawyer is also ready to take the case to trial should the situation call for it. Some insurance carriers and at-fault drivers refuse to negotiate in good faith. When then occurs, a trial may be the only means necessary for you to recover what you are entitled to. Lawyers can help prepare all the necessary evidence and filings for trial.