Charges for Leaving the Scene of an Accident
If you leave the scene of an accident resulting in property damage less than $400, you are committing a Class C misdemeanor, with penalties of 30 days in jail and a fine. If that damage is more than $400, you are committing a Class C misdemeanor, and your license will be suspended.
Driving is a part of our everyday lives, especially in the south. People are in and out of cars multiple times per day, every day of the week. Because of the amount of time that people spend driving or riding in vehicles, the average person will be involved in approximately four car accidents in their lifetime. Since everyone will almost inevitably be involved in an accident, it is important to know what to do when an accident occurs — especially if you are the driver.
What To Do When an Accident Occurs
In Tennessee, anyone involved in an accident that results in damage to another vehicle should stop their car immediately at the scene. If it is not possible to immediately stop, you must return to the scene and remain there until the police arrive and issue further instructions. It is important to note that when stopped, every effort should be made not to impede traffic. If it is possible, you should move your car and the other cars that are involved in the accident to the side of the road.
Ensuring Safety and Seeking Medical Attention
Your health and safety should always come first. After an accident, if you are physically able to do so, check yourself and your passengers for injuries. If anyone is injured, immediately call 911 and request medical assistance. Even if injuries seem minor, it is important to seek medical attention right away. Some injuries, such as whiplash or internal injuries, might not be immediately obvious. Waiting to see a doctor can make these conditions worse and complicate any potential legal case you may have.
In addition to attending to health needs, make sure that you are in a safe place. If you are in the middle of the road or in a hazardous location, try to move to a safer area without leaving the scene of the accident. This can prevent further accidents and injuries.
Contacting Law Enforcement
In Tennessee, it is important to report a car accident to the police. If the accident resulted in any injuries or significant property damage, the law requires you to notify law enforcement. The police will arrive at the scene, conduct an investigation, and write a report. This report will be a crucial part of your case if you need to pursue a claim or file a lawsuit in the future.
While the police are gathering information, you should avoid admitting fault for the accident. Even if you think you might have been partially responsible, it is important to let the law enforcement officers determine fault based on the evidence. This ensures that you are not making statements that could harm your case later on.
Gathering Information at the Scene
After the police arrive, it is essential to gather as much information as possible. This includes exchanging names, addresses, phone numbers, and insurance details with the other drivers involved in the accident. Take note of the make, model, and license plate number of the vehicles. If there were any witnesses to the accident, try to get their contact information as well.
It is also important to take photos of the scene, including damage to the vehicles, any visible injuries, and the surrounding environment. Photos can serve as vital evidence when building your case. If you are unable to take photos yourself, ask someone else at the scene to assist you.
- Jeremy Forgey
- Chris Griffin
Contacting Your Insurance Company
Once you are safe and have gathered the necessary information, you should contact your insurance company to report the accident. Be sure to provide them with all the relevant details, including the police report number, the other driver’s insurance information, and any medical treatment you have received. It is important to be honest when speaking with your insurer and give them an accurate account of the accident. However, avoid providing a statement that could be used against you later, especially when discussing liability.
Your insurance company will help you understand the next steps, and in many cases, they will help you with medical costs and vehicle repair expenses. Keep in mind that insurance companies may not always offer you the compensation you deserve, which is why it’s important to consider seeking legal help if your case involves significant damages or injuries.
Consulting a Car Accident Lawyer
Even though you have your insurance company to assist you, dealing with a car accident can be a complicated process. If you have suffered serious injuries or if there is a dispute regarding who is at fault, it is highly advisable to consult with a lawyer experienced in car accident cases. Having legal representation ensures that your rights are protected and that you receive fair compensation for your injuries, property damage, lost wages, and other losses.
An attorney can also help with negotiations with the insurance companies. In some cases, insurance companies may try to offer you a settlement that is far lower than what you are entitled to. With the help of a lawyer, you can make sure you are not taken advantage of during this stressful time.
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Leaving the Scene of an Accident Resulting in Death or Injury
If you are involved in an accident that causes injury or death, you are legally required to stop at the scene, or as close to the scene as possible. If you are unable to stop at the scene, you should return to the location where the accident took place as soon as possible. If an individual is injured, you should render aid by calling 911. It is a Class A misdemeanor to not stop or return to the scene of an accident that results in injury to another person.
Gathering and preserving evidence is essential in building a strong car accident compensation case. Evidence can include photographs of the accident scene, witness statements, police reports, and medical records. Each piece of evidence plays a crucial role in establishing the facts of the case and demonstrating the extent of your damages. Promptly collecting this evidence is vital as it can be lost or degraded over time.
The investigative process can be daunting, especially when you are recovering from an accident. Our team at Best And Brock is experienced at handling this critical phase of your case. We work diligently to gather all pertinent evidence, often collaborating with accident reconstruction specialists and medical professionals to build a compelling case. This comprehensive approach means that we will have a robust foundation to negotiate from or present in court if necessary.
Leaving the Scene & Vehicular Assault / Homicide Charges
If you know that your accident resulted in someone’s death, or it seems likely that someone may have died, you must stop or return to the scene as quickly as possible. Failure to do so is a Class E felony. If you are charged with vehicular assault or vehicular homicide, and you are found to not have stopped at the scene, your sentence for failing to stop will be served consecutively with your assault or homicide sentence. This means that you are facing additional jail time for failing to remain at the scene of the accident. And, while not as significant as jail time, being convicted of these crimes will also result in the revocation of your driver’s license.
Statistically speaking, being in a car accident is almost guaranteed. If you cause the accident, for whatever reason, it is always best to remain at the scene. Attempting to flee will only increase your ultimate punishment. If you have caused an accident and fled the scene, you should contact an attorney as soon as possible. The sooner the incident is addressed, the better.
Types of Compensation Available
The damages you can claim in a car accident case fall into several categories. These include medical expenses, lost wages, pain and suffering, and property damage. Medical expenses cover the cost of immediate treatment as well as ongoing care if the injuries result in long-term health issues. Lost wages account for the income you miss out on due to the inability to work during recovery. Pain and suffering encompass both the physical pain and emotional distress caused by the accident. Property damage pertains to the repair or replacement of your vehicle and any other personal property damaged in the collision.
Calculating these damages accurately is a critical aspect of your case. It involves not only quantifying the economic losses but also assigning a value to the non-economic damages like pain and suffering. This process can be highly complex, requiring an in-depth understanding of the medical implications of your injuries and the potential long-term effects on your quality of life.
At Best And Brock, we leverage our extensive knowledge and resources to so that all aspects of your damages are thoroughly documented and persuasively presented.
The Role of Evidence in Building Your Case
Gathering and preserving evidence is essential in building a strong car accident compensation case. Evidence can include photographs of the accident scene, witness statements, police reports, and medical records. Each piece of evidence plays a crucial role in establishing the facts of the case and demonstrating the extent of your damages. Promptly collecting this evidence is vital as it can be lost or degraded over time.
The investigative process can be daunting, especially when you are recovering from an accident. Our team at Best And Brock is experienced at handling this critical phase of your case. We work diligently to gather all pertinent evidence, often collaborating with accident reconstruction specialists and medical professionals to build a compelling case. This comprehensive approach means that we will have a robust foundation to negotiate from or present in court if necessary.
- Jeremy Forgey
- Chris Griffin
Negotiating with Insurance Companies
Negotiating with insurance companies is often one of the most challenging aspects of pursuing car accident compensation. Insurance adjusters are trained to minimize the amounts paid out, often using tactics that can delay the process or undervalue your claim. They may offer quick settlements that seem attractive but are often insufficient to cover the full extent of your damages.
Having a seasoned attorney by your side can make a significant difference in these negotiations. At Best And Brock, we approach negotiations with a clear strategy, backed by meticulous preparation and a deep understanding of the insurance industry. We are committed to securing a settlement that fully compensates you for your losses, and we are prepared to take your case to court if the insurance company refuses to offer a fair amount.
The Litigation Process
While many car accident claims are settled out of court, some cases may proceed to litigation. This can occur if the insurance company disputes liability or the amount of compensation. The litigation process involves several stages, including filing a lawsuit, discovery, pre-trial motions, and the trial itself. Each of these stages requires careful preparation and strategic planning.
Filing a lawsuit initiates the formal legal process, and from there, the discovery phase allows both sides to gather and exchange information. This can include depositions, interrogatories, and requests for documents. Pre-trial motions may be filed to resolve certain issues before trial, such as motions to dismiss or for summary judgment. If the case goes to trial, both sides will present their evidence and arguments, and a judge or jury will make a final determination.
Navigating the litigation process can be overwhelming, but with Best And Brock, you have a dedicated legal team committed to fighting for your rights. Our experience in courtroom proceedings means that we are prepared to advocate vigorously on your behalf, presenting a compelling case to secure the best possible outcome.
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The Importance of Timeliness
Timeliness is a critical factor in car accident compensation cases. Tennessee has a statute of limitations that sets a deadline for filing a lawsuit. In most car accident cases, this period is one year from the date of the accident. Failing to file within this timeframe can result in losing your right to seek compensation. Additionally, prompt action is important for preserving evidence and witness testimony, which can be crucial to your case.
At Best And Brock, we understand the urgency of these matters and work efficiently so that all necessary steps are taken within the required timelines. We prioritize your case, and are proactive in gathering evidence, negotiating with insurance companies, and preparing for litigation if necessary. Our goal is to alleviate the burden on you, allowing you to focus on your recovery while we handle the legal complexities.
Requirements for Filing a Car Accident Lawsuit in Tennessee
While understanding what you can claim is crucial, it’s equally important to be aware of the requirements for filing a car accident lawsuit in Tennessee. Navigating the legal process successfully involves adhering to specific rules and regulations, ensuring your case stands on solid ground.
Statute of Limitations
Tennessee imposes a statute of limitations on personal injury claims, including those arising from car accidents. Victims typically have one year from the date of the accident to file a lawsuit. Failing to initiate legal proceedings within this timeframe may result in the loss of the right to seek compensation.
Comparative Fault
Tennessee follows a modified comparative fault system, which means that if you share some degree of fault for the accident, your compensation may be reduced. However, victims can still pursue damages as long as their level of fault does not exceed 50%. It’s crucial to work with skilled legal professionals who can effectively argue your case and minimize any potential impact of comparative fault on your compensation.
Insurance Requirements
Before filing a lawsuit, Tennessee law requires individuals involved in car accidents to first seek compensation through insurance claims. The state mandates minimum insurance coverage, including liability insurance, to ensure that victims have a source of compensation for their damages. Consulting with legal professionals can help you navigate the complexities of dealing with insurance companies.
Evidence and Documentation
Building a strong case requires thorough documentation of the accident and its aftermath. Gathering evidence such as police reports, medical records, eyewitness statements, and photographs of the scene can significantly strengthen your claim. Working with a law firm experienced in car accident cases ensures that no crucial piece of evidence is overlooked.
Legal Representation
Given the intricacies of Tennessee’s legal framework, seeking the assistance of a reputable law firm is essential. Navigating the legal landscape, understanding your rights, and presenting a compelling case require experience in personal injury law. A seasoned legal team can guide you through the process, advocate for your rights, and work towards securing the compensation you deserve.
Understanding what you can claim in a car accident lawsuit in Tennessee is crucial for victims seeking compensation for their losses. From medical expenses to property damage and intangible losses like pain and suffering, the legal system provides avenues for recovery. However, successfully pursuing a claim requires adherence to specific requirements, including the statute of limitations, comparative fault considerations, and proper documentation. By partnering with a dedicated law firm like Best & Brock, victims can navigate the complexities of the legal process with confidence, knowing they have a team committed to advocating for their rights and securing the compensation they deserve.
When you need legal representation for leaving the scene of an accident, call Best and Brock. Their team of defense attorneys has the knowledge and experience to represent you.