Articles Posted in Car Accidents

Every case brought in Tennessee has procedural steps to follow, and knowing these procedures and their timelines can be crucial to winning a case. Furthermore, failing to file important actions in a timely manner or missing important deadlines can get your law suit dismissed.

Even failing to file actions properly can get a claim dismissed. Last month, the Tennessee courts dismissed the third case in a handful of months for failing to properly follow the statute of limitations. If you or a loved one has been injured by the negligent acts of another, you are encouraged to speak with a Knoxville or Maryville car accident attorney who will be able to guide you and your case through the complicated legal process.

Gates v. Perry
In March, the Court of Appeals at Knoxville ruled on a statute of limitations dispute involving a car accident case. In Gates v. Perry, the plaintiff suffered injuries in an automobile accident and filed a complaint against the defendant. The case involved three statutory deadlines for the filing of a complaint and the service of process.
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There is a common misperception that a driver who rear-ends another car is the one at fault. This is generally true but not always, as illustrated by a recent case heard by the court of appeals at Knoxville. There are many false and common presumptions about the law. If you have been involved in an accident in Maryville or Knoxville, an experienced car accident attorney will find aspects of your case to get you the compensation you deserve.

In order to hold a defendant accountable for damages caused by an auto accident, the defendant has to be proven negligent. Negligence can be proven when a driver fails to exercise the level of care that a reasonably prudent person would exercise under similar circumstances. The plaintiff in Hicks v. Prahl failed to prove the driver who rear-ended her negligent.

Facts of the Case

In Hicks v. Prahl, the plaintiff and defendant had been merging onto Pellissippi Parkway from Hardin Valley Road. While in the merge lane, the plaintiff stopped her car, which the defendant, following the plaintiff, recognized and stopped as well. The plaintiff began to accelerate and the defendant followed. Assuming that the plaintiff was going to merge onto Pellissippi Parkway, the defendant turned her head over her shoulder to look for traffic. When she turned back around, she was surprised to find the plaintiff’s vehicle had stopped again, but the defendant failed to stop her vehicle before hitting the plaintiff’s vehicle.

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Personal injury lawsuits are good for Maryville and America just in general. They can disclose hidden hazards, problems with regulations, and they promote positive change.

The recent General Motors (“GM”) recall is an example of this. Certain GM vehicles have been recalled for a faulty ignition switch that has been linked to at least 12 deaths and more than 1.6 million recalled vehicles. The original lawsuit and attorney that pursued the wrongful death case helped bring awareness to the ignition problem and prompted the product recall, possibly saving a number of lives.

The car accident attorney had been approached in 2011 by the parents of Brook Melton. In 2010, Ms. Melton had been driving to her boyfriend’s house when her 2005 Chevy Cobalt veered into on coming traffic, crashing into another vehicle and killing Ms. Melton. The accident had been attributed to Ms. Melton and the police officer on scene had made a determination that the vehicle lost control because Melton was speeding. The parents sought representation to help defend against a law suit by the driver of the other vehicle.
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In personal injury cases involving car or motorcycle accidents, understanding legal rules like the statute of limitations, comparative fault, and relation back can be critical to winning a case. In Tennessee, a plaintiff can add a tortfeasor after the tolling of the statute of limitations if a defendant asserts another party carries some of the fault. Recently, the Supreme Court of Tennessee ruled on whether knowledge of the tortfeasor at the time of the filing of a complaint precludes the plaintiff from adding the tortfeasor.

Tenn. Code Ann. § 20-1-119 (“§119”) provides for a situation where a plaintiff can add another tortfeasor to a personal injury case even though the statute of limitations has run. If the plaintiff brought the original complaint within the statute of limitations, and a defendant in the original complaint alleges that another tortfeasor carries some or all the fault, the plaintiff is allowed to amend the original complaint to add the tortfeasor within 90 days. If the plaintiff complies with §119, for purposes of tolling the statute of limitations, the date the tortfeasor will be considered added will relate back to the date of the original complaint.

Facts of the Case
In Becker v. Ford Motor Company, a Ford truck veered off a roadway and hit a light pole injuring the passenger in the vehicle. The passenger, Becker, brought a products liability claim against Ford motor company. Becker did not bring a personal injury claim against the driver of the truck, his son. After the tolling of the statute of limitations, Ford answered the claim, stating that Becker and the driver were at fault.
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Drivers under the influence of alcohol or drugs can cause injury or death to other motorists, passengers, or pedestrians. Even though Tennessee has enacted laws to aggressively pursue drunk driving, every year hundreds of innocent people are injured or killed due to a drunk driving accident. If you have been injured or a loved one has been killed by a drunk driver, our experienced Tennessee car accident lawyers can help you get the compensation you need for recovery.

Tennessee law typically holds the drunk drivers responsible for the harms they cause. However, an experienced attorney will look to other areas for compensation, including “dram shop” laws.

Dram Shop Laws
Dram shop laws extend liability from drunk driving accidents to the commercial establishments that sold alcohol to the individual whose intoxicated driving harmed another. The name dram shop comes from an 18th century term for taverns that sold gin in small quantities called a “dram.” Tennessee’s Dram Shop Act was enacted in 1986 and has two parts.
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Trying a case pro se can be very difficult. Being a lawyer requires an extensive amount of knowledge regarding legal rules and courtroom procedure. Much of the knowledge can only be gained through years of experience. If you have been injured in a car accident, you are recommended to speak with an attorney with years of car accident litigation experience.

Recently, a Tennessee appellate court patiently heard an appeal brought by pro se litigants in Al-Athari V. Gamboa and Morgan Southern, Inc. One of the plaintiffs in the case, a Ms. Al-Athari, was injured in an accident with another driver, Mr. Gamboa. Gamboa was driving a tractor trailer as an employee of Morgan Southern. The Al-Atharis, husband and wife, filed a complaint against Gamboa and Morgan Southern for medical injuries incurred from the car accident. According to records, Gamboa was never served a complaint, so the case proceeded exclusively against Morgan Southern. The plaintiffs had two attorneys during the course of the case but both attorneys had withdrawn. The plaintiffs filed and were granted a motion to represent themselves as pro se litigants.

Prior to the trial, the plaintiffs missed the deadline for medical depositions in the Scheduling Order. Then Morgan Southern brought a motion in limine to exclude medical testimony or documentation concerning medical diagnosis or treatment. The plaintiffs did not appear for this motions hearing, and the lower court granted the motion.
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