Articles Posted in automobile accidents

So your lawsuit has been filed, depositions take and a trial date set. You are preparing yourself to tell the jury what you have been though and then an offer to settle comes from the defendant. Do you take it or go to trial? What a hard decision to make but a decision that our injury clients have to make all the time. As a lawyer when this happens I feel it is my job to make sure my client makes an informed decision. They need to know what is involved at trial, what do I think will be a likely outcome and why I see it the way I do. However, it is ultimately my client’s decision. They are the boss.

I was recently interviewed about this common dilemma. You can watch the interview below:https://www.youtube.com/watch?v=sW31bsdcSCA
 

In general, here are some of the factors my clients will consider when determining whether to settle:

TIME: Lawsuits take time and we all know that a dollar today is worth more than a dollar a year from now. As such, everyone needs to consider how long the litigation will take when considering an offer. Is it likely worth the wait? How far away is trial? These are all questions that come into play when considering an offer.

COSTS: The Higgins Firm will front all the costs on our car accident cases, however, not all of the costs are recoverable at trial. As such, the costs can reduce the net recovery. Because of this we don’t spend money unless we feel it will make our client more money but again these are factors in that need to be considered.

STRESS: Jury trials can be stressful. Car Accident Trial Lawyers love going to court but most of our clients had rather be with their family or at work than explaining their life to a jury full of strangers. That being said it is a wonderful system. We have found over the years that when we have a case that needs to go in front of the jury most juries can tell our clients are good honest people who have generally never been in a lawsuit. Regardless, this is a factor that will be considering when determining whether to settle a serious injury lawsuit or taking it all the way through trial.

FUTURE LOSSES: When considering whether an offer is fair we also need to consider whether the money will cover future damages. These may include future surgeries, time off work, lost wages, pain and suffering. Sometimes it may be difficult to know if future medical treatment will be needed so we rely on medical experts to help us with this question. Obviously there is no crystal ball but a good doctor can tell us whether surgery or future medical problems are likely.

FAIRNESS: This one is hard to explain but there is often a component of does the offer seem “fair” in light of what you have been through and what you are going through. Obviously, all of my clients would have rather of never been injured in the first place so to some extant there is no amount that is “fair”. However, you need to consider what a jury would likely think is reasonable. That can be a tough call but something you must consider when determining whether to accept an offer.
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Unfortunately automobile accidents occur on the roadways every day. Being in an accident can be both confusing and overwhelming. Knowing how to handle the consequences of an accident can ensure that you make the best of a bad situation. We have provided a few tips that you should follow if you are involved in an accident.

What to Do
Call 911 for medical attention if anyone is hurt in the accident.

Call the police so that they are able to document the accident.

Exchange information with the other party. Be sure to exchange addresses, phone numbers, insurance information, driver’s license numbers, license plate numbers, and any information regarding what type of vehicle is involved.

Document the scene of the accident with any photographs. Photograph the damage to the vehicles.

Report the accident to your insurance company.

What NOT to do
Do not panic. It is important to remain as calm as possible.

Do not leave the scene of the accident without exchanging information and talking with the police.

Do not forget to document the scene of the accident with photographs, notes, or other evidence.

Do not agree to any settlement until you have spoken with a Tennessee car accident attorney.
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Tennessee has lost out on a considerable amount of federal funding because of its weak Driving and Texting Laws. The National Highway Traffic Safety Administration has determined that Tennessee will not get hundreds of thousands of dollars reserved for only those states meeting certain specifications in their texting while driving laws. Congress provided strict standards in determining which states would receive the federal grant money. Tennessee does not meet the specifications set forth by Congress because it has narrowly defined texting while driving and the penalty for violating the law does not increase for repeat offenders.

The current law which was passed in 2009 bans sending or reading electronic messages only while the vehicle is in motion. However, to qualify for the grant, the state law must make it illegal to send or read electronic messages regardless of whether the car is in motion or not. In addition, the current fine for texting while driving in Tennessee is $50 without an increase for repeat offenders.

Although there are mixed feeling about a state receiving federal funds, there should not be any mixed feelings on whether our law on distracted driving need to be improved and enforced.

Our office has handle catastrophic car accident claims for years. When we first started these cases we would see the horrible impact of drunk drivers. Although we still see those cases the devastating impact of driving and texting has become much more common. Recently, I was interviewed about this trend. You can watch the interview below:

 
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Being involved in some type of accident or injury can obviously be a traumatic and sometimes life-altering event. You may not know what your next step should be. If you have been injured, you may likely have some questions related to your injury. We are frequently asked a number of questions from our clients and potential clients. We have provided our answers to some frequently asked questions related to potential personal injury claims. If you have further questions, contact our team of Tennessee personal injury attorneys at The Higgins Firm.

How much is my case worth?
Although this question is frequently asked, it is not as easy to answer. Every case is different. There are a number of factors that can determine just how much your case may be worth. Assuming that there are not any issues with the liability of the injury, the amount that a case is worth can be determined by five different areas which may include:
• Past medical bills related to the injury • Future medical bills related to the injury • Any wages lost as a result of the injury • The loss of earning capacity as a result of the injury • Any pain and suffering as a result of the injury
However, there is not any certain calculation that can determine exactly how much you may recover. Rather, the true value can be based on the strength of your case. A strong case is typically built upon evidence that demonstrates what happened and why you should recover. The strength of your case can be analyzed by determining whether there may be discrepancies in your testimony, medical records, or any other types of evidence that may negatively affect your case.

In addition, other factors may affect how much your case is worth. One of those factors is the degree of injury that you sustained. Obviously if you have sustained a more severe injury, you are more likely to recover a larger amount due to the type of injury and the cost of recovery. However, other factors could affect the amount that you may be able to recover including whether you were at fault, your employment history, your ability to work, your life expectancy, and your lifestyle.

How long does a personal injury lawsuit last?
It can be hard to determine exactly how long your personal injury lawsuit may last. As stated above, every case is different. Because of that fact, there is not a specific timeline that can be provided. Some cases may last as little as a few months. Other cases may last several years. It often depends on the opposing party’s willingness to settle the case.

Do I need a lawyer?
There are sometimes when you may not even need a lawyer. If you have only suffered minor injuries as a result of a car accident or injury, it may not be cost effective to hire a lawyer. However, there are other times when a lawyer is definitely needed. We encourage you to consider hiring a Tennessee personal injury lawyer if any of these situations apply to you:
• You sustained serious injuries with potential long-term effects.
• The other driver was uninsured or underinsured.
• There is a dispute as to who is at fault for the injury or accident.
• You are feeling pressure from a claims adjuster to agree to a quick settlement.
• You feel that you have not been fully compensated for your past and potential future medical expenses.
• You have questions or believe that the statute of limitations may come into effect before you are able to file a claim.
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While we all have an expectation that our cars will get us safely from one place to another, sometimes our cars do not provide the protection that we expect. Recently, Toyota has been under intense scrutiny after several instances of drivers experiencing sudden unintended acceleration inside some of the company’s vehicles. The sudden acceleration of Toyota vehicles has led to severe injuries and even deaths in some cases. Toyota has subsequently recalled millions of its cars and SUVs. If you have been injured as a result of vehicle’s sudden acceleration, you should speak with an experienced Tennessee Toyota accident attorney.

One of the first Toyota sudden acceleration cases to reach trial began last week in California. This particular case involved a 66-year-old woman whose car suddenly accelerated to a high rate of speed before a fatal collision. Known in the legal profession as a bellwether trial, this case is important because it will be a likely indicator as to whether Toyota should be held liable in other similar cases involving the sudden unintended acceleration of its vehicles.

Owner of a Toyota Camry, Noriko Uno was admittedly afraid of driving fast. She avoided taking the freeway whenever possible and drove the same route to work every day. When her vehicle suddenly accelerated to speeds up to 100 mph in a 30 mph zone, she tried everything that she could to slow the car down. She attempted stepping on the brake pedal and even pulling the emergency brake handle. However, she was unable to slow the car down before striking a telephone pole and a tree.

While the lawsuit on behalf of the Uno family includes products liability and negligence claims, the trial will likely focus on why Toyota did not have a breaking system to override the accelerator. Toyota has stated that the car had a “state-of-the-art” braking system and denied that any defect caused Uno’s death. Toyota has blamed other such crashes on accelerators becoming stuck, faulty floor mats trapping the gas pedal, as well as driver error. However, the attorney for the Uno family was confident that none of these factors were to blame. Witnesses claimed to have heard the engine roaring and reportedly saw the brake lights flashing indicating that she was unsuccessfully attempting to slow the speeding car down.

The attorney representing Uno’s son and husband stated, “Toyota decided to make safety an option instead of a standard on their vehicles. They decided to save a few bucks, and by doing so, it cost lives.” The Uno family is seeking general and punitive damages from the automaker.

While Toyota has settled some of the wrongful death cases outside of court, this case will be the first of approximately 80 similar cases filed in state courts across the country. Other suits have been filed in federal courts. Federal lawsuits allege that Toyota’s electronic throttle control system was defective causing the vehicles to accelerate.
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We have a duty to care for others in almost anything that we do. Whether it is going out for a walk on the sidewalk, eating dinner in a restaurant, or going out for a drive, we have an expectation that people will comply with the duty of safety and care to others. Unfortunately, there are many times when people breach their duty to others. This breach of duty can often lead to serious injuries or even death. Negligence is a legal claim that is used to describe those who have been injured by a failure to care for others in the same way that a reasonable person would have done so. If you have been injured as a result of negligence, we encourage you to contact our Tennessee injury attorneys.

A Nashville family recently lost their father as a result of the alleged negligence of two construction companies. On February 5, Gary English, age 75, was heading to meet some friends for dinner after finishing up a game of tennis. Mr. English hopped on his Honda motorcycle and drove toward Brown’s Diner, a popular dining establishment in the Hillsboro Village area. While driving along Chesterfield Avenue, close to the intersection of Blair Boulevard and Sharondale Drive, English ran his bike into a hole in the road. The unmarked hole in the road was located near a subdivision of new homes being built.

Upon driving into the hole on his bike, Mr. English lost control of his bike and hit a metal guardrail before striking the trailer hitch of a parked truck. Mr. English was then taken to the hospital with serious spine, brain, and other injuries. He died four days later.

The lawsuit alleges that there were not any warning lights, barricades, or signs indicating that there was a hole in the street. The attorney representing the English family stated, “There was nothing at all to alert Mr. English to the fact that a substantial portion of the roadway had been dug out and left unrepaired on a dark street. The plaintiffs will attempt to show that the actions of the defendants breached a duty of care to those traveling on the excavated road. The plaintiffs will attempt to show that a reasonably prudent person would not have acted in the same way.

The suit names J2K Builders and Wieland Contracting as the defendants in the case. The defendants had been involved with the construction and planning of the new neighborhood as well as the road work at the scene of the accident. The lawsuit claims that J2K Builders and Wieland Contracting acted negligently in not protecting the excavated road in a sufficient manner. The suit also claims that the defendants did not comply with local laws that govern public roads. Brought forth on behalf of Mr. English by his children, the lawsuit is seeking up to $3 million in damages.
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Our Tennessee Auto Accident Lawyers have handled all sorts of cases over the past 20 years. However, the rise of cases resulting from people texting and driving is border line epidemic. We recently spoke about this problem on TN mornings:

As more evidence of the problem you can look at the government statistics below:

According to the National Highway Traffic Safety Administration, the percentage of drivers who use cell phones (texting or emailing) increased to 0.9% in 2010.
The percentage of drivers using a cell phone while holding it to their ears was 5% in 2010 The level of hand-held cell phone use was higher among women drivers than men drivers.
Drivers between the ages 16 to 24 are more likely to use a hand-held telephones hone.
More than three-quarters reported that they were likely to answer calls on all, most, or some trips while driving. They also said that they rarely consider traffic situations when deciding to use their cell phones.
There were 3,092 deaths in distraction-related car wrecks in 2010, but the number is probably much higher.
Most drivers said they are willing to answer a call or text while driving, but most of these same drivers said they would feel unsafe as a passenger in a car where the driver was sending or receiving text message Continue Reading

Several years has passed since we first heard about the sudden acceleration accidents occurring with Toyota cars. Since then hundreds of personal injury lawsuits have been filed. There has yet to be determined a clear answer as to was the cause of these accidents. Some experts have suggested it was the wrong sized floor mat, others say it was a problem with the electronic acceleration system and still others say it was just driver error. Regardless, it has been the position of the victim’s product recall lawyers that the car should stop when you stomp on the break no matter what caused the acceleration.

Recently a couple of these defective car cases have settled. I recently gave an interview discussing these cases which you can watch below:

 
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