After any kind of traffic accident in Tennessee, if you've been injured or had your vehicle damaged, you probably want to understand your options for getting compensation. In this article, we'll discuss a few Tennessee laws that could have a big impact on any car accident claim you decide to make, and we'll look at the legal obligations of drivers when it comes to reporting an accident to law enforcement.
A "statute of limitations" is a state law that sets a strict time limit on your right to bring a lawsuit to court.
(Note: The statute of limitations does not apply to a car insurance claim. Any insurance company, whether your own or the other driver's, is going to require you to make a claim -- or at least give the insurer notice of an incident that could trigger a claim -- "promptly" or "within a reasonable time" after the accident. That usually means a matter of days, or a few weeks at most.)
In Tennessee, there are a few different lawsuit filing rules that could come into play after a vehicle accident.
First, for car accident injuries, anyone hurt in the crash -- whether a driver, passenger, motorcycle rider, bicyclist, or pedestrian -- must file a lawsuit against the person who allegedly caused the accident within one year, according to Tennessee Code section 28-3-104.
Second, if the car accident caused someone's death, and their family or a representative wants to bring a wrongful death claim, that case is subject to the same one-year filing deadline. The only difference is that for these cases, the "clock" starts running on the day of the accident victim's death, which could be later than the date of the accident itself.
Finally, if anyone had their vehicle or other property damaged as a result of a car accident in Tennessee, they must get their lawsuit filed against any potential defendant within three years of the date of the accident, according to section 28-3-105 of the Tennessee Code.
Whichever deadline applies, if you try to file your car accident lawsuit after the applicable time limit has passed, you can count on the defendant (the person you're trying to sue) pointing out that discrepancy to the court as part of a motion to dismiss. The court will almost certainly grant the motion (unless some rare exception applies to extend the filing deadline), and that will be the end of your case. That's why it's crucial to understand how the statute of applies to your situation.
Even if you're confident that your case will be resolved through the car insurance claim process, you'll want to leave yourself plenty of time to file a lawsuit in case you need to -- if for no other reason than that you'll have more leverage during settlement talks. If you think you might be running up against the filing deadline, you may want to contact an experienced Tennessee car accident attorney.
Suppose you're seriously injured in a Tennessee car accident, and you take your case to court. The jury, after hearing all the evidence, decides that the other driver was responsible for the accident -- but that you too bear part of the blame. What happens next? How does this verdict affect your right to compensation?
Tennessee is a "modified comparative negligence" state. This means you can still recover damages in a car-accident-related lawsuit, but your award will be reduced according to your share of negligence -- and importantly, your share of liability must be less than 50 percent in order to recover from other at-fault parties.
For instance, suppose that the jury determines that your injuries, pain and suffering, and other losses total $100,000. However, the jury also thinks that you were 10 percent responsible for the crash. In that situation, the total amount of your damages, $100,000, is reduced by 10 percent, or $10,000, leaving you with a total award of $90,000.
The comparative negligence rule binds Tennessee judges and juries (if your car accident case makes it to court), and it will also guide a car insurance claims adjuster when he or she is evaluating your case. Also keep in mind that since there is no empirical means of allocating fault, any assignment of liability will ultimately come down to your ability to negotiate with a claims adjuster or to persuade a judge or jury.
According to Tennessee Code section 55-12-104, the driver of any motor vehicle involved in an accident in the state must report the crash in writing to the Commissioner of Safety within 20 days if:
(Note: For car accidents that occur prior to January 1, 2019, the property damage dollar threshold is $400.)
In almost every Tennessee car accident scenario, insurance coverage is sure to play a key role, so it's important to understand the state's liability auto insurance requirements and other coverage rules that could affect your car accident claim. Get the details on Tennessee's car insurance rules.