Auto Accident Lawyer Memphis, TN

If you were injured in a car accident, it might be time to consult with our Memphis, TN auto accident lawyer. Many injured victims attempt to deal with the insurance company themselves. However, that can result in a settlement that is far less than the victim is entitled to receive. In other words, it is best to deal with a professional who can ensure that one’s needs are met, to the fullest extent. For example;  a seasoned auto accident in Memphis, TN former clients recommend knowing that not having an attorney can even lead to having the insurance company denying your injury claim completely. For assistance with your case, contact Patterson Bray PLLC today.

If you have never been in a car accident before, you may not be sure what you should do after the fact. Can you go on your way if you don’t feel injured? Should you call the police? Are you allowed to talk with the other driver? These are some of the questions that should be taken into consideration, since auto accidents are not black and white. Moreover, some other questions that people tend to ask when it comes to accidents are as follows. Who is responsible for the accident at hand? How much compensation will I be getting, based on my injury and the damage of my car? How important is mental damage important to take into consideration, when it comes to being in an auto accident? Our Memphis auto accident attorney knows that car accidents can be scary, no matter how many times you have been a victim in an accident, but if you remember a few steps after you have been in a car accident you can get the information you need when speaking with one of our attorneys. When you file a claim for a car accident, typically the at-fault driver’s insurance will be the one to pay for your injuries and any property damage. However, this can vary from state to state and even depend on how much you were involved in the accident. This is why it is important to contact a lawyer, so that the incident, injuries, and more, can be assessed.

Pursuing Compensation For Your Losses

A seasoned auto accident lawyer Memphis, TN knows that every auto accident case is different. Some claims are worth more than others. The value of your auto accident case may depend on a number of factors, such as how much your medical bills cost, any future medical care you may require, lost wages, and your overall pain and suffering. For example, if you suffered a severe head injury that requires future medical treatments, you may be entitled to a significantly higher compensation amount.

Our Tennessee auto accident lawyer can explain to you in detail what damages you may be entitled to receive from the at-fault party. In general, car accident victims can sue for economic damages and noneconomic damages.

Economic damages are those that have a hard dollar amount attached to them. For example, any costs associated with medical treatment are damages that you can pursue. This includes bills for medical costs, transportation costs, special accommodations, loss of income, and more.

Noneconomic damages are those types of damages that do not have an actual dollar amount. However, you are entitled to receive financial compensation as a way to “make you whole” again. You may be able to obtain noneconomic damages for pain and suffering, mental anguish or distress, loss of life enjoyment, loss of companionship or consortium, and more.

Accidents Involving Company Cars

When you’ve been injured in a car accident while driving a company car, determining who is liable for all damages can be slightly complicated. Depending on the circumstances, your employer may be liable and in other cases you or the other party may be to blame. In a situation like this it is advisable to retain an auto accident lawyer in Memphis, TN.

Vicarious Liability in Auto Accidents

Vicarious liability  is a legal term that means to hold a party responsible for the actions of another person. When a company car is involved in an accident, vicarious liability would refer to holding the employer responsible for the actions of the employee who was driving the car. The reason an employer can be held responsible is because the employee is their agent – as long as they are on company time.

Fault Considerations

If your employer has paid for your company car, in order for the other party to recover from your employer, you, as the driver of the company car, must be at fault. If you are not at fault, then the other party will generally not be able to pursue your employer for damages.

When Vicarious Liability May Apply

Vicarious liability only applies in certain situations. An auto accident lawyer in Memphis, TN might first determine whether or not the employee was acting within the scope of their job at the time of the collision.

For instance, let’s say that an electrician service dispatches an electrician for a standard house call. On the way to the house, the electrician becomes distracted and collides with another driver. In this case, the other driver will likely be able to file a claim against the employer under vicarious liability.

Vicarious liability typically applies when at least one of the following holds true:

• The employee was running errands for the employer
• The employee was traveling to or from an appointment
• The employee was going to a training meeting
• The employee was directed to drive to a location at the request of the employer

Vicarious liability may not apply when:

• When the employee is driving to or from work
• When the employee was stopping for a break while driving to an appointment
• When the employee was going elsewhere from where the employer requested
• When the employee was under the influence
• When the employee was not working or on the clock

Who Will Make the Final Decision

Whether or not vicarious liability applies will largely depend on the facts of the case. Sometimes it will take a trial by jury to decide whether it will apply. In other situations, the employer or other party will agree on the facts and come to a settlement through negotiations. As a general rule of thumb, you should have a good auto accident lawyer Memphis, TN trusts on your side if you were driving a company car or you were injured by another driver of a company car.

Assessing Liability in Tennessee Car Accidents

An auto accident lawyer Memphis, TN chooses for representation following a car accident will likely focus on determining which driver or entity is liable for causing the accident. Liability determines which party’s insurer will be responsible for paying the damages.

Tennessee has a modified comparative fault-based system. This means that liability for any damages caused by the at-fault driver is the responsibility of that driver and the damages will be paid by the at-fault driver’s insurance company. Damages are the total of personal injury-related costs and property damage costs resulting from the accident.

In Tennessee, when both drivers are at fault, the injured person who is deemed more than 50% responsible for the accident may not be entitled to compensation. The driver who is less than 50% at fault is entitled, but with a catch. In other “fault” states, liability is all-or-nothing; in Tennessee’s comparative fault system, the award is reduced for the driver who is less than 50% at fault by the percentage at which they are at fault. As an example, if one driver is 85% percent at fault, and another driver has been determined to be 15% at fault, the driver who is more at fault will be responsible for 85% of damages. No damages would be awarded to the driver who is 85% at fault.

Steps to Take After an Auto Accident

An experienced auto accident lawyer Memphis, TN residents call understands that many victims may be in shock and traumatized after an auto accident. Thus, there is a strong understanding that when it comes to auto accidents, there are not only physical damage aspects that should be taken into consideration, but long lasting mental trauma from accidents, is also accounted for as well.  Furthermore, based on the severity of the physical and mental damage that was caused by an auto accident, this is where the amount of compensation can and will be determined, by a lawyer. However, in order to receive the compensation you deserve for your injuries, it is important to stay calm and follow these steps:

• Obtain a Copy of the Police Report. Police should be called to a car accident scene to take a report, especially if any individuals suffered serious injuries. When a person fails to contact the police at the scene of an accident, it takes away credibility, and people will be asked why they did not call the police sooner. Moreover, a police report includes important information about the car accident, including where it happened and who was involved. Remember to ask for a copy of this report before you leave the scene.
• Take Photos. If you are physically capable, try to take a few photos of the accident scene with your cell phone camera. Clear photos of your injuries, the damage to your vehicle, and any skid marks on the road may help your auto accident lawyer in Memphis, TN prove your case in court.
• Talk to Witnesses. If there were any witnesses who saw the car accident, it may be a wise idea to obtain their names and contact information. Your auto accident lawyer Memphis, TN respects may ask these witnesses to testify on your behalf in court.
• Seek Medical Attention. Even if your injuries seem minor, it may be in your best interest to seek medical attention as soon as possible. Sometimes injuries can be visibility external, when it comes to the severity. At the same time though, sometimes when people get injured in an accident, injuries are not outright visible, due to shock, or the fact that injuries may be internal. Moreover, some injuries such as whiplash are those that gradually have devastating effects over time. Whiplash is an injury to the neck that happens during a car crash.  This type of injury is not always felt at first.  However, over time, a lack of assessing one’s injury via x-rays, examinations, and more after a car crash, can lead to neck injury in the muscles, discs, and nerves.  This is why it is important to seek medical attention after a car crash, as soon as possible.
• Hire a Lawyer. A skilled auto accident lawyer Memphis, TN relies on may help you win compensation by gathering evidence and building a strong argument against the liable party.

Memphis Auto Accidents Infographic

Memphis Auto Accident Statistics

According to NHTSA, almost 43,000 people die in car accidents each year in the United States. In Tennessee, 1330 people were killed in 2022 (the latest year of statistics available at publication), which was a slight increase from 2021, when 1327 people died in crashes. Overall, nationwide, the number of fatalities continues to increase each year.

Memphis Auto Accident FAQs

How Do I Know if I Have Grounds Upon Which to File a Legal Claim?

In the immediate aftermath of a car wreck, it isn’t always easy to determine the “how” and “why” of the situation. Generally speaking, those involved in the crash may have some sense as to why an accident occurred but rarely does anyone possess all of the facts immediately. It is partially for this reason why it is so important to connect with an auto accident lawyer Memphis, TN motorists trust if you’ve been injured in an accident. You can’t necessarily know whether you have cause for legal action until a reputable attorney thoroughly and objectively evaluates your circumstances.

Most of the time, accident victims have strong grounds upon which to file a legal claim if another’s negligent, reckless, or intentionally harmful actions or inactions served as a direct cause of the injuries that the victim in question has suffered. However, this is a very broad standard that is applied in infinitely varied ways, as no two crashes ever unfold in exactly the same ways. As a result, it is vital that you have an experienced Memphis, TN auto accident lawyer evaluate your case before making any assumptions about the strength or weakness of your legal situation. You may be entitled to a great deal of compensation even if you have been led to believe that the collision that caused you harm was your fault.

Do I need a lawyer to help with my case?

If you have not suffered physical injury (or lost a loved one who died as a result of fatal injuries), you are not in a position to file a personal injury suit. Why? Crashes that result in property damage only are handled by insurance companies, not by the courts. With that said, it may be worth your time and effort to speak with an attorney about a non-injurious crash if your property damage was significant. Insurance companies like to devalue and reject claims when they believe that they can save money. Working with an attorney can help you to obtain any properly valued compensation that you may be owed.

What cases does an auto accident lawyer handle?

An auto accident lawyer has the skills, knowledge and experience to give you legal guidance on various cases. If you were a driver, passenger or pedestrian, you can go to a trusted and experienced accident lawyer for assistance with your claim. They will analyze your case and find out if you are eligible for damages.

Do I need to talk to a lawyer right away?

It is recommended that you do not wait too long to go to an auto accident lawyer for help. You should have a consultation with a lawyer as early as you can well before the statute of limitations is up. Preparing your case can take weeks, depending on its complexity. The sooner that you talk to a lawyer about your case, the better. They need to gather the evidence and facts of your case by analyzing documents, speaking to witnesses, interviewing experts, and other tasks.

How long do I have to file a claim?

The statute of limitations varies from state to state, but generally victims have two to three years to file an auto accident claim. This might seem like a long window of time, but gathering evidence can take weeks. Getting witnesses to come forward and provide information about your case can also take time, such as with a hit and run accident.

When can I expect results?

A case can take months to complete, but it may be even longer if you need to go to trial. The length of an auto accident case depends on a number of factors, such as the parties involved and whether the insurance company is willing to cooperate. You cannot always count on the insurance company to initially give you the best offer. If the insurance company is resistant to providing a more fair settlement offer, then your lawyer may decide that going to trial is necessary.

Patterson Bray PLLC, Memphis Auto Accident Lawyer

8001 Centerview Parkway, Suite 103 Memphis, TN 38018

Contact Our Memphis Auto Accident Lawyer Today

An auto accident lawyer Memphis, TN depends on can meet with you and determine the approximate amount of compensation to which you are entitled. At Patterson Bray, the approach we take in handling car accident injury cases is what sets our firm apart from the average auto accident lawyer in Memphis, TN. Other lawyers take on hundreds of cases and are often only interested in coming to a quick settlement of the case and avoiding litigation. Each auto accident lawyer Memphis, TN turns to at Patterson Bray is committed to getting our clients the maximum amount of compensation that is possible.