Categories
Car Accidents

This Memorial Day, remember to drive safely

People all across Knoxville are likely looking forward to the long holiday weekend ahead. Memorial Day is one of only a handful of holidays that allow people to enjoy a longer weekend and more time to relax.

However, this extended break can come with some serious risks, particularly when it comes to road safety. According to a report by the National Highway Traffic Safety Administration, Memorial Day is one of the holidays during which accidents and road fatalities increase. While we want readers to enjoy the holiday, we also want to encourage everyone to keep some basic safety tips in mind when they get behind the wheel.

  • Stay focused: It can be easy to get distracted by holiday plans or trying to figure out where you are going if you are taking short road trip. People may be tempted to pick up their phone, type in a text or look up directions. If you need to do this, pull over first.
  • Stay alert: People may be staying out later on weekend evenings and being more active which can make people much more tired. Avoid driving when you are fatigued or you could risk falling asleep behind the wheel and crashing.
  • Stay sober: Holiday weekends like Memorial Day often come hand-in-hand with drinking. People are barbecuing, relaxing at the pool and just spending time with friends and family, and this can mean having a few alcoholic beverages. Make sure you have a sober ride home and don’t take the risk of driving drunk.

Memorial Day weekend is not only a holiday; it is also the unofficial kick-off to summer which is also a time of year that sees increases in motor vehicle accidents. It is a good time to focus on safe driving. Unfortunately, many people won’t take the basic precautions we mentioned above; this reckless or negligent behavior can have devastating consequences for other people who may be doing whatever they can to be safe.

If you or a loved one is injured in an accident this weekend, it can be crucial for you to understand your rights and explore your options to take legal action to hold the appropriate party responsible. Contact OEB Law, PLLC the attorneys you know and trust. Call (865) 546-1111 today. 

Categories
Motorcycle Accidents

Motorcycle accidents, evidence and compensation

We have often discussed issues relating to motorcycle accidents. The sad fact about these accidents is that the motorcycle rider is often severely injured. In really horrific cases, the motorcycle rider might die. We know that these motorcycle accidents are devastating to the motorcycle rider. We also know that the effect of the accident doesn’t stop there. The rider’s family is also affected by the accident and the aftereffects of the accident.

When the cause of the motorcycle accident is another driver’s negligence, seeking compensation is possible. While monetary compensation might help to take care of the financial impact of the accident, it certainly won’t take away the pain you are in because of your injuries. It won’t take away the pain and stress your family feels after the accident.

There is a variety of things that can lead to a motorcycle accident, including distracted or inattentive drivers. A driver might be distracted by something and not see the motorcycle. A driver might cut off the motorcycle in a way that leads the biker to fall. A driver might follow the motorcycle too close and run right into the bike. Scrutinizing the evidence in every case is vital for bikers who want to seek compensation. We can take care of that aspect of getting your case together while you focus on moving forward with your family as you heal from your injuries.

There is never a good excuse for a driver to slam into a motorcycle. We can help injured motorcycle riders to hold negligent drivers responsible for the accident by going through the civil court system.

If you have been injured as a result of someone’s negligence, contact OEB Law, PLLC today at (865) 546-1111.

Categories
Motorcycle Accidents

Some safety facts concerning motorcycle accidents in Tennessee

In Tennessee, any motorist with a valid Tennessee driver’s license is legally allowed to operate a motorized bicycle that is rated at 50cc or less. However, special licensing is required for any motor-driven cycle beyond that rating.

Beginning at age 15, Tennessee residents are eligible to receive a special motorcycle learner permit, which is designed to enable young riders how to safely operate a motorcycle while also putting severe restrictions that limit their ability to cause harm to other drivers. For example, young riders with these permits are limited to driving only during daylight hours, and they are prohibited from operating motorcycles beyond 650 cc maximum cylinder size. Additionally, these riders are prohibited from using interstate highways or roadways unless they are specially marked. Motorcyclists with learning permits are also limited to travel only within 20 miles of their homes and aren’t allowed passengers.

Although these rules may sound very restrictive, Tennessee has good reason to keep tight controls over inexperienced motorcyclists as they develop their riding skills and understanding of safety regulations. In 2013, at least 134 fatal motorcycle accidents occurred throughout the state. According to the Department of Safety and Homeland Security, at least 127 of those tragic deaths occurred while motorcyclists were wearing protective helmets.

The lesson here is that a certain number of accidents involving motorcycles in Tennessee are inevitable. This is despite the state’s focus on safety for young motorcyclists as well as the usage of protective helmets by riders. Far too often, these accidents are caused by other driver’s failure to see motorcyclists that are sharing the road with them. A car or SUV that abruptly changes lanes into a roadway occupied by motorcycle can easily result in serious injuries or death to the motorcyclist.

In those cases, sometimes a civil lawsuit seeking compensation for the motorcyclist’s medical expenses and lost wages may be the best way to restore them to their pre-accident condition.

Have you or someone you love suffered an injury from a motorcyclist? Or have you, as a motorcyclist suffered injury? Call the experienced attorneys at OEB Law, PLLC today to discuss your claim.

Source: Tennessee Department of Safety and Homeland Security, “Motorcycle Operator (Class M) License” Oct. 21, 2014

Categories
Car Accidents

Who is the Best Car Accident Lawyer In Knoxville?

If you’ve been in a car accident in Knoxville and another driver or party is to blame, you should be able to collect damages to cover your accident-related costs. These can include property damage to your vehicle, medical expenses, ongoing care expenses, and even pain and suffering damages.

These personal injury cases require an in-depth knowledge of the law as it specifically relates to car accidents. You need a lawyer who can serve as a strong ally in your fight for compensation. However, not all attorneys are alike, and choosing the best car accident lawyer for your case can mean the difference between winning and losing.

The car accident attorneys at OEB Law, PLLC have the experience necessary to fight for your rights after a car accident. Call 865-546-1111 today for a free case evaluation.

What should I look for in a car accident attorney?

You should interview several attorneys who practice car accident law and look for someone who meets the following criteria.

The best attorneys have extensive knowledge of the law.

Most car accident attorneys deal with a wide range of personal injury cases, although some specialize in this specific type of case. You want to speak with an attorney who is well-versed in local and state transportation laws. You may want to ask questions specific to your case and gauge your attorney’s willingness to answer directly and accurately about the type of claim that you may have.

Ask your attorney what percentage of his practice focuses on car accident personal injury claims. If you have a disability, long-term injury, or specific type of medical case that requires specific experience or knowledge, ask the attorney if he has ever handled a case like yours before.

You can also ask your attorney about case law relevant to your specific incident. Chances are, if the attorney is able to reliably quote case law, statutes, and other information that demonstrates his knowledge of the law, you can feel confident moving forward.

Your attorney should have experience dealing with insurance companies.

Many car accident claims reach a settlement after negotiations with a negligent party’s insurance company. You will want to ask your attorney about their process for sending demand letters and working towards a settlement that covers your expenses without requiring lengthy delays when unnecessary.

You will want to ask specific questions about his or her background in similar cases. For example, you may want to ask:

  • What kind of a settlement should I expect from a case like this;
  • Is an insurance company likely to settle with a case like mine; and
  • How long do cases like mine typically take to resolve?

Honesty matters. Look for an attorney who is willing to answer your questions honestly and frankly, even if you do not like all of the responses. Building a relationship with an attorney is like building a relationship with a business partner: It relies on trust.

Look for an attorney with a good reputation.

An attorney with an impressive educational background may not be as qualified to handle your case as one with a sterling reputation. You can find out a lot about your potential attorney online. Calling or searching state bar records can tell you whether your attorney is a member in good standing, whether former clients have filed complaints, or whether your attorney has faced disciplinary action in the past several years.

If your attorney has multiple complaints on file, it may be a red flag that he or she will not be handling your case as aggressively or efficiently as possible. Set expectations early. Ask your attorney how often you should expect to hear from them, how quickly they respond to contact from their clients, and if they have any examples of similar cases—and their outcomes—that they have handled in the past.

Your attorney should focus on personal service.

An attorney with an excellent reputation, lengthy resume, and major wins under his belt will be a great asset to your case—if he or she is the one handling it. Clarify with the attorney up front how involved he will be in managing your case, or if junior associates will take the lead. If so, ask to speak with them or get a sense of their credentials to ensure that they are a good fit for you.

During an initial consultation, an important question to ask your attorney is what initial roadmap they see for handling your case. All cases are different and inevitably new details or road bumps emerge that require an attorney to pivot their approach. However, a good attorney will be able to provide you with a plan of action based on the details you provide that will lead you to a positive outcome.

At OEB Law, PLLC, our attorneys have a reputation as legal experts who will aggressively fight to get you the compensation you deserve after a crash. We offer our clients compassionate care and thoughtful guidance during the claims process and we are always available to answer any questions along the way.  

What should I expect to pay for the best car accident lawyer?

Most car accident attorneys don’t charge hourly rates the way that family or criminal defense attorneys do. Instead, they operate on a contingency fee basis, meaning that they do not collect any fees unless you recover money from your case.

The rate an attorney can charge will vary from state to state, typically with percentages around one-third of your awarded damages. In some cases, the contingency fee percentage also hinges on the amount of work expended on the case and whether or not your case has to go to trial. For example, a case that required only a demand letter to an insurance company or negligent party to settle sometimes pays a lower contingency percentage than a case that involves extensive trial prep, research, and time in court.

An attorney who is willing to take your fee on a contingency basis is not only motivated to perform to the best of his ability—because his check depends on a positive outcome—but is also likely to be an attorney who believes in your case and believes in the likelihood of a positive outcome.

Just because your attorney has agreed to take your case on a contingency fee basis does not mean that you won’t have out-of-pocket expenses. Ask your attorney how he will handle costs for depositions and court reporters, court fees, paralegal costs, messenger or process server fees, medical record fees, expert witness fees, and any other out-of-pocket expenses you will have to pay before reaching a settlement.

Our attorneys work on a contingency fee basis. That means you pay nothing for our services until you get the compensation you need to recover from your car accident.

How can I contact a Knoxville car accident lawyer?

If you were in a car accident in Knoxville, you should move quickly to ensure that you are fairly compensated. The car accident lawyers at OEB Law, PLLC can help ensure that your claim or lawsuit is sufficient to cover the extent of your damages, help you navigate the courts, and fight to get you a fair settlement. Call us today at 865-546-1111 for a free consultation.

Categories
Car Accidents

How Long Do You Have To Report A Car Accident To Your Insurance In Tennessee?

How long you have to report a car accident to your insurance in Tennessee depends on your insurance company. Each one makes its own rules about the amount of time you have to notify them of a crash. Regardless of which insurance company you have, they like to be notified as soon as possible if you have been in an accident, whether you were at fault or not.

For example, State Farm says to notify them immediately.  Allstate suggests that you call them while you are still at the scene of the accident. Note: Be careful — do not give a recorded statement to an insurance company without first talking with your car accident lawyer.

Do I have to report a car accident in Tennessee to the police?

Yes. T.C.A. § 55-10-106 requires drivers to notify, “by the quickest means of communication,” the local police, sheriff, or highway patrol of any motor vehicle accident that resulted in:

  • Injury
  • Death
  • Property damage that appears to be valued at $50 or more

Does a driver or owner of a vehicle have to file anything after an accident in Tennessee?

Yes. The Tennessee Department of Safety and Homeland Security requires owners and drivers to complete a form, called an Owner/Driver Report, whenever they have been involved in an accident in which someone was injured or killed, or in which there were damages to anyone’s property in the amount of more than $400.

It does not matter if you were at fault in the accident. All involved parties must file this form within 20 days of the crash.

If you do not file the report within 20 days, the state of Tennessee may suspend your driver’s license and registration. If you are not a resident of Tennessee, failure to file the report within 20 days can result in the suspension of your nonresident operating privileges within the state of Tennessee.

What information must I include in the Owner/Driver Report?

You must include the following in the report:

  • Date, time, and location of the crash
  • Make, year, and type of the vehicle
  • The driver’s and owner’s contact, license, and insurance information (if they are different people)
  • Statement of whether there were injuries or deaths from the crash
  • Statement of whether the damages to your vehicle were more or less than $400
  • The name and driver’s license number of the other party(s) involved (if available)

Do I have to file the Owner/Driver Report if there was a police report?

Yes. The instructions specify that the Owner/Driver Report is in addition to any report filed by law enforcement.

Will reporting a car accident affect my insurance premiums?

It might, but likely only if you were at-fault for the collision. However, not reporting your accident can have a bigger effect. If you do not report your accident to your insurer and the other driver files a claim against you, the insurer might refuse to cover the other driver’s injuries. This could leave you paying thousands out of pocket.

Your insurer might also drop you from coverage for breaching your contract.

Are there any other reasons I should report a car accident to my insurer?

Many people think that by not filing with their insurer, they will not risk higher premiums. However, even if you think you are at-fault for the accident, you should always report your accident.

First, you do not know all the details of the accident; you might find out the other party is totally at-fault. Second, if you do not file a claim with your insurer, you will likely be unable to recover any compensation from the other party through a claim or lawsuit because there will be no record of the accident.

How long do I have to file a lawsuit?

If you decide to file a lawsuit, you have a very short window of time to file in Tennessee. T.C.A. § 28-3-104 requires that injured parties file an action within one year.

Make sure you get medical care immediately as it can take months to simply get the prognosis of your injuries.

Can I recover compensation if I was partially at-fault?

Maybe. It depends on how much your fault contributed to the accident. There is often more than one person at fault in an accident. Tennessee uses modified comparative negligence when apportioning fault in accident cases. This means that you can recover compensation if you were less than 50 percent responsible, but your own negligence will reduce the amount of your recovery.

For example, Alan and Bob are in a car accident. Alan ran a red light and crashed into Bob, who was driving 10 miles over the speed limit. Alan’s damages are $10,000. Bob’s damages are $10,000. Alan is 90 percent at fault. Bob is 10 percent at fault. How much will Alan and Bob each receive for their damages?

Bob’s negligence will reduce his damages by 10 percent, leaving him with $9,000. Alan will receive nothing from Bob’s insurance company because Alan was more than 50 percent at fault in the accident.

If you were less than 50 percent at fault in causing your accident, it is worth your while to file a claim for your damages.

If you have been injured in an accident, call OEB Law, PLLC for a free case evaluation. We will make sense of the complicated laws and deal directly with the insurance company for you. Give us a call today: 865-546-1111.