Car Accidents in Memphis, Tennessee: Legal Insights, Statistics, and Major Cases

Car accidents in Memphis, Tennessee are a big problem, thousands of people a year. With the city growing and more cars on the road, the numbers keep rising. For victims, knowing the laws and options is key to getting justice and compensation. This guide covers the laws, recent stats and big cases so you can understand car accident claims in Memphis.

Personal Injury for Car Accidents in Memphis, Tennessee

Knowing the laws for car accident claims is important for anyone involved in an accident. Victims need to navigate the rules, determine fault and get compensation for damages.

Laws

Car accident claims in Tennessee are based on negligence, meaning the at-fault party failed to use reasonable care while driving. The laws revolve around the following:

Negligence and Fault

To win a car accident claim the injured party must prove the other driver was negligent. This means:

Duty of Care: Every driver has a legal duty to drive safely and responsibly. This means following traffic laws and adjusting your driving to the road conditions.
Breach of Duty: If a driver breaks traffic laws (e.g. speeding, running a red light, driving distracted) they have breached their duty of care.
Causation: The plaintiff must show the at-fault driver’s breach of duty caused the accident. For example, if a driver runs a stop sign and causes an accident, that’s causation.
Damages: Finally the plaintiff must show they suffered losses—financial or non-financial—because of the accident. This includes medical bills, property damage, pain and suffering, loss of enjoyment of life.

Memphis Traffic Laws

In Tennessee drivers must follow state and local traffic laws. Some of the most common traffic violations that cause car accidents are:

Speeding: Drivers can’t go over the posted speed limit or drive too fast for road conditions (e.g. during heavy rain or ice).
Distracted Driving: Using a mobile phone, adjusting in-car entertainment systems or other distractions can cause dangerous driving and accidents.
Impaired Driving: Driving under the influence of drugs or alcohol is illegal in Tennessee and can result in fines, license suspension and jail time. It’s a big factor in many car accidents.

Comparative Fault in Tennessee

Tennessee is a modified comparative fault state. Under this rule if a victim is found to be partially responsible for the accident their compensation will be reduced by their percentage of fault. But if the victim is 50% or more at fault they can’t recover anything. For example if the court finds the victim 20% at fault they would get 80% of the total damages awarded.

Types of Damages in Car Accident Claims

Victims of car accidents in Memphis may be entitled to different types of compensation depending on the severity of their injuries and the circumstances of the accident.

1. Economic Damages

These are tangible, measurable losses that result directly from the accident. Economic damages include:

Medical Bills: This includes immediate medical costs, hospital stays, surgeries, medication and future medical costs for long-term care and rehab.
Property Damage: Compensation for damage to the victim’s vehicle and any personal belongings in the vehicle at the time of the accident.
Lost Wages: If the victim can’t work because of their injuries they may recover lost wages. Future lost earning capacity may also be recovered if the injuries result in a long-term or permanent disability.

2. Non-Economic Damages

These are more intangible losses that impact the victim’s quality of life. They may include:

Pain and Suffering: Compensation for physical pain and emotional suffering caused by the accident and injuries.
Loss of Enjoyment of Life: If the victim can’t participate in activities or hobbies they used to because of their injuries they may be entitled to compensation for that loss.

3. Punitive Damages

In cases of gross negligence, recklessness or malicious intent Tennessee courts may award punitive damages. These are not to compensate the victim but to punish the defendant and deter similar behavior in the future. For example punitive damages may be awarded in cases of drunk driving or intentional road rage.

Car Accident Claims Process

The process of filing a car accident claim in Memphis is complicated and victims must follow a specific process to get justice and compensation.

1. Filing

In Tennessee the statute of limitations for personal injury claims is one year from the date of the accident, per Tenn. Code Ann. § 28-3-104. That means victims have one year to file a lawsuit against the at-fault driver. If they don’t file within that time frame the case will be dismissed.

2. Evidence

To build a strong case victims and their lawyers must gather evidence that proves liability and shows the extent of damages. Key evidence includes:

Accident Reports: Police reports that detail the accident and any citations issued can be important in establishing fault.
Medical Records: Detailed documentation of the victim’s injuries and treatment is important for calculating medical bills and non-economic damages like pain and suffering.
Witness Statements: Statements from witnesses who saw the accident can corroborate the victim’s version of events and establish the defendant’s negligence.
Photographs and Videos: Pictures or videos of the accident scene, vehicle damage and injuries can be strong evidence for the claim.

3. Settlement

Many car accident claims are settled before trial. During settlement negotiations the victim’s lawyer will work with the insurance company or the at-fault party’s lawyer to reach an agreement on compensation. A fair settlement should cover all medical bills, lost wages, pain and suffering and any future care needed because of the accident.

4. Litigation

If settlement negotiations fail the case may go to trial. In court the plaintiff (victim) must present evidence, call witnesses and make legal arguments to prove the at-fault driver was responsible for the accident and the plaintiff is entitled to compensation. Trial can be a long process but an experienced lawyer can be a huge help throughout.

Memphis, Tennessee Car Accident Statistics (2023)

Car accidents are a big public safety issue in Memphis. Looking at recent statistics will give you an idea of the frequency and causes of these accidents:

Incidents

In 2023 Memphis had around 3,500 car accidents with injuries ranging from minor to severe. These statistics show the impact of car accidents on the city and the legal system.

Common Causes of Accidents

Accidents in Memphis are often caused by a combination of driver error, environmental factors and mechanical failure. The most common causes are:

1. Distracted Driving

Distracted driving is one of the leading causes of car accidents in Memphis. Whether drivers are texting, talking on the phone or using in-car technology, distractions increase the risk of a crash.

2. Speeding

Excessive speed reduces the driver’s ability to react to sudden changes in traffic or road conditions. Speeding not only increases the chance of an accident but also the severity of injuries when a crash occurs.

3. Impaired Driving

Driving under the influence of alcohol or drugs is still a big factor in car accidents. Impaired drivers have slower reaction time, impaired judgment and reduced coordination which leads to bad driving behavior.

4. Inclement Weather

Memphis has varying weather conditions including heavy rain and occasional ice. Inclement weather can reduce visibility, make roads slippery and increase the chance of accidents.

Victims

Car accidents can have severe physical, emotional and financial consequences for victims. Common injuries are:

Head and Brain Injuries: Concussions, traumatic brain injuries (TBIs) and skull fractures can result in long term or permanent disability.
Spinal Cord Injuries: Damage to the spinal cord can cause paralysis or chronic pain and require extensive medical treatment and rehabilitation.
Broken Bones and Fractures: These injuries can result in long recovery and may require surgery and physical therapy.

Recent Personal Injury Case

To see how car accident claims are handled and settled, let’s look at a notable case in Memphis.

Case: Smith v. Memphis Auto Group

Summary: John Smith, a Memphis resident, was driving home from work when he was hit by a company vehicle owned by the Memphis Auto Group. The driver of the company vehicle was speeding and driving recklessly and the impact was severe. Smith had multiple fractures and a traumatic brain injury and required extensive medical treatment, surgeries and ongoing rehabilitation.

Result: The case settled for $4 million.

The settlement covered Smith’s medical bills, lost wages, pain and suffering and future care needs due to his permanent disability. This case shows the importance of holding negligent drivers and their employers accountable for their actions.

Impact:

The case shows the need for stricter traffic laws and employers to ensure their drivers follow safety rules.

Car Accident Lawyer

1. Case Evaluation and Research

A lawyer will conduct a thorough investigation into the accident, review police reports, medical records and gather witness statements. In some cases they may also consult with accident reconstruction experts to determine how the accident happened and who was at fault.

2. Negotiation and Litigation

Lawyers negotiate with insurance companies for a fair settlement. If a settlement can’t be reached they will take the case to court and present evidence and advocate for the victim’s right to compensation.

3. Client Services

Throughout the process lawyers will provide ongoing support and guidance to the client and help them make informed decisions along the way.

Bottom Line

Car accidents in Memphis, Tennessee can be complex and overwhelming for victims seeking justice. From the laws that apply to the legal process, having the right information and lawyer is key. Whether through settlement or litigation, victims deserve to be compensated for all of their injuries and losses.

Looking for car accident lawyer help? Keller Swan can help. Contact us today for individualized legal services and guidance on car accident cases and getting the compensation you deserve.