Car Accident Lawyer for Distracted Driving

If you were injured in a car accident because of a distracted driver, you may have the right to pursue compensation for your tangible and intangible losses. The sooner you ask a car accident lawyer in Memphis, TN to review your case, the better.

Distracted Driving

Distracted driving includes a broad range of behaviors that take the attention of a driver away from the road and focus it on something else. Most distracted driving accidents are associated with cell phone usage; however, it is not the only activity that may lead to a collision. A car accident lawyer in Memphis, TN has known of cases to involve other distractions including:

• Applying makeup
• Changing the radio
• Talking on a cb radio
• Eating or drinking
• Conversing with passengers
• Fidgeting with objects

Car accident lawyers in Memphis, TN represent people who have been injured or died because of a distracted driver.

The Dangers of Driving While Distracted

Whenever a driver looks away from the road, removes their hands from the wheel, or loses their focus from driving a vehicle, the consequences of doing so can be significant – even deadly. It takes a split second for a person in front of the distracted driver to hit the brakes, or for an object to fly out onto the road. If the driver fails to see or notice this, they may be unable to react; therefore, could cause an accident.

According to the NHTSA, between 60 and 80 percent of car accidents are the result of distracted driver. The administration also claims:

• Texting while driving can increase the risk of an accident by 23 times.
• Reaching for an object can increase the risk by 9 times.
• Looking at an object outside of the car can increase the risk by approximately 3.7 times.

The latest statistics claim 387,000 people were injured in 2011 and 3,331 people lost their life because of a distracted driver. The biggest tragedy is that distracted driving is preventable. As a car accident lawyer for injuries caused by a distracted driver we find these types of collisions to be unfortunate and unacceptable. Rest assured we will do whatever we can to recover maximum damages.

Proving Distracted Driving

To recover monetary damages in claim or lawsuit, you will need to prove the other driver:

1. Owed you a duty
2. Breached that duty – in this case, was distracted
3. Caused you injury

Today, police are more equipped with the knowledge and equipment to look for distractions as a cause of the accident. Sometimes it will also require an investigation of eye witness reports or surveillance footage to prove distracted driving.

What Are Economic Damages and Noneconomic Damages?

When a person is injured in an accident caused by another party or parties, the law says the at-fault party is responsible for any financial costs associated with those injuries. The goal of a car accident or personal injury claim is to “make the victim whole again” and part of that process is reimbursement of financial losses the victim suffered. It can also account for future medical expenses such as additional surgeries.

A seasoned car accident lawyer Memphis, TN families rely on may be able to obtain both economic and noneconomic damages for a victim, depending on the circumstances of the accident. The difference between the two is that economic damages are those items which have an actual dollar value such as medical bills and lost income. Noneconomic damages are awarded to the victim for things like pain he or she has endured from their injuries, or emotional distress. In some situations, your Memphis car accident lawyer may also be able to get you punitive damages.

What Are Economic Damages?

As a car accident lawyer Memphis, TN clients recommend can explain, there are many types of losses for which a victim may be able to collect economic damages. It is important for victims and their families to keep receipts and document any financial expense that is a result of the accident. Reimbursement of economic damages can include any or all of the following:

• All diagnostic testing, including X-rays and MRIs;
• Prescription as well as over-the-counter medication;
• Costs of transportation to and from facilities for medical services;
• Emergency room visits;
• Fees for ambulance transportation;
• Hospital stays;
• Physical, occupational, and mental health therapy fees;
• Any medical devices or equipment needed, such as crutches and wheelchairs.
• Any remodeling required to your home in order to accommodate limitations your injury may be causing, such as wheelchair ramp;
  · Wages not earned due to missed time from work;
  · Reimbursement for work benefits used towards missed time, including personal days, vacation days, and sick days.
  · Loss of future income because of permanent injury that prohibits you from being able to do the job you had prior to the accident.

What Are Noneconomic Damages?

Noneconomic damages are intended to compensate the victim for the negative impact their injuries have made on their life. Since there are no actual financial costs associated with noneconomic damages, these damages are awarded based on the extent of the victim’s injuries. In addition to the documentation and receipts collected for economic damages, victims should also keep track of their medical appointments, when their injuries prevent them from performing an activity or task, and incidents of pain. Your car accident lawyer Memphis, TN locals call can use all of this documentation as evidence in order to obtain noneconomic damages for you.

There are several ways noneconomic damages may be calculated. One of the most common ways is to rate the severity of your injuries on a scale of one to five. Then that number is multiplied by the total amount of economic damages you receive.

Punitive Damages

Although not commonly part of a personal injury claim, there are cases where punitive damages may be awarded. The courts may award punitive damages as a way to “punish” the defendant when their reckless or negligent behavior that the accident is so egregious it warrants punishment. Punitive damages are also meant to send a message to “society” that this type of dangerous behavior is unacceptable. A car accident lawyer Memphis, TN victims recommend can determine if the circumstances of your case may qualify for punitive damages.

One example of when punitive damages may be awarded is in drunk driving accidents. When a person gets behind the wheel of a vehicle when they are under the influence of alcohol – or some other substance – then they are clearly breaking the law. If a driver causes an accident because they were drinking, then juries often determine that driver should be punished for their reckless and illegal actions.

A car accident lawyer Memphis, TN drivers depend on also knows that if the at-fault driver has any criminal charges pending because of the accident – such as a DUI charge – the criminal case is completely separate from any civil case the victim can file. Many victims they think they have to wait for the conclusion of the criminal case before they can bring forth their personal injury claim. However, not only is this not necessary, it can actually hurt their case in the event the statute of limitations runs out before the criminal case has been adjudicated.

A car accident lawyer Memphis, TN trusts knows that under Tennessee law, a victim only has one year to file a personal injury claim against the person responsible for the accident. If that statute expires, victims lose their opportunity to sue. This is also true in wrongful death claims. Families of victims killed in car crashes only have one year to file a lawsuit. Our car accident lawyer in Memphis, TN can determine when the clock began ticking in your case and when the statute expires.

Tips for Road Safety During the Holiday Season

Are you planning on traveling during the holidays? If so, it is important for you to stay safe on the road. Even though you put safety at the top of your priority list when you get behind the wheel of a car, not everyone else will do the same thing. Some circumstances are out of your control. If you are involved in a motor vehicle accident during the holiday season, trust a car accident lawyer in Memphis, TN, such as the team from Patterson Bray, to defend your rights. How can you stay safe on the roads during the holiday season? 

Allow Extra Time While Driving

The roads are always heavier during the holiday season, so you need to allow extra time when you drive from place to place. If you do not allow extra time, you could get frustrated when you get stuck in traffic. This could cause you to take unnecessary risks. Do not let this happen to you. Keep your stress level low by allowing extra time in case you hit traffic. 

Minimize Distractions in the Car

In addition, you should try to minimize distractions in the car. If you are traveling with children, try to find a way to keep them quiet and occupied. You should try to turn off your phone while driving. You may want to avoid eating while driving as well. All of your attention needs to be on the road. Unfortunately, distracted driving is a common cause of motor vehicle accidents, and it could be a reason why you have to call a car accident lawyer in Memphis, TN. 

Listen to Road Alerts

Finally, you should pay attention to road alerts. Accidents are always more common during the holidays, and you need to be aware of any obstructions, traffic jams, or detours that you have to take. You may want to pay attention to local radio stations that can let you know if an accident has occurred. That way, you may be able to avoid a dangerous situation. 

Reach Out to a Car Accident Lawyer

It is important for you to do everything you can to stay safe on the roads during the holiday. If you have been involved in a motor vehicle collision, you need to rely on a car accident lawyer in Memphis, TN, such as a lawyer from Patterson Bray, to protect your rights. You could be entitled to compensation. 

When it comes to car accidents it is easy to get hurt. If you’ve suffered an injury from a car accident it is in your best interest to contact a car accident lawyer in Memphis TN today.

Common Car Accident Injuries 

While you can’t predict other drivers on the road there are steps that can keep you safe. Assuming you are following the proper safety rules here are some of the injuries that could happen. 

Whiplash

Whiplash is the common name for the muscle, ligament, and tendon injures that can happen in a car accident. During a car accident, your body often moves suddenly and faster than you would ever more on your own. This can cause strain to your muscle and other soft tissues without breaking the bones. In most cases, whiplash isn’t life-threatening but it can be seriously painful and take time to heal.

Scrapes and Cuts 

There are often scrapes and cuts that happen during a car accident. In most cases, these aren’t the worst, but they can be. They can be a risk for infections and other complications. You may receive these cuts from the impact of your vehicle or even loose projectiles like your phone.

Head Injures 

Traumatic brain injuries and other brain injures can cause immediate injuries and complications that last far into the future. If not treated properly these head injuries can cause long-term problems with brain functions as well as headaches and difficulty sleeping. It can be difficult to diagnose a brain injury right away and you may need to have a deliberate teaching plan to avoid complications. 

Broken Bones

Broken bones are common in many accidents that happen. When an unnatural amount of force is on your body it can cause your bones to break. Broken bones can be easy to fix or they can require extensive surgery. 

Internal Bleeding 

Internal bleeding can be dangerous. You may not know you have it until it is too late. This is why it is important to seek medical attention right after a car accident as just because you feel fine, there could be something serious lurking under the surface.

Post-Traumatic Stress Disorder 

Not all injuries are physical. Your mental health can suffer too and this can leave you needed treatment just like a physical injury does. It can make things impossible to do and just going about your day can be difficult. It is possible that you will need therapy and that should be treated just like you have a broken bone. Your brain needs time to heal emotionally too. 

Car Accident Lawyer Memphis, TN

When you are injured in an auto accident it is often in your best interest to talk to a car accident lawyer in Memphis, TN. No matter where you are in the world an unexpected accident can cause painful injuries that can impact you for weeks or even years to come. This can drastically change the way you live your life and it can mean lost income as well. Call Patterson Bray today!

What Happens if the Other Driver was Uninsured?

ou are required by law to insure your vehicle, which makes it all the more important to contact a qualified car accident lawyer in Memphis, Tennessee, if an uninsured driver hits your vehicle. While the majority of people on the road drive responsibly and have solid insurance for their cars, there is always the unfortunate possibility of being hit by someone who has neglected to insure their vehicle. In these cases, it’s important to contact your insurance provider to ensure you receive enough compensation (after all, it’s what you pay them for).

If you’ve been involved in a car accident with an uninsured driver, you might be feeling a little overwhelmed and a little frustrated. However, it helps to look at your situation rationally, and it’s always a good idea to contact a car accident lawyer if you want to pursue additional compensation – or if you’re just wondering if that option would be possible in your case. Every car accident is different, and having an expert walk you through your next steps means having a knowledgeable friend on your side when things are hardest for you.

After an Accident With an Uninsured Driver

It’s frustrating. You have insurance, and the other driver didn’t, and now you’re stuck filing a claim with your insurance company and wondering if it would just be easier to pay out of pocket for your repairs. Being hit by an uninsured driver is almost like being involved in a hit-and-run: in both cases, a driver is being grossly irresponsible and breaking the law, and in both cases an ordinary law-abiding driver gets to deal with the headache. And while you filed a claim with your insurance provider, they could be taking a long time to get you the payment you need.

Many insurance companies take good care of their customers. However, there are just as many that purposefully hold onto your money for as long as possible. Insurance companies make lots of money by holding onto money and letting it generate interest, so you might need a helping hand to persuade them to hand over your compensation as soon as possible. Fortunately, a car accident lawyer in Memphis, TN, is just the helping hand you need.

What a Car Accident Lawyer Can Do for You

Every car accident means trouble, even if the other driver had proper insurance. You could be looking at costly repair fees, and even more costly medical bills. In an ideal world, insurance would cover the full cost of an accident, but there’s no telling how expensive medical care can be, and there’s no telling how difficult it can be to balance your financial obligations while you’re stuck recovering. Lost wages can make a huge dent in your finances, and if you were relying on paychecks to stay afloat, you could find yourself sinking into a debt, fast.

A car accident lawyer can help you determine if any other parties could be held at fault for your accident, and they can negotiate with stingy insurance companies to make sure you get the money you deserve for the recovery you need. Don’t hesitate to reach out to a qualified car accident lawyer in Memphis, TN – get in touch with Patterson Bray today.

Why You Should Hire a Car Accident Lawyer

If you’ve been in a recent car accident, you are undoubtedly dealing with many difficult decisions. Even if both you and the other driver were completely insured, the aftermath of a car accident is exhausting. Depending on the severity of the collision, you could be looking at hospital bills and car repairs, all with due dates. If you want to take some stress out of your life, hire an experienced and reliable car accident lawyer. They can help you manage your recovery and navigate any legal processes.

Help With Liability Claims

One of the things a car accident lawyer in Memphis, TN, can help you with is liability issues. No matter what the circumstances of your accident are, there is a liable party. If you’re trying to deal with the aftermath of your accident alone, any liability issues can be confusing. If you hire a lawyer from Patterson Bray, you can get help with any liability claims you’re facing. The knowledge a practiced lawyer has is invaluable and could help your case immensely.

Experience With Settlements

Another thing a Patterson Bray attorney can help you with is a settlement. Many insurance companies will push for a settlement before a case goes to court, but they may not offer you the appropriate amount for the circumstances of your accident. If you feel like you’re not getting a sufficient enough settlement, contact a car accident lawyer in Memphis, TN. They can help navigate the negotiation process and ensure you get the correct settlement. The experience an attorney has could make all the difference in the size of the payout you receive.

Investigation Into Your Case

Finally, an experienced car accident lawyer in Memphis, TN, can conduct a thorough investigation of your case. In any liability case, it’s easy for inexperienced people to miss relevant details. These details could make the difference between a win or a loss in court, so it’s important to have all your information together. In a car accident lawsuit, there are different physicians and professionals your lawyer needs to contact. Each of their testimonies will help build your case and solidify your claim. An experienced attorney, such as those at Patterson Bray, can ensure everyone relevant to your case is heard from. A lawyer who knows the ins and outs of the legal system is your greatest asset when you’ve been in an accident.

Ensure Your Coverage

If you have serious injuries from a car accident and the case seems like it won’t go in your favor, speak with an experienced car accident lawyer. They will help you present your case as fairly and honestly as possible while protecting your rights to coverage, especially when the accident was the other party’s fault.

What Is a Compulsory Medical Examination?

A compulsory medical examination (CME) is a tool used by insurance companies and insurance defense lawyers, often to work injury claims to their advantage. Insurance companies retain a group of doctors to examine car accident injuries, and some people claim these doctors, hired by the defense, are paid very well to minimize the severity of your injuries. Granted, insurance fraud costs insurance companies billions of dollars every year, and so they might even hire an investigator to watch and videotape you traveling from your home to work to see if you are faking your injuries.

Car insurance policies have two clauses that require different things from you as the policyholder:

• That you comply with requests by the insurance company.
• That you attend a physical exam by one of their doctors, and potentially more than once.

The whole purpose of this exam is to either deny coverage for your injuries or to reduce what they will owe you in the end.

Two-Part Exam

There are two parts to the exam:

• Oral: The doctor will speak with you for about 20 minutes and make notes, not only about what your observations of your injuries are but also your conduct throughout the visit.
• Physical: The doctor will examine your injuries for about 10 minutes and record your symptoms.

If you ever have to go through this type of exam, it’s important to remember that this is not your doctor. This is someone with a bias that will try to disprove as much of your case as they can in their reports. So, it’s better to be polite but not overly friendly with them and stick with the facts when describing any pain or injuries. Make sure to be ready to accurately describe the pain, movement restrictions, daily tasks that have become more difficult, etc. You should also prepare an accurate description of your medical history.

Many lawyers recommend that you schedule a visit with your doctor on the same day as your CME, so they can compare the two reports. In some cases, your lawyer at Patterson Bray will request a video recording while the CME is going on just to prove how little they do during the exam and whether they are ignoring obvious signs of injury.

Why Work With A Memphis Personal Injury Lawyer

Technically you have the right to represent yourself and file a personal injury claim on your own. Unless your injuries are very minor, however, it is advisable to turn to a lawyer for representation. Because most lawyers work on a contingency fee basis, you risk nothing except a small fraction of your time. More importantly, you may take advantage of the following benefits:

1. Fair Compensation

When you file a claim, some insurance adjustors do whatever it takes to get you to settle for the amount they are offering you. In fact, they might tell you that this amount is more than what a lawyer will get you, or they may attempt to persuade you through other manipulative statements. Remember, it is their job to pay out as little as possible. By working with a personal injury lawyer Memphis, TN has to offer, you can feel confident in knowing that you are demanding the compensation that you deserve — and this amount may be much higher than the initial offer from the insurance company.

2. Protection of Your Rights

Many people who do not have a degree in law lack a full understanding of their legal rights. This leaves the door open for insurance companies, investigators, or other parties to implement clever tactics, that may infringe upon your rights. By retaining a personal injury lawyer Memphis, TN trusts, your rights will be protected to ensure you do not get taken advantage of or led in the wrong direction.

3. Full Investigation of Your Claim

Personal injury claims often have a lot of evidence that can help your defense, but this evidence may be easily overlooked or disregarded. This is especially true in complicated cases that may be worth millions of dollars. A personal injury lawyer Memphis, TN provides can assess the current evidence and make a deducted decision on whether or not a second or third private investigation is needed. If so, the costs could be covered and taken out of your winning amount.

4. Legal Support and a Friendly Shoulder to Lean On

Finally, by choosing to have a personal injury lawyer in Memphis, TN on your side, you can feel peace of mind in knowing that you have the utmost support to reach out to during these turbulent times.

If you are ready to schedule a consultation with Patterson Bray, a personal injury lawyer Memphis, TN respects, please call 901.372.5003.

What Is Negligence?

Negligence is the failure to take proper care when performing an action. Legally speaking, negligence is determined by comparing one person’s actions to that of a competent, typical person of similar circumstances. For example, if a driver runs a red light and hits another driver, they were negligent because they did not follow the rules of the road in a way that any competent person with a driver’s license would have.

How do you prove someone was negligent?

In order to prove that the other party involved in the accident was negligent, the plaintiff must prove five things.

1. 1. The defendant owed a duty to the plaintiff. That simply means that the defendant was expected to act in a certain way toward the defendant.

1. 1. Proving that the defendant owed the plaintiff a duty is not enough. Then, they must prove that the defendant breached that duty by failing to exercise reasonable care.

1. 1. Then, the plaintiff must prove that the breach of duty is the direct cause of their injuries.

1. 1. They must then identify the scope of the defendant’s responsibility. In other words, the defendant can only be held responsible for harms that they could have foreseen.

1. Finally, the plaintiff must prove that the injuries caused resulted in actual damages such as medical bills, loss of enjoyment of life, loss of a job, and so forth.

Is there any other basis for personal injury liability besides negligence?

A personal injury claim usually hinges on the fact that the injured party’s pain and suffering was caused by the other party’s negligence. For example, in a slip and fall claim, the person who fell and got hurt was the result of the property owner’s negligence. In a car accident, the driver who was injured was hit by a driver who was not exercising reasonable care on the road. In most cases, once negligence is proven, the injured party can begin negotiating a settlement claim.

But is negligence the only basis for a personal injury claim?

While negligence is the most common basis for a personal injury claim, it is not the only one. There are two other ways that you can prove that another party or entity is liable for your personal injury.

Strict liability is another way to prove liability for an injury that was caused by designers and manufacturers. When a person is injured as a result of defective products, they do not have to establish the negligence of the manufacturer. They can instead show that the product that caused the injury was designed or manufactured in a way that made it dangerous when it was used as intended.

Intentional wrongs is another, more rarely utilized, the basis of personal injury claims. For example, if someone intentionally hit you, they can be sued for personal injury by way of battery. The person who injured you can be criminally liable and civilly liable.

Contact a Personal Injury Lawyer Memphis, TN Families Depend on Today

If you would like to find out if you have any legal recourse against the party you think was responsible for your injuries, contact a personal injury lawyer in Memphis, TN from Patterson Bray today at 901.372.5003 for a free case evaluation.

Types of Damages In A Personal Injury Claim

When a victim files a personal injury claim, there are different types of damages they may be able to collect. Your personal injury lawyer Memphis, TN locals turn to can explain to you the types of damages you may be entitled to, but in general, these damages include:

• Medical expenses: All injury treatment costs are covered under a personal injury claim. This includes not only past expenses, but all future expenses if the injury has left the victim with a permanent disability. These expenses can include doctor’s visits, surgeries, medication, medical equipment, and physical therapy.
• Lost Wages: It is not uncommon for injured victims to be unable to work while they recover from their injury. A personal injury settlement can cover the amount of income the victim has lost. They may also be able to cover the loss of future income if the injury leaves them with a permanent disability that prevents them from working.
• Other Losses: A victim can also be awarded damages for the pain and suffering the injury caused them, as well as the emotional anguish they may have had to deal with because of the situation. Depending on the long-term effects, a victim may also receive compensation for the loss of the ability to perform daily activities and loss of consortium. A personal injury lawyer in Memphis, TN can evaluate your case and determine what losses you have that you can pursue damages for.

If you or someone close to you is suffering because of someone else’s neglect or reckless behavior, call Patterson Bray today at 901.372.5003 for a free case evaluation with a respected Memphis, Tennessee personal injury lawyer.

When You Need a Memphis Personal Injury Lawyer

A seasoned personal injury lawyer in Memphis, TN clients recommend being aware that when a person has been injured in an accident, not only are they dealing with the recovery of that injury, but they often face financial stress caused by medical expenses and loss of income from being unable to work. These factors can feel even more stressful when the injury was caused by another party’s negligence.

At Patterson Bray, we have been fighting for injured victims for decades and work aggressively to get our clients the financial compensation they deserve for the losses their injuries have caused. If you or a loved one has been injured in an accident, we are happy to discuss your situation and how we may be able to help.