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January 23, 2021 In Auto Accident

What Should You Do Following An Automobile Accident? 

Auto Accident Lawyer

When you have been in an auto accident in Texas, you may wonder what kinds of rights you have when it comes to getting compensation and what kinds of responsibilities you have when you are at the scene of an accident. Understandably, when someone else caused the accident to happen you want to hold them accountable for their actions, especially when you have financial losses from the accident. When you have been in an accident, learn more about the next steps to take and what you can do when finding the responsible party. 

What should you do following an automobile accident? 

When you have been in an automobile accident, there are certain things you should do. For example, in Texas, any driver who was involved in an accident that resulted in an injury, death, or serious vehicle damage must call the local police department or sheriff’s office to report the accident.

What is the statute of limitations for automobile accidents? 

When you want to file a lawsuit against another party after a car accident, you will only have a certain amount of time to do so. Typically, in Texas, you must file a car accident lawsuit within two years from the accident occurring, as a lawyer like an automobile accident lawyer, can explain. 

Am I legally obligated to call my insurance company and report the accident? 

While most states do not typically have laws stating whether or not a person must report an accident to their car insurance company, you should take a closer look at the contract you signed with your insurance company. Reporting to your insurance company is not the same as speaking with the other party’s insurance agent. Your insurance company will likely be looking for evidence to show that you were not responsible because this will point to the other party’s insurance when it comes time to pay for the expenses. 

What is the “modified comparative fault” rule? 

When a person is in an automobile accident in any state, that state will have its own rules regarding how to determine what a person pays. Texas is known as a modified comparative fault state. Thus, if one party ran a red light a court may find them to be 90% at fault for the accident. If the other party was eating a sandwich while driving, the court may find that they were distracted and 10% at fault for the accident. So, if you are 10% responsible for the accident, your damages awarded will be reduced by 10%. Whatever your situation, working with a local attorney can help when you need guidance and legal aid for your case. 

June 23, 2020 In Auto Accident

Uber and Lyft Accidents Differ From Normal Ones

Auto Accident Lawyer

Filing a claim after getting in an accident with a ridesharing company like Uber and Lyft can process similarly to those of normal accidents with private citizens. It depends heavily on the situation, though. Uber and Lyft both have immense insurance policies to cover accidents, but your accident must fall in the parameters of certain criteria for it to apply. Trying to make a claim with the companies without understanding how their insurance works could be a mistake that leads to lost time. Here are what you might see in an accident with one of their drivers.

Who Pays

Compensation for injuries and damages often falls to the insurance company of the negligent driver. Since that driver is at fault for causing the accident, it makes sense that their insurance should be responsible for covering everyone involved. In ridesharing cases, you cannot assume that Uber and Lyft will be the ones to foot your bill. Oftentimes, it can be the company driver’s personal insurance that you file a claim with. Only accidents that occur in specific situations can involve claims with the big companies.

Types of Accidents

There are three different scenarios dependent on the Uber or Lyft driver that determine who pays your compensation.

  • A driver who is not on the job: if an Uber or Lyft driver is not on the app when the accident happens, the company cannot be held liable for damages
  • A driver who is on the app with no passengers: if the driver is on the app or going to pick someone up, the ridesharing company is still not likely to be liable, though some states may require they pay some of the bill
  • A driver is on the app and carrying a passenger: this is when the $1 million coverage comes into play from Uber and Lyft’s insurance policies

Only in the third situation will the large policy cover everyone involved in the accident: drivers and passengers. You can only make this claim if you have evidence proving that the company driver was negligent and caused the accident.

Passengers

If you are injured in a ridesharing accident as a passenger, proving negligence has nothing to do with you. Instead, you simply file a claim for your injuries from the insurance of whoever is at fault.

If you’re having a difficult time dealing with insurance companies or feel you’re not getting rightful compensation, talk to an attorney, he or she can help you navigate your situation and get you on the right path to recovery.

April 25, 2012 In Auto Accident

Car Wreck Case- What is negligence by the other driver?

Car Wreck Case- What is negligence by the other driver?

car wreck case lawyer in memphisIn a car wreck case, or any other case, “negligence” is the legal term for failing to exercise reasonable care and caution under a given set of circumstances.  It is commonly referred to as “the ordinary, reasonable person” standard.  Legal liability is assessed when a person fails to follow society’s most basic “rules of the road” so to speak.

Examples of negligence

Some examples of negligence might include:

  • Running a red light and causing a car wreck.
  • A hurried doctor who fails to follow correct protocol and thus fails to diagnose a curable disease.
  • A nurse who fails to check the medical chart and who then dispenses the wrong medication.
  • A store owner who fails to mop up a known puddle on the floor.
  • A pharmacist who dispenses the wrong dosage of medication.
  • A contractor who fails to adhere to building plans or skirts building codes.
  • A child care center that fails to conduct background checks before hiring employees to care for children unsupervised.
  • A lawyer who fails to file his client’s lawsuit before the statute of limitations expires.

Elements of Negligence in a Car Wreck Case

In a negligence case, a plaintiff is required to prove five elements:

  1. that a duty of care was owed by the defendant;
  2. that the defendant failed to live up to that duty (i.e. referred to as a “breach of duty”);
  3. that an injury or loss occurred;
  4. that the breach of duty actually caused the injury or loss; and,
  5. proximate or legal cause.

Would you like to talk with a Car Wreck Case Lawyer?

Please call our office at 901-372-5003 to speak with one of our experienced car wreck case lawyers. We would be honored to represent you.

Visit our website to learn more about the work we do representing victims of car accidents.  We even have a “Frequently Asked Questions About Car Accidents” page you can visit to get answers to your basic questions.

 

Patterson Bray PLLC

8001 Centerview Parkway, Suite 103

Memphis, Tennessee 38018

(901) 372-5003 Office

(901) 383-6599 Fax

 

December 16, 2011 In Auto Accident, Business Litigation, Civil Litigation, Contracts, General, Personal Injury

What is a Deposition? Law FAQ

Deposition victim attorney in memphis

What is a Deposition?

A deposition is similar to a witness testifying in court, except that it occurs in an out-of-court setting.  A witness at a deposition is referred to as the “deponent.”  A deposition usually takes place in a lawyer’s conference room, although I’ve personally been involved in depositions that took place in homes, hospitals, and even over the telephone.

It’s a chance for lawyers to ask questions and get answers from a witness under oath.  A court reporter is present to make a record of the questions and answers, which is then usually reduced to writing in what’s called a “transcript” of the proceedings. Sometimes a videographer will also be there to film the testimony.

Depositions are part of the “discovery” process of a lawsuit.  Each side has the right to discover information about the other side’s allegations. This is accomplished by things like written questions, production of documents, inspection of property, independent medical exams, and depositions.  Rule 30 of the Tennessee Rules of Civil Procedure governs depositions in Tennessee.

Do we really need a deposition? Isn’t it expensive?

A deposition can be expensive, but it’s perhaps the most useful tool in a lawyer’s discovery toolbox because it allows for real-time follow-up and feedback.   One of the most useful benefits is that, with some exceptions, it can be used to preserve and/or “lock in” crucial testimony.  A transcript can be admitted as evidence in court if the witness later becomes unavailable for trial (e.g. death, incapacity, outside the reach of court’s jurisdiction, immune from subpoena, etc.).  A transcript can also be used to impeach and cross-examine a witness who shows up for trial with a different version of events.

Depositions are Serious Business.

A deposition is a very serious matter with serious potential consequences.  Remember, the transcript may be used in court. If you are the deponent, you should treat your deposition as if your testimony is occurring right in the courtroom in front of the judge and jury.

Need a lawyer in Memphis?

We’d be honored to represent you. Call us at 901-372-5003 or email us here.

August 19, 2011 In Auto Accident, Civil Litigation, Personal Injury

What is uninsured motorist coverage, and how much do I need?

What is uninsured motorist coverage, and how much do I need?

uninsured motorist coverage lawyer auto accidentUnder Tennessee law, a driver is required to maintain liability insurance to cover any damages that the driver might cause in a car wreck or related accident.  That way, innocent victims are protected. Unfortunately, though, the minimum legal limit required under Tennessee law for liability coverage is only $25,000 — which is extremely low.  A car wreck can easily exhaust $25,000 in coverage.  And, of course, many drivers choose to violate the law by not carrying any auto insurance at all.  We see it all the time here in Memphis. This is why you need uninsured motorist coverage or “UM” coverage.

What happens if I get hit by a driver with little or no liability insurance?

This is where your own uninsured motorist coverage or underinsured motorist coverage would kick in to protect you.

In insurance lingo, uninsured/underinsured motorist coverage is typically referred to as “UM coverage.”  UM coverage is included as part of your own liability policy, and it is usually the same amount as your liability coverage.  So, if you have $50,000 in liability coverage, then you also have $50,000 in UM coverage.  The UM component of your policy essentially makes up the difference for any deficiency in the liability coverage of the negligent driver.

But there’s a catch:  UM coverage is only available to the extent your own policy limit is greater than the policy limit of the negligent driver in the auto accident.

Examples of How Uninsured Motorist Coverage Works

Example 1:  Our client suffered spinal injuries and a broken pelvis in a car crash requiring significant surgeries and medical treatment.  The negligent driver only had $50,000 in insurance coverage, but fortunately, our client carried $250,000 coverage of her own.  We were therefore able to negotiate a total settlement of $250,000 (the first $50,000 from negligent party’s insurance company and the remaining $200,000 from our client’s own insurance company).  

Example 2:  Our client was partially paralyzed in a car crash. Unfortunately, the negligent driver only had $25,000 in liability insurance coverage, and the client only had $50,000 herself.  As a result, the client was only able to recover a total of $50,000 ($25,000 from negligent party’s insurance company plus an additional $25,000 from her own insurance company).  The negligent driver had no assets to pursue.

Review your insurance policy today and check your coverage.

The examples above highlight a very important LESSON.   While it may be tempting when buying your own insurance to choose the cheaper option of low liability limits, you must remember that you are not just choosing liability protection for others, or making a risk calculation about whether you think you are a safe driver who may never  cause an accident or need liability coverage.  Indeed, when choosing your coverage limits, you are — in effect — also choosing the insurance limits that will cover your own family if a potential UM coverage situation occurs where an uninsured driver negligently crashes into you or another member of your family.  In other words, low liability limits may seem like a bargain until someone with little or no insurance causes a catastrophic injury to you or someone in your family.  Often, the marginal price for an increase in coverage is quite minimal.  And well worth it!

If you need a car accident lawyer

If you’ve been in a car crash, even relatively minor injuries can be overwhelming. Medical treatment can be  expensive, and injuries often result in lost wages. We would be honored to review your case free of charge.  Please either submit an online request for a Free Case Review, or call to speak with one of our car accident lawyers at 901-372-5003.