Chattanooga Personal Injury Attorneys

Can You Sue an At-Fault Driver?

Can You Sue an At-Fault Driver?

What Tennessee Drivers Need to Know about Fault Laws for Car Accidents

In short, the answer is yes. If you are injured by a driver who doesn’t have auto insurance, or doesn’t have enough insurance to cover your damages, you can sue them. But keep in mind that individuals who don’t have car insurance may not have the financial means to pay out of pocket for your damages.

In Tennessee, all drivers are legally required to carry a minimum amount of liability auto insurance. According to the TN Department of Motor Vehicles (DMV), current minimum coverage amounts are as follows:

  • $25,000 in an accident where one person is injured; $50,000 in an accident where two or more people are injured; and $15,000 in an accident that only involves property damage.
  • $50,000 in an accident where two or more people are injured; and
  • $15,000 in an accident that only involves property damage.

The required amounts above are state minimums, but you have the option to purchase additional coverage, including collision and uninsured motorist coverage. If you are involved in an accident with an uninsured or underinsured driver, having this type of insurance will allow you to obtain compensation to cover your injuries and other damages. If you can afford to add uninsured motorist coverage to your policy, it’s a good idea to do so.

But even if the at-fault driver has excellent insurance, don’t make the mistake of trying to represent yourself after an auto accident. Insurance companies are notorious for offering low settlements to car accident victims, taking full advantage of their vulnerable state. This is particularly true of victims who come to the table without legal representation. A skilled Tennessee auto accident attorney can protect your rights and help you determine how to proceed if you’ve been injured in an auto accident.

Can You Sue If You Were Partially at Fault?

In addition to being a fault state, TN is a “modified comparative negligence” state, which means that both drivers may share blame for the accident, and any recovery will depend on the percentage of fault. As long as you were less than 50 percent responsible for the accident, you can recover damages. However, if you were partially responsible, your damage award will be reduced by the percentage of fault.

Let’s say that you were 20 percent responsible for an injury collision, and your total damages are calculated at $25,000. In this scenario, you will receive $20,000, which is the total damages minus 20 percent ($5,000). This is significant, because if you happened to live in a “contributory negligence” state, you wouldn’t be able to sue the other driver if you were even one percent responsible for the accident.

All that being said, never admit fault for an accident before speaking with an experienced TN car crash lawyer. For starters, without deep knowledge of the law, it’s impossible to know whether you were, in fact, at fault, and to what extent. Furthermore, even seemingly innocent statements such as, “I’m so sorry, the sun was in my eyes,” can be used against you in a personal injury claim or lawsuit. The best thing to do after an auto accident is to say as little as possible until you’ve had a chance to speak with your lawyer.

Contact a TN Car Accident Attorney

If you have been injured in a car accident due to another’s negligence, the skilled legal team at Dennis and King can help. Our highly-knowledgeable, compassionate injury lawyers have helped countless car accident victims. Don’t go through this stressful situation without the help of skilled legal counsel. Contact Dennis and King today for a free and confidential consultation about your case.

By |2022-03-14T19:34:33-04:00February 8th, 2022|Accidents|0 Comments
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Your Rights After A Serious Car Accident

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Personal injury 

In almost all personal injury claims, insurance companies will offer you significantly less than what you deserve. It’s tempting to accept the first offer, especially if you are in a great deal of pain and unable to return to work. But if you’ve already taken a devalued settlement from the insurance company and your medical bills start to pile up, there’s little legal recourse to ask for more. That’s why it’s crucial to involve a Chattanooga personal injury lawyer before you even file a claim.

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Car Accidents

Chattanooga car accident lawyers Tricia Dennis and Russell King have recovered millions of dollars in Georgia and Tennessee for car and motor vehicle accident victims like you.  If you or a loved one has been injured and need help with your medical bills, then you have come to the right place.   Auto accident victims and their family members in East Tennessee and North Georgia can confidently rely on the experienced auto accident attorneys at Dennis and King. We are the law firm that has compassionately, yet effectively, helped victims and their loved ones navigate the aftermath of difficult situations.

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Trucking Accidents

Truck accidents in the United States are on the rise. Recent statistics show that almost 150,000 people are injured in truck accidents each year, and 6,000 people are killed. The regional area of Georgia and Tennessee is a crossroads and a center for car manufacturing, river traffic, and other industries. Large trucks, semi-trucks, 18-wheelers, and other commercial vehicles are constantly on the road. This has a downside as frequent truck accidents occur on I-75, I-24, I-59, Highway 153, U.S. 27, Amnicola Highway, Corridor J, and other roadways. If you or a loved one has been injured in a Georgia or Tennessee truck accident, you may be eligible for substantial compensation.

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Motorcycle Accidents

Experienced Chattanooga motorcycle accident lawyers Tricia Dennis and Russell King are avid fans of motorcycles, but they also realize how serious motorcycle accidents can be. With over 75 years of combined experience, Dennis and King Injury Law knows the legal process to achieve fair compensation for motorcycle crash victims. Contact one of our lawyers today to learn more about how to start your motorcycle accident claim.

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ATV Accidents

Under both Tennessee and Georgia law, ATVs are not authorized for use on paved road, but children continue to bring ATVs on to our roads and highways. Georgia and Tennessee laws also prohibit the carrying of passengers on most ATVs, require children below the age of 16 to take approved ATV training courses, and require kids younger than 16 to wear helmets, eye protection, and over-the-ankle boots when operating ATVs. However, these requirements apply only when ATVs are operated on public lands, leaving kids essentially without protection when riding ATVs on private property.

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Bicycle Accidents

The most tragic type of bicycle crash is a bike-car collision. Cyclists are completely defenseless traveling on 30-pound bikes when they’re surrounded by 3,000-pound cars and trucks racing by them. Pedestrians, defective bike parts, recalled bike helmets, and other ineffective bicycle safety equipment can also cause bicycle accidents. Bike accidents can result in wrongful death or serious injuries such as broken bones, amputation, traumatic brain injury, neck, back, and spinal cord injuries.

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Boating Accidents

One of three factors usually cause boat accidents: an inexperienced boater, an intoxicated operator, or a boat malfunction. More than a third of both fatal and non-fatal boat accidents are alcohol-related. It is estimated that boat operators with a blood alcohol content of .10 or higher are 10 times more likely to be injured or killed in a boat accident than sober operators.

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Nursing Home Abuse

No one ever expects a family member or friend to be the victim of abuse or neglect in a nursing home. However, abuse and neglect do occur every day and in many ways.

Dennis and King are Chattanooga nursing home abuse attorneys who will fight to recover all that you and your loved one deserve. With our experience in nursing home negligence matters, we thoroughly and carefully assess each individual case. We prepare each case for either settlement or trial in order to obtain compensation for injury, medical expenses, and pain and suffering. We help victims and their families hold these facilities accountable.

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Premises Liability

Premises liability is a vital facet of personal injury law, placing responsibility on property owners for maintaining a safe environment. When accidents occur due to negligence or hazardous conditions on someone’s property, victims have the right to seek compensation. This encompasses incidents like slip and falls or inadequate security leading to assaults. Dennis and King excel in handling these complex cases, tirelessly pursuing justice for our clients.

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Free Strategy Session

During your initial strategy session, we will assist you in creating a strategy in how to best pursue your claim, whether it be the result of a car accident claim, 18 wheeler injury, or, other kind of personal injury claim.

There are 5 points to your free claim strategy session:

  • First, we will listen to your story. You will have a chance to tell everything to someone who wants to hear what happened to you.
  • Based on the information you provide, we will give you our best advice on both what claims you have and the next steps you should consider to go forward with your claim.
  • If you claim is something that we think we can help you with, we will explain the services that we can provide for you, and what the next steps are that we should take. We will start working immediately.
  • If your matter is something that we do not think we can help you with, then we will attempt to put you in contact with another lawyer that might be able to help you.
  • Either way, what should happen is we will put to rest some of the unknowns that you may be experiencing. We will start to shed light on what you can expect and how to best pursue the benefits you deserve.