Learn what to do after a Tennessee car accident to protect your legal rights and start building a strong injury claim.
Roughly 30 people a day are injured or killed on Tennessee roadways.¹
Tennessee is a traditional fault state, meaning you can pursue the at-fault party for compensation without having to rely on your own insurance. For most car accident victims, that starts with a claim against the at-fault driver’s insurance company.
Here’s what you need to know about Tennessee traffic laws and motor vehicle injury claims.
What to Do After a Tennessee Car Accident
Here are five steps you should take after a collision to comply with Tennessee laws. Violating car accident laws can lead to a range of fines and penalties.
1. Stay At the Scene and Exchange Information
Tennessee laws require drivers to stop and stay at the scene of an accident involving injury. Drivers must provide their name, address, and vehicle registration number to the drivers and occupants of other vehicles in the crash.
Drivers are also required to display their driver’s license upon request.
2. Call 911 and Help the Injured
In Tennessee, you must promptly report car accidents involving injury, death, or at least $50 of property damage to the local police.
You are also required to file a written report with the Tennessee Department of Safety for all crashes involving injury, death, damage to one person’s property that exceeds $1,500, or damage to government property that exceeds $400.
Drivers involved in a vehicle accident are legally obligated to render aid to the injured and arrange for transportation to a medical facility. Calling 911 to request an ambulance meets this obligation.
3. Seek Prompt Medical Treatment
Never refuse or delay medical attention after a motor vehicle accident. You could have serious injuries that are masked by the adrenaline rush from the collision, or you may not recognize the symptoms.
To protect your right to compensation, even relatively minor injuries should be promptly evaluated. Your injuries must be linked to the accident for the insurance company to accept your claim – and the adjuster won’t take your word for it.
Let the ambulance crew evaluate you at the scene. Go with them if they want to take you to the hospital. If you aren’t taken straight to the emergency room from the scene, have someone take you to your doctor or an urgent care center as soon as possible, preferably on the same day as the crash.
At the exam, tell the medical provider about every injury and symptom, no matter how small. You’re entitled to a full medical evaluation.
4. Gather Evidence From the Scene
Tennessee is a traditional fault state, so you can file a claim against the at-fault driver’s auto insurance policy, or file a lawsuit against the at-fault party. However, for a successful claim, the burden is on you to prove the other driver did something wrong or failed to do what any reasonable driver would do to avoid a crash.
The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
Notify the at-fault driver’s insurance company of your intent to file a claim as soon as is practical. Because you’re only putting them on notice, you don’t have to be fully recovered from your injuries.
Expect to get a letter with a claim number and the contact information for the adjuster assigned to your claim. Don’t be surprised if the adjuster reaches out to offer you a fast settlement. They are checking to see if they can get rid of you quickly and cheaply. It’s rarely in your best interest to discuss settlement while still treating your injuries. Politely tell the adjuster you’ll let them know when you’re ready to talk about compensation.
No matter who caused the crash, promptly notify your own insurance company. Your auto policy is a binding contract that includes a “notification and cooperation” clause. If you fail to hold up your end of the agreement, you could be in violation of your contract.
If you decide to hire an attorney to handle your car accident claim, the attorney will handle all communications with the insurance companies while you focus on healing.
Serious injury claims are best handled by an experienced personal injury attorney. An attorney will gather all the evidence of fault and injury you need to get the compensation you deserve, including the cost of future medical expenses, lost income, and the extreme pain and suffering caused by severe injuries.
Tennessee Fault and Liability Rules
Tennessee is a traditional fault state. You don’t have to rely on your own insurance like in a no-fault state. You can pursue the at-fault driver (and other at-fault parties) for the full value of your compensatory damages.
To prevail in an insurance claim or court case, you have to prove the other driver was at fault for the accident.
Tennessee Shared Fault Rules
Tennessee is a 50 percent comparative fault state. This means that you can seek compensation from the other driver so long as you are not equally or more or more to blame.
Example of Modified Comparative Fault in Tennessee
Bobby had just stopped his vintage Mustang to allow a pedestrian to cross on Broadway Street in Nashville when he was rear-ended by Connie’s SUV. Connie was ticketed for following too closely to safely stop.
Bobby’s old Mustang didn’t have the safety features of newer cars, and he suffered significant neck and back injuries that kept him out of work for months. Unfortunately, because his vintage car was a work in progress, his brake lights weren’t working properly on the day of the crash.
Bobby filed a $50,000 injury claim with Connie’s insurance company. When settlement negotiations failed, the case went to court.
The defense team argued that Bobby assumed the risk of injury by driving an old car. Bobby’s attorney argued that he wouldn’t have been injured if Connie had been obeying traffic laws.
The jury decided that Connie was 70 percent to blame for the crash for following too closely, and Bobby was 30 percent to blame for failing to have working tail lights.
Bobby was awarded $35,000 representing a 30 percent reduction for his share of fault.
Tennessee Car Accident Compensation
The average settlement for a moderate car accident claim in Tennessee is $31,262, with average payouts ranging from $5,978 for minor injuries to $256,821 for severe injuries.
Injury settlements in Tennessee can vary widely, depending on the circumstances surrounding the crash and the severity of the victim’s injuries.
For example, look at these two rear-end accident cases with low and high payouts:
- In Anderson County, Ambrose v. Harmening, B0LA0487, the case settled for $1,750 after the defendant admitted to liability.
- In Shelby County, Lynn v. Penske Truck, CT-003081-17, the jury awarded $615,000 for a disabling back injury caused by a multi-vehicle accident.
Factors that impact Tennessee car accident compensation include:
- Injury severity
- Shared negligence
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Commercial vehicles, like semi-trucks, ambulances, or dump trucks often carry higher levels of liability insurance. Accidents caused by commercial drivers often result in more severe injuries and higher payouts.
Tennessee State Minimum Insurance Requirements
Tennessee vehicle owners must carry insurance liability limits of at least $25,000 per person/$50,000 per accident for bodily injury, and $25,000 for property damage.
Companies selling auto policies in Tennessee are required to offer uninsured motorist (UM) coverage equal to policy limits. Policyholders may decline the UM coverage by rejecting the coverage in writing.
How to Calculate a Minor Injury Settlement
You can estimate the settlement value of a mild to moderate injury claim by adding up your economic damages, such as medical bills and lost wages, then adding one to three times that amount to account for your non-economic damages, also known as pain and suffering.
How much the insurance company will pay for pain and suffering depends on how much your injuries interfered with your activities of daily living after the accident. A multiple of one is reasonable for a few days on the couch with a heating pad. A multiple of two or three is reasonable for a broken leg that kept you from mowing your lawn all summer or going on that winter vacation you planned.
Serious injury claims deserve full compensation, including the present and future value of medical expenses, future lost wages, long-term pain and suffering, and loss of consortium.
Only an experienced personal injury attorney can get full compensation for severe or fatal injuries caused by a negligent driver.
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