Author: Ryan

Bus Accidents Car Accidents General Motorcycle Accidents Recreational Vehicle Accidents Truck Accidents

What to Do After an Accident

Post author By Ryan
Post date March 1, 2021

Reflective red triangle to point out a car crash

Car accidents often have at unexpected times. Knowing what to do after a motor vehicle accident happens can help you later, if recovering damages becomes an issue. Here are some tips for motorists that have been involved in car accidents.

Steps to Take

When an accident happens, taking the proper steps can mean the difference between a smooth recovery and an extremely difficult one. The first step to take is to put safety first. Ensure that everyone involved is okay and if necessary, seek immediate medical attention for anyone who is injured.

After ensuring everyone’s safety in your vehicle, you will probably be talking to the other driver. Do not admit fault during this conversation, as it could be used against you later. After an accident talking with the other party is also important in order to ensure you have each other’s insurance information, vehicle descriptions, driver information and phone number and addresses.

Also, drivers will want to see if there were any witnesses to the accident. Bystanders at the scene may provide crucial testimony if it becomes needed at court. Be sure to obtain their contact information so that you will be able to easily find them later.

Making notes and taking pictures of the accident is also a crucial step. Having solid proof of the details will make for a smoother process down the line. It is often easy to skip this step with the confusion of the event, but the information may prove to be an advantage later.

The next step is to talk to the insurance companies of the parties involved in the accident. Keep in mind that the insurance company may not be necessarily looking out for your best interests. Do not simply settle your case without speaking to an experienced personal injury attorney. You may have injuries that require life-long care, and settling early could prevent you from obtaining compensation to pay for this care.

When to Take Legal Action

When you have been injured in a motor vehicle accident, it is important to seek the assistance of an attorney that has handled these types of cases in the past. Personal injury attorneys know the ins and outs of the system and are able to navigate through a claim quickly. It is important to know the options that are available to you, and how you can protect yourself during this time. Contact Knoxville’s premier personal injury and car accident attorneys, OEB Law, PLLC. Call (865) 546-1111 today.

General

5 Questions to Ask Your Car Accident Lawyer

Post author By Ryan
Post date February 21, 2021

Many people are not sure where to begin when it comes to choosing a Knoxville car accident attorney, so they select the first one they see without considering if there may be someone else better suited to handle their case. Choosing the first attorney you hear about is rarely a good idea, since the right lawyer plays a key role in reducing the stress you experience and helping you recover the compensation you deserve after a car accident.

Do some research, ask your friends and neighbors for recommendations, and make a list of possibilities. Then schedule an initial consultation. Tennessee car accident lawyers typically offer this consultation free of charge, and only charge you after you receive a payout in your case. This is known as working on a contingency basis. Before your consultation, make notes, and make sure you are aware of these five questions to ask your car accident lawyer:

What are your practice areas?

Some lawyers are Jacks of all trades. They practice personal injury, family law, criminal defense, and estate planning. While they will likely have a vast knowledge of various subjects, you want an attorney who focuses on personal injury — especially car accidents. You want someone on your side who knows all the major players, and navigates this process regularly. You might also want to ask:

How long have you been practicing law? Have you always focused on personal injury?
How many car accident cases to you handle each year?
How many of these settle out of court? How many go to trial?
What resources do you have to help you settle car accident cases?

Our firm focuses on injuries from car accidents so we know how to handle any case that comes our way. We do not dilute our practice with other areas of law so we can put our energy into winning your case.

Have you handled car accident cases with injuries like mine?

This question is especially important if you suffer from complex injuries or a condition requiring ongoing medical care. While it is fairly simple to calculate the cost of treating a broken leg, it is more difficult to prove soft tissue injuries or anticipate future care needs for a traumatic brain injury. Related questions may include:

What was the result of the similar cases?
Can you provide me with references from someone with similar injuries?
What is your approach to cases with injuries like mine?

Do you think I have a strong enough case to recover compensation for my losses?

While the initial consultation offers you an opportunity to get to know the lawyer better, it also gives the car accident attorney a chance to evaluate your case. You should not expect to receive any legal advice during this meeting, but that does not mean you cannot ask the attorney how he or she would assess your case.

Consider asking some follow-up questions:

What factors support us winning my claim?
Is there anything about my case that would stop me from recovering full compensation?
Can I still recover compensation even if I believe I was partially at-fault for the accident? Will that affect my compensation?
Do you believe we can settle this out of court?
About how long do you think it may take to settle my Tennessee auto accident claim? (No lawyer should promise a quick settlement.)

After assessment, your lawyer should tell you whether s/he thinks you have a valid case. Remember, no good lawyer will ever guarantee a case’s success.

What is your approach to the settlement negotiation process?

If you are like most people, you would rather avoid going to court. However, you know you need a fair settlement to cover your bills and you have heard that might involve a judge and jury. In most cases, this is not true. However, it is best to know how your car accident lawyer will handle the settlement negotiation process before you begin.

Some attorneys are quick to jump to filing a lawsuit, while others are willing to duke it out through several rounds of negotiations. Some advise clients, while others ask what the client prefers. Knowing how your attorney handles this process is important if the insurance company does not agree to a fair settlement quickly. Related questions include:

Is mediation or arbitration an option to settle my claim?
How often do cases you handle require filing a lawsuit? How many actually go to trial?
Will you be representing me in court if my case goes to trial?

How will you keep me up-to-date about my Tennessee car accident claim?

Some attorneys are much more hands-on than others, so it is important to find out exactly how often you can expect to hear from your attorney. Some even pass the case to another attorney in the firm after your initial consultation, so it is important to learn exactly who will be updating you about your case and how often. Other questions may include:

Will any other attorneys work on my case?
How often can I expect you to update me about my claim? Will I be speaking with you directly or will I be in contact with another lawyer or paralegal?
What is the best way to contact you? How quickly can I expect to hear back?
Is there someone I can reach if I have a question while you are in court or out of the office?

Call today to schedule your FREE initial consultation with a Knoxville car accident lawyer.

The Knoxville auto accident attorneys at OEB Law, PLLC are here to help you get the compensation you deserve after a Knoxville car crash. We will be happy to answer any questions you have about the car accident claims process or the steps necessary to turn your wreck into a check. Call our office at 865-546-1111 to schedule your free case evaluation and initial consultation today.

Bus Accidents Car Accidents General Motorcycle Accidents Recreational Vehicle Accidents Truck Accidents

The silent epidemic of driving while fatigued

Post author By Ryan
Post date February 21, 2021

The problems of driving while under the influence and distracted driving are well-known. There are online campaigns, print ads, television commercials and advocacy groups all aimed at stopping these dangerous practices. So-called “drowsy driving” – driving without adequate sleep or rest – is not nearly as well-publicized, but the fact remains that it can be just as deadly.

According to the National Highway Traffic Safety Administration (NHTSA), an estimated 2.5 percent of annual fatal car accidents are attributable to fatigued drivers.

Polls performed by the American Automobile Association (AAA) and the National Sleep Foundation (NSF) report that over half of drivers surveyed admit that they have driven while sleepy in the past year, and about 28 percent of drivers admit doing it in the past month. Nearly 20 percent of drivers polled admitted to actually falling asleep behind the wheel in the last year.

A startling comparison

Several research studies have shown that driving while fatigued shares many characteristics with drunk driving. For example, driving after having been awake for about 18 hours produces slowed reaction times, poor judgment and lack of focus akin to having a .05 blood alcohol content (BAC). Once a driver has been awake for a solid 24 hours, his driving performance equals that of someone driving with a .10 blood alcohol level, which is beyond the legal BAC limit of .08 set by all 50 states and the District of Columbia.

Helpful hints

Americans are always on the go these days. We have constant access to information, we live with our smart phones and tablets in our hands, and, thanks to DVRs and streaming technology, we can watch our favorite television shows at any time. As a result of our increasingly electronics-filled world, most of us are chronically sleep-deprived. The National Sleep Foundation recommends between seven and eight hours of sleep for every adult, and between nine and hours for adolescents. Getting less than that and getting behind the wheel puts us, our passengers and other motorists at risk.

Millions of Americans are currently suffering the physical and cognitive impact of an undiagnosed or untreated sleep disorder like chronic insomnia or obstructive sleep apnea. These people don’t get adequate rest when they are asleep, leaving their bodies and their brains more susceptible to the effects of fatigue while awake. If you suspect a sleeping disorder, seek treatment. On a related note, if you are prescribed medication to help you sleep, ensure that you have sufficient time to rest before taking it; if the medicine will make you sleep for eight hours, don’t take it if you only have four hours to rest. The lingering intoxicating effects of the medication will increase your chances of having an accident.

If you start falling asleep at the wheel, feel your eyes getting heavier, are yawning constantly, drift out of your lane or find yourself unsure how you got to your current location, it is time to rest. You need to find a safe place to either get some sleep or at least take a quick nap. A full night’s sleep is best, but even 15-20 minutes of napping could give your brain and body enough rest to let you finish your journey safely.

Should you or a loved one be injured in an auto accident with a fatigued driver, you have legal rights. To learn more about holding a drowsy driver accountable for his or her actions, contact our experienced personal injury attorneys at OEB Law, PLLC. Call (865) 546-1111 today.

Car Accidents Bus Accidents General Motorcycle Accidents Recreational Vehicle Accidents Truck Accidents

3 Ways Car Accident Lawyers Can Help You Overcome Your Losses

Post author By Ryan
Post date February 14, 2021

Nearly 1,000 people in Tennessee lost their lives to traffic fatalities in 2015, reports the National Highway Traffic Safety Administration. Tennessee’s highway fatality rate far outstrips the national average. Here, 14.51 people per 100,000 died on the roads in 2015, compared to only 10.92 per 100,000 for the national average. Car accidents are an all too frequent occurrence in Tennessee, which is why it is so important to have a Knoxville car accident lawyer on your side.

Unfortunately, many accident victims forgo hiring an attorney because they do not know how much an attorney can help their case. Below, we discuss three ways car accident lawyers can help you overcome your losses.

Gathering Evidence

To prove your losses and get fair compensation, you must have evidence. Your car accident lawyer will evaluate your claim and determine the specific evidence needed for your particular case.

Some of the common types of evidence in car accident claims are:

Police report: The police report will show what happened at the scene of the accident. It will contain the names and contact information for all drivers. It will note all the damage done to every vehicle as well as the time, date, and location of the crash. Names of eyewitnesses may be on the police report or on a supplemental report. The report will also list any citations given to the drivers, if any, and an initial determination of fault.

Medical records and bills: Your medical records are an integral part of your accident case. Without an injury, you have no claim. The medical records illustrate the details of your injuries and link those injuries to the crash.

Your medical bills show how much the medical injuries harmed you financially. The details of your injuries and the financial losses from the medical bills are important factors in determining the amount of compensation you will receive for your injuries.

Employment records/paystubs/W-2s: If you lost wages because of your injuries, you should be compensated for that loss. Lost wages can include time away from work on the day of the crash, as well as the immediate treatment and recuperation time, and time lost from work by your having to go to follow-up or ongoing treatments. Your car accident lawyer will get the records from your employer to prove this element of your damages.

Expert witness testimony: It may be necessary for your lawyer to get testimony from expert witnesses to prove your damages. If you will have long-term or residual disability from your injuries, your lawyer might use a vocational expert to calculate the extent of your disability and how much it will impact you financially over the years. If there is dispute about who was at fault in the accident, an accident reconstruction expert can show what caused the accident.

Eyewitness testimony: Eyewitness testimony can show what happened before, during, or after the car accident. Because eyewitnesses are unbiased bystanders who have nothing to gain or lose, their testimony carries more weight than a driver or passenger.

While you can recover the police report and eyewitness testimony on your own, most of the other types of evidence listed are difficult for the average person to obtain.

Getting a Full Prognosis and Value of Your Case

Many accident victims settle their cases before getting their full prognosis. The body takes time to heal. People heal at different rates, and with varying levels of success.

Until you know completely how the injuries will affect the rest of your life, do not settle. Many people do not understand that when you settle, you have to sign papers that take away your rights to ever get more money for anything to do with the accident. If you settle early, and later discover that your injuries are worse than you initially realized, you cannot go back to the insurance company for more money.

Note: Even after you are satisfied that you fully understand your prognosis, you should not settle your claim until a lawyer reads over the settlement documents. You can be sure that the insurance company had a team of lawyers when they wrote the settlement documents. The legal team wrote the documents to do one thing — protect the insurer. To protect yourself, you should have a lawyer read the documents to make sure the insurance company is not taking advantage of you.

Defending You Against the Insurance Company

Insurance companies have an unfair advantage. They have you outmanned and outgunned. You are one person going up against a corporation with thousands of employees, many of whom have one job goal — to keep every dollar they can for the insurance company. They do that by paying you as little as they can.

When you are trying to deal with an insurance company on your own, you may feel like it is a battle of David and Goliath. This is the reason most people just accept what the insurance company offers. Having an attorney on your side evens the playing field.

Our team has decades of experience dealing with insurance companies and we know the tricks they like to pull. We will stand up against the insurance company and negotiate to ensure you get the compensation you need and deserve.

Call us today, and let the skilled lawyers at OEB Law, PLLC turn your wreck into a check: 865-546-1111.

General Car Accidents

5 Situations When You Need to Hire A Car Accident Lawyer

Post author By Ryan
Post date February 7, 2021

If you or someone you love has been involved in a Tennessee car accident, you are aware of how overwhelming it can be. In addition to dealing with physical injuries, you may have numerous financial concerns and could be wondering when you need to hire a car accident lawyer. Finding an attorney to help you every step of the way can make the whole experience a lot easier, particularly if you are going through one of the following situations.

Your First Car Accident

If you have never been involved in an accident, this may be the first time you have had to file a claim with an insurance company. Filing a claim may seem simple, but the reality is that you are not guaranteed to receive compensation, especially if you fail to provide the correct information. Insurance companies are focused on doing what is best for their business and therefore may be looking for ways to avoid paying you the compensation you deserve.

Hiring a car accident attorney will give you the best chance at having your claim approved and receiving a fair amount of compensation. Your attorney will collect evidence from the scene of the accident to help prove the other driver’s negligence and liability. They will also make sure to provide the insurance company with detailed medical records and other documentation to solidify your case. Your attorney can also stop you from making common filing mistakes that often lead to a refusal. If you cannot reach a settlement with the insurer, your attorney can assist you with the legal process of filing a lawsuit.

Uncertainty Regarding Fault and Liability

When you first file a claim, the insurer will determine who was liable for the accident. Liability is based on fault, meaning that the person at fault for what happened is liable for accident-related damages. It may be clear to you that the other driver was negligent, but the other driver’s insurance company may insist that you were the one responsible for the accident and that their driver was not at fault. As a result of this disputed liability, the insurance company may deny your claim. The attorneys at OEB Law, PLLC are very knowledgeable in the field of personal injury law and can help you gather the proof you will need to establish the other driver’s liability.

Insurer Refuses to Pay

In addition to disputed liability, there are many other reasons for an insurer to refuse to pay you a fair amount of compensation. Some of these reasons include:

Failure to file your claim on time: If you do not report your accident to your insurer in a timely fashion, your claim may be denied.
Failure to provide adequate medical information: You will need to provide thorough medical records that show your accident-related injuries and illnesses as well as detailed information about treatments you have received. Failure to provide the insurer with detailed medical information may be grounds for a denial.
Voided insurance policy: If the insurer finds that you behaved negligently behind the wheel, they may deny your claim.
Failure to seek timely treatment: You will need to prove that you sought medical treatment immediately after the accident. If you waited too long, your insurer may use that as an excuse to deny your claim.
Pre-existing condition: Your claim denial may be based on the grounds that your injuries or illnesses were caused by a pre-existing condition and are not accident-related. You will need to prove that this is not the case and that your injuries were worsened or caused by the accident in question.

Our experienced attorneys are well aware of all the reasons an insurer may refuse to pay and will present your case in the best possible light to prevent that refusal. If the insurer still refuses to pay a fair amount, your attorney will be ready to take your case to court.

Severe Injuries

Hiring a car accident lawyer is especially important in accidents involving severe injuries. The severity of your injury is based on the type of injury, recovery time, and cost of treatment. Generally, long-term injuries and permanent disabilities are viewed as some of the most severe car accident injuries. Your attorney will contact physicians who have treated you and prove the seriousness of your injuries. These physicians can also testify to the fact that all the treatments you received were reasonable and necessary. This will ensure that you will be awarded damages to cover your medical expenses.

Significant Wage Loss

If you have suffered severe injuries in a car accident, chances are that you needed to take some time off of work to recover. Generally, serious injuries will require anywhere from a few weeks to a few years off. Those suffering permanent disabilities may never be able to return to work. This can be a major problem, especially when the injured party has medical bills accumulating and a family to support. If you have experienced significant wage loss as a result of your accident, hiring an attorney is essential to ensure that you recover compensation. Your attorney will be able to present pay stubs to show how much money you would have earned if you had not been injured. Your attorney can also calculate your diminished earning capacity and help you recover damages for future income loss.

If you have been in an accident, you need to focus on your physical and emotional wellbeing. Let your attorney help you with everything else. From contacting insurance companies and experts to filing suit in court, your attorney will be there to deal with all the complex issues that may arise throughout the case.

The likelihood of your recovering damages for your injuries will depend on the quality of the case you present. The car accident lawyers at OEB Law, PLLC are known for presenting high-quality cases with credible witnesses, knowledgeable experts, and solid evidence. Contact us today at 865-546-1111 for more information on how we can help with your car accident claim.