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Knoxville Auto Accident Lawyer

Have you been harmed in an auto accident caused by someone else's negligence in Knoxville, Tennessee? Contact DZ Law today to schedule a free case review. We will help you get the compensation you need.

Being in a car accident in Knoxville can be a traumatizing experience. One minute you're driving along, maybe heading to work downtown or to run errands in Turkey Creek, and the next, your life is turned upside down. Whether you're on busy thoroughfares like Kingston Pike and Chapman Highway or navigating the congested streets around the University of Tennessee campus, the risk is always there.

It's not just the physical pain and damage to your vehicle. It's the sudden stress of dealing with injuries, medical bills, insurance companies, and potentially lost income if you can't work. But you don't have to fight this battle alone. DZ Law is here to be your advocate. We're Knoxville's trusted auto accident lawyers, led by attorneys Robert Dziewulski and Ashleigh Beer-Vineyard, both of whom have been recognized as Mid-South Super Lawyers for their legal expertise and dedication to their clients.

We're dedicated to fighting for the rights of injured victims. We understand the tactics insurance companies use, and we won't let them take advantage of you. Contact DZ Law today for a free consultation, and let our Knoxville auto accident lawyers take the burden off your shoulders so you can focus on healing.

Common Causes of Auto Accidents in Tennessee

Auto accidents are an unfortunate reality on Tennessee roads, causing injuries, property damage, and financial hardship for those involved. While each accident has its unique circumstances, certain factors frequently contribute to these collisions.

Distracted Driving

Distracted driving has become a leading cause of accidents nationwide, and Tennessee is no exception. Anything that takes a driver's attention away from the road can be a distraction, including:

       Cell Phone Use: Talking, texting, or using apps on a cell phone while driving is a major hazard. Tennessee law prohibits hand-held cell phone use and texting while driving for all drivers.

       Other Electronic Devices: Using GPS devices, adjusting the radio, or interacting with other in-vehicle technology can also divert attention from the road.

       Eating and Drinking: Trying to eat or drink while driving can take hands off the wheel and eyes off the road.

       Passengers: Conversations with passengers, especially if they are animated or distracting, can pull the driver's focus away from driving.

       Grooming: Applying makeup, shaving, or other personal grooming activities while driving are dangerous distractions.

       Reaching for Objects: Trying to retrieve items from the floor, glove compartment, or back seat while driving.

 

 

Speeding

Exceeding the posted speed limit or driving too fast for conditions is a significant contributing factor in many accidents. Speeding reduces a driver's reaction time, increases stopping distances, and makes it more difficult to control the vehicle, especially when navigating curves or encountering unexpected obstacles.

This is a particular concern on Knoxville's winding roads, like those found in the Sequoyah Hills area, or on high-speed stretches of I-640.

Impaired Driving

Driving under the influence of alcohol or drugs (including prescription medications that impair driving ability) is illegal and extremely dangerous. Impairment slows reaction times, impairs judgment, and reduces coordination, significantly increasing the risk of accidents.

Reckless Driving

Aggressive and reckless driving behaviors create hazardous situations for everyone on the road. These behaviors include:

       Tailgating: Following too closely behind another vehicle.

       Weaving in and out of Traffic: Making frequent and unsafe lane changes.

       Running Red Lights or Stop Signs: Disregarding traffic signals.

       Excessive Speeding: Driving far above the posted speed limit.

       Street Racing: Engaging in illegal speed contests on public roads.

Failure to Yield

Failing to yield the right-of-way to other vehicles or pedestrians is a common cause of accidents, particularly at intersections. This can involve:

       Not stopping at red lights or stop signs.

       Making improper turns.

       Failing to yield to pedestrians in crosswalks.

       Merging unsafely into traffic.

Weather Conditions

Tennessee experiences a variety of weather conditions that can make driving more challenging. Rain, fog, snow, and ice can reduce visibility, make roads slippery, and increase stopping distances.

Drivers need to adjust their driving to these conditions by slowing down, increasing following distances, and using headlights.

 

 

Road Defects

While less common than driver error, poorly maintained roads can contribute to accidents. Potholes, uneven pavement, inadequate signage, and malfunctioning traffic signals can create hazards for drivers.

These issues can be particularly problematic in older parts of Knoxville or areas undergoing construction.

Vehicle Defects

Mechanical failures, such as tire blowouts, brake failures, or steering problems, can cause accidents. While some defects are due to manufacturing flaws, others result from inadequate vehicle maintenance.

Drowsy Driving

Driving while fatigued can be just as dangerous as driving under the influence. Drowsiness slows reaction time, impairs judgment, and can even lead to the driver falling asleep at the wheel.

Inexperienced Drivers

Teenage and other inexperienced drivers are statistically more likely to be involved in accidents due to their lack of experience, poor judgment, and increased susceptibility to distractions.

Tennessee's Comparative Fault Rule for Auto Accidents

Tennessee follows a legal doctrine known as modified comparative fault when determining liability and damages in auto accidents. This rule acknowledges that more than one party can contribute to an accident and assigns a percentage of fault to each involved party based on their degree of negligence.

It is important to understand how comparative fault works if you're involved in a car accident in Tennessee, as it directly impacts the amount of compensation you can recover.

 

 

How Modified Comparative Fault Works

In Tennessee, if you are injured in an auto accident, you can recover damages from other at-fault parties as long as your own percentage of fault is less than 50%. If your share of fault is 50% or more, you are barred from recovering any compensation.

Here's how it works in practice:

  1. Fault Determination: After an accident, the insurance companies, lawyers, or a court will investigate the circumstances and assign a percentage of fault to each driver involved. This determination is based on the evidence, including police reports, witness statements, photos, videos, and potentially expert testimony from accident reconstructionists.
  2. Damages Calculation: Your total damages are calculated. This includes economic damages like medical expenses (past and future), lost wages (past and future), property damage, and non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life.
  3. Compensation Reduction: Your total damages are then reduced by your assigned percentage of fault.

Example: Imagine you're involved in an accident where the other driver ran a red light, but you were slightly exceeding the speed limit. The court determines that your total damages are $100,000.

       Scenario 1: You are 20% at fault. The other driver is 80% at fault. You can recover 80% of your damages, which is $80,000.

       Scenario 2: You are 40% at fault. The other driver is 60% at fault. You can recover 60% of your damages, which is $60,000.

       Scenario 3: You are 50% at fault. The other driver is also 50% at fault. You are barred from recovering any damages.

       Scenario 4: You are 60% at fault. The other driver is 40% at fault. You are barred from recovering any damages.

Implications for Injury Victims

       Importance of Minimizing Your Fault: Because even a small percentage of fault can significantly reduce your compensation, it's crucial to work with an attorney who can thoroughly investigate the accident and present evidence to minimize your assigned fault.

       Insurance Company Negotiations: Insurance companies are well-versed in comparative fault and will use it to their advantage to try to minimize payouts. They may attempt to assign you a higher percentage of fault than is warranted. An experienced attorney can negotiate with the insurance company on your behalf to ensure you are treated fairly.

       Litigation: If a fair settlement cannot be reached, your attorney may need to file a lawsuit and present your case in court. The judge or jury will then determine the percentage of fault for each party.

Evidence to Determine Fault

       Police Reports: The police report often contains the officer's initial assessment of fault, although this is not always conclusive.

       Witness Statements: Eyewitness accounts can be crucial in establishing how the accident occurred and who was at fault.

       Photographs and Videos: Visual evidence of the accident scene, vehicle damage, and road conditions can be very helpful.

       Accident Reconstruction: In complex cases, accident reconstruction experts may be needed to analyze the physical evidence and provide opinions on fault.

       Traffic Laws: Evidence that a driver violated a traffic law, such as running a red light or speeding, can be strong evidence of negligence.

 

 

Statute of Limitations for Filing an Auto Accident Claim in Tennessee

In Tennessee, the statute of limitations for filing a personal injury claim arising from an auto accident is generally one year from the date of the accident. This means that you have one year to file a lawsuit against the at-fault party for injuries sustained in the crash.

This one-year deadline is crucial. If you miss it, your claim will likely be barred, and you will lose the opportunity to recover compensation for medical expenses, lost wages, pain and suffering, and other damages.

However, there are a few exceptions that can affect this deadline. For example, if the injured party is a minor, the statute of limitations is tolled (paused) until they turn 18. After that, they have an extra year to file their claim.

If the accident involves a government entity, the claims process is different and shorter deadlines may apply.

It is strongly recommended to consult with an experienced Tennessee personal injury attorney as soon as possible after an accident to understand your rights and ensure your claim is filed within the appropriate timeframe.

How Insurance Works for Auto Accidents in Knoxville

Navigating insurance after a car accident in Knoxville can be confusing. Here's a basic overview of how it works:

Tennessee's Fault System

Tennessee is a "fault" state, meaning the driver responsible for causing the accident is liable for the damages. Their insurance company is typically responsible for paying for the injuries and property damage they caused.

Liability Insurance

Tennessee requires all drivers to carry minimum liability insurance coverage:

       Bodily Injury Liability: $25,000 per person, $50,000 per accident. This covers injuries or death the insured driver causes to others.

       Property Damage Liability: $25,000 per accident. This covers damage the insured driver causes to other vehicles or property.

 

 

Filing a Claim

       With the At-Fault Driver's Insurance: If the other driver was at fault, you'll typically file a claim with their insurance company. You'll need to provide evidence to support your claim, such as the police report, medical records, and repair estimates.

       With Your Own Insurance (if applicable):

       Collision Coverage: If you have collision coverage, you can file a claim with your own insurance to repair your vehicle, regardless of fault. You'll likely have to pay a deductible.

       Uninsured/Underinsured Motorist (UM/UIM) Coverage: If the at-fault driver is uninsured or doesn't have enough insurance to cover your damages, your UM/UIM coverage may apply. This is optional coverage that you should consider adding to your policy.

       Medical Payments Coverage (MedPay): This optional coverage can help pay for medical expenses for you and your passengers, regardless of fault.

Dealing with Insurance Companies

Insurance companies are businesses focused on minimizing payouts. They may try to:

       Dispute Fault: Argue that you were partially or entirely responsible for the accident.

       Downplay Your Injuries: Minimize the severity of your injuries to reduce your compensation.

       Offer a Low Settlement: Pressure you to accept a quick settlement that is less than what you deserve.

It is highly recommended to contact an attorney after any type of automobile accident, particularly if you were injured.

Proving Fault in Knoxville Auto Accident Cases

Establishing fault is a critical aspect of any auto accident case in Knoxville. To recover compensation for your injuries and damages, you must demonstrate that the other driver's negligence caused the accident. Here's how fault is typically proven:

1. Police Reports

The police report is often a key piece of evidence. When officers respond to an accident, they create a report that documents:

       Accident Details: Date, time, location, and a description of how the crash occurred.

       Driver and Witness Information: Names, contact information, and insurance details for all involved parties, as well as contact information for any witnesses.

       Statements: Statements from the drivers involved and any witnesses.

       Observations: The officer's observations of the scene, including vehicle damage, road conditions, and any contributing factors.

       Citations: Any traffic citations issued, which can be strong evidence of negligence.

       Preliminary Fault Assessment: The officer may offer a preliminary opinion on who was at fault, but this is not always conclusive.

2. Witness Testimony

Eyewitnesses who saw the accident can provide valuable testimony about the actions of the drivers involved. Their accounts can corroborate your version of events and help establish negligence.

       Independent Witnesses: Statements from unbiased witnesses who have no connection to the parties involved are generally considered more credible.

       Passenger Testimony: Passengers in either vehicle can also provide testimony, although their statements may be viewed with more scrutiny due to potential bias.

 

 

3. Photographs and Videos

Visual evidence can be very persuasive in proving fault.

       Accident Scene Photos: Photos taken at the scene can show the position of the vehicles after the impact, skid marks, debris, road conditions, traffic signals, and any other relevant details.

       Vehicle Damage: Photos of the damage to all vehicles involved can help demonstrate the point of impact and the forces involved.

       Dashcam Footage: If any of the vehicles involved had a dashcam, the footage can provide crucial video evidence of the accident.

       Surveillance Footage: Nearby businesses or traffic cameras may have captured the accident on video.

4. Accident Reconstruction

In complex cases or when fault is disputed, accident reconstruction experts may be needed. These experts use scientific principles, physical evidence, and computer simulations to analyze the crash and determine how it occurred. They can:

       Analyze Physical Evidence: Examine skid marks, vehicle damage, and debris patterns to determine vehicle speeds, directions of travel, and points of impact.

       Interpret Data from Event Data Recorders (EDRs): "Black boxes" in newer vehicles that record data like speed, braking, and steering input.

       Create Computer Simulations: Develop computer models to recreate the accident and test different scenarios.

       Provide Expert Opinions: Offer opinions on the cause of the accident and the actions of the drivers involved.

5. Traffic Laws and Violations

Evidence that a driver violated a traffic law, such as running a red light, speeding, or making an illegal turn, can be strong evidence of negligence.

6. Driver Admissions

Any statements made by the other driver admitting fault at the scene or afterward can be used as evidence against them. However, it's important to avoid admitting fault yourself, even if you think you might have contributed to the accident.

 

 

How Our Firm Can Help You Get Compensation

At DZ Law, we understand that suffering an injury or injustice can be a life-altering experience. You may be facing mounting medical bills, lost wages, and the emotional distress of navigating a complex legal system.

That's where we come in. Led by distinguished attorneys Robert Dziewulski and Ashleigh Beer-Vineyard, our firm is passionate about helping you get the compensation you deserve, so you can focus on recovery and rebuilding your life.

Here's how we can help:

 

       Thorough Investigation: We meticulously investigate your case, gathering crucial evidence such as:

       Medical records

       Accident reports

       Witness testimonies

       Expert opinions

       Photographic and video evidence

       Skilled Legal Representation: Our skilled attorneys are well-versed in personal injury law, wrongful death, and other areas of litigation. We leverage our in-depth knowledge of the law and legal precedent to build a strong case on your behalf.

       Negotiation and Settlement: We are skilled negotiators who will aggressively advocate for your best interests. We'll engage with insurance companies and opposing counsel to reach a fair settlement that covers your damages, including:

       Medical expenses (past and future)

       Lost income and earning capacity

       Pain and suffering

       Property damage

       Emotional distress

       Litigation if Necessary: If a fair settlement cannot be reached, we are prepared to take your case to court. Our experienced litigators will present a compelling case to a judge or jury, fighting to secure the maximum compensation possible.

       Compassionate Support: We understand that this is a difficult time for you. We provide compassionate support and clear communication throughout the process, keeping you informed every step of the way.

 

 

Frequently Asked Questions About Auto Accident Cases in Knoxville

Should I talk to the other driver's insurance company?

It's generally best to avoid speaking with the other driver's insurance company before consulting with an attorney. They may try to get you to make statements that could harm your claim. Let your attorney at DZ Law handle these communications.

What is comparative fault?

Tennessee uses a modified comparative fault system. Your compensation will be reduced by your percentage of fault. If you're 50% or more at fault, you recover nothing.

What kind of compensation can I recover?

You may be able to recover economic damages (medical bills, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress).

How long do I have to file a lawsuit?

In Tennessee, the statute of limitations for personal injury lawsuits arising from car accidents is generally one year from the date of the accident.

Do I need a lawyer?

While you're not legally required to have a lawyer, it's highly recommended, especially if you've suffered injuries. An attorney can protect your rights, investigate the accident, negotiate with insurance companies, and represent you in court if necessary.

How much does a lawyer cost?

Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. Their fee is typically a percentage of your settlement or court award.

What if the other driver is uninsured or underinsured?

If the at-fault driver lacks sufficient insurance, your own uninsured/underinsured motorist (UM/UIM) coverage may provide compensation.

How long will my case take?

The length of a case varies depending on complexity, the severity of injuries, and whether it settles or goes to trial. Some cases resolve in a few months, while others can take a year or more.

What if I was partially at fault?

You can still recover compensation in Tennessee as long as you were less than 50% responsible for the accident. However, your award will be reduced by your percentage of fault.

 

 

Contact a Knoxville Auto Accident Lawyer

Being involved in a car accident in Knoxville can be a life-altering experience. From dealing with painful injuries to navigating the complexities of insurance claims, the aftermath can be overwhelming.

DZ Law is here to help. Our experienced Knoxville auto accident lawyers understand the physical, emotional, and financial toll a car crash can take. When you contact DZ Law, you'll receive personalized attention and professional guidance throughout the legal process. We'll thoroughly investigate your accident, gather crucial evidence, negotiate with insurance companies, and, if necessary, litigate your case in court. Our goal is to ensure you receive full compensation for your medical expenses, lost wages, pain and suffering, and other damages.

Contact us today by calling 865-259-0020 for a free, no-obligation consultation. We'll listen to your story, assess your case, and explain your legal options. Your recovery is our priority.

Contact Us Today

DZ Law is committed to answering your questions about Transactional Litigation, Transactional Drafting, and Personal Injury law issues in Knoxville, Tennessee. We offer consultations and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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