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Articles Posted in Car Accidents

Tennessee Court of Appeals Reverses Lower Court’s Order That Granted Summary Judgment on Issue of Vicarious Liability in Fatal Car Accident Case
Mark Hartsoe

In cases in which a negligent driver was acting in the course and scope of his or her employment at the time of a serious East Tennessee car accident or fatal crash, the driver’s employer can be held vicariously liable for the harm that befell the accident victim. This is important because the employer is…

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Tennessee Supreme Court Says Car Accident Litigants Stated a Claim Against Hospitals Under Consumer Protection Act
Mark Hartsoe

Those who have never been involved in an East Tennessee car accident probably do not realize all of the possible complications that can arise as a lawsuit progresses from an initial claim filed against the responsible party’s insurance company to the ultimate collection of money damages via a negotiated settlement or a judgment in court.…

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Class Action Lawsuit Accuses Insurance Company of Violating Tennessee Law in Handling of Uninsured Motorist Deductibles
Mark Hartsoe

In a Tennessee car accident case, the defendant is usually the driver whose negligence caused the crash. If he or she was on the job at the time, his or her employer may also be named as a defendant based on the principles of vicarious liability. Sometimes, however, the negligent driver cannot be identified. This…

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Distracted Driving – a Huge Problem on Tennessee Roadways
Mark Hartsoe

We’re all busy these days. It isn’t surprising that many drivers attempt to “multi-task” by making phone calls or texting while driving. However, any time that a driver focuses his or her attention on something other than the road, he or she increases the chances of being in a Tennessee car accident. Statistically speaking, about…

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Tennessee Court of Appeals Reverses Summary Judgment Granted to Insurance Agent and Agency in Insureds’ Failure-to-Procure Excess Uninsured Motorist Coverage Case
Mark Hartsoe

Uninsured motorist insurance coverage is very important because it can be the only protection available to a person who is involved in an east Tennessee car accident with an uninsured driver (similarly, underinsured motorist coverage protects against situations in which the at-fault driver has some, but not enough, liability insurance. In cases in which coverage…

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Federal District Court Denies Defendant’s Motion to Exclude Doctor’s Testimony in Tennessee Tractor-Trailer Accident Case
Mark Hartsoe

In an east Tennessee truck accident case, the plaintiff has the burden of proof. This means that he or she must provide proof sufficient to convince the jury, by a preponderance of the evidence, that the defendant’s failure to act in a reasonably prudent manner was the proximate cause of his or her injuries. In…

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Tennessee Supreme Court Rules That Claimant Was Not a Necessary Party to Declaratory Judgment Action Between Insurance Company and Insured
Mark Hartsoe

When someone has automobile accident liability insurance and he or she is sued due to a Tennessee car accident, the insurance company has two responsibilities: to provide a defense for the insured and to indemnify him or her in the event of a judgment. The insured individual also has certain obligations, perhaps the most important…

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Federal Court Holds that Tennessee State Court Should Have Retained Jurisdiction Over Auto Accident Victim’s Claim Against Medical Provider
Mark Hartsoe

When someone is hurt in a Knoxville car accident, he or she is likely to have considerable medical costs. Getting those expenses paid can be an uphill battle, as can recouping lost wages or compensation for pain and suffering. In addition to a negligence lawsuit filed against the at-fault driver, the plaintiff may have other…

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Tennessee Court of Appeals Affirms $105,000 in Motor Vehicle Accident Case
Mark Hartsoe

In an east Tennessee automobile accident case, an injured party may receive compensation for his or her medical expenses, lost earnings, pain and suffering, and other damages caused by a negligent driver. If the plaintiff is found to be partially at fault in the accident, his or her judgment for compensation will be reduced in…

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Federal Court Rules that Most of Army’s Report Concerning Accident is Subject to Military Safety Privilege
Mark Hartsoe

In a Knoxville personal injury lawsuit arising from a car accident or other vehicular collision, the burden is on the plaintiff to prove, by a preponderance of the evidence, that the defendant is legally liable for his or her medical expenses, lost wages, pain and suffering, and other damages stemming from the accident. In litigating…

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