In 2022, Shelby County led the state for the highest number of auto accidents among licensed drivers. Accidents in more densely populated areas are increasingly common due to the number of drivers on the road and the many accompanying risk factors, including a rise in cell phone use while driving and impairment from drugs or alcohol.
Motor vehicle accidents can cause serious injuries requiring extensive medical care and leading to lost wages due to an inability to work during recovery and sometimes permanently. If you or a loved one suffered injuries due to a car accident in Memphis, a car accident attorney can help you learn about your legal rights and how to get financial compensation to cover your accident-related damages.
At Nahon, Saharovich & Trotz, our experienced Memphis personal injury attorneys can evaluate your case and provide you with legal advice to help you get the financial support you need to aid in your recovery.
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At NST Law, our car accident legal team has over 30 years of experience working with insurance companies and other parties named in accident claims. We are familiar with important statutes of limitations, court processes and deadlines, and evidence requirements. At our car accident law firm in Memphis, we put this experience to work for you and can help:
You don’t have to go through the aftermath of a car accident alone. Before filing your injury claim after a car accident, call us for your free consultation to learn more about your legal rights.
Based on the Tennessee Department of Safety and Homeland Security statistics, the total number of crashes in Shelby County increased by almost 28% in the most recent decade, from 27, 364 in 2010 to 35, 022 in 2020. This total number of collisions includes fatal accidents, accidents resulting in non-fatal injuries, and accidents resulting only in property damage.
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In the last five years, the overall number of traffic accidents in Shelby County reached its peak in 2019, with 39, 436 total crashes. Deadly accidents, though, were much higher in 2020 at 250 compared to 155 in 2019.
In 2020, Shelby County ranked #1 in overall crashes (including fatal accidents and those resulting in non-fatal injuries) among licensed drivers. As of March 31, 2021, 7, 954 total crashes happened in Shelby County, with less than 1% resulting in deaths and nearly 23% involving non-fatal injuries.
All kinds of car accidents happen in Memphis, but statistics from the Tennessee Department of Safety and Homeland Security show the most common car accidents in the area involve speeding, driving under the influence, and drivers in a specific age range. More specifically, Shelby County ranked:
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A recent study based on the number of 18-wheelers and commercial truck drivers operating their trucks while on cell phones showed that two Memphis intersections, Compress Drive and S Lauderdale Street and E Holmes Road and Lamar Avenue, ranked among the nation’s most dangerous.
Generally, most accidents and congestion occur along the I-40/I-240 loop, especially around Union Avenue, Poplar Avenue, East Parkway, and South Parkway. You can see these traffic hotspots in the red images below:
Car accidents have many potential causes with a lot of different factors at play, including the weather, mechanical issues, and differences in the number of years of driving experience each driver has. The most common causes of car accidents include:
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Each of these accident causes corresponds to the legal definition of negligent driving, supporting the elements of negligence required in a personal injury lawsuit.
Depending on the nature and severity of the car accident, injuries can range from minor to life-threatening, permanent, or deadly. Common injuries sustained in car accidents include:
Aside from the physical and emotional damages resulting from a car accident, there may be other damages involved in your case, such as property damage. Additional damages can include damage to your vehicle or items in your car at the time of the accident, damage to state property such as guardrails and signposts, or damage to other persons’ private property such as parked cars or real estate.
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The amount of compensation you can receive depends on your ability to show the damages you sustained. Damages you can receive compensation for include physical, emotional, and property damages. A judge or jury can also consider other ways in which the accident impacts your life. It’s important to keep track of the following to maximize your potential payout:
Tennessee has a “modified comparative negligence” statute. Under this law, you can still recover damages if you were less than 50% at fault for the car accident, but your compensation award will be reduced depending on your share of the blame.
For example, if a judge or jury determines you are 25% at fault for the accident and your compensation award totals $100, 000 in damages, you will be able to receive $75, 000. If your contribution to the cause of the accident is 51% or more, you cannot recover your damages. A personal injury lawyer can help review the facts of your specific case to decide if you have a valid claim for which you can receive compensation.
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You need to collect as much relevant evidence as possible to support your claim and help you recover your losses. Necessary evidence might include:
A car accident lawyer can help you gather and review all necessary evidence to support your claim to ensure you receive fair compensation for your injuries.
If your loved one passes away due to injuries sustained in a car accident, you can bring a wrongful death lawsuit against the other driver. These types of cases are often complicated, so it’s beneficial to retain an attorney to help you.
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Wrongful death lawsuits cannot take away the pain of losing your loved one, but seeking compensation for economic and non-economic damages related to your loss can help ease any financial burden resulting from:
Lastly, depending on the facts of your case, you may be able to obtain punitive damages intended to punish the responsible party and deter similar behavior in the future. Punitive damages are usually only awarded in the most egregious cases, where drivers are grossly negligent or intentionally harmful. You must show this egregious behavior by clear and convincing evidence (a high burden of proof) to be eligible for this additional compensation.
There are several important steps that you can take immediately after a car accident to help preserve your legal right to recover damages:
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It’s common to assume that your insurance company is on your side, but you should always be cautious when dealing with insurance providers after a car accident. It’s important not to rely on your insurance company to get you a reasonable settlement offer. Insurance companies often protect their interests first and try to resolve claims as quickly as possible for as little money as possible, thereby often offering you a settlement less than the actual value of your claim.
If you want to assert a claim or file a civil lawsuit after a car accident, you need to hire a Memphis car accident lawyer to help you receive a fair amount to compensate you for your injuries and other damages. Your car accident attorney can:
Handle communications with insurance companies and legal counsel for the opposing parties: Insurance companies often try to convince you to take a lower settlement offer than what’s fair, acting in their own best interest. Your attorney will advocate for you to get you the compensation you deserve.
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Obtain necessary evidence: A car accident attorney knows what evidence you need to support your claim and can help you gather, evaluate, and maintain it for future settlement or trial. Your attorney might need to obtain documentation from you in addition to sending discovery requests to the other parties or deposing the other driver.
Timely file your legal documents: Tennessee has a very short statute of limitations for filing personal injury claims. Your attorney will keep track of when you need to file a lawsuit, so the court doesn’t dismiss your case for untimely filing.
Instead of charging an hourly rate for legal services, car accident attorneys typically receive payment via a contingency fee arrangement. This payment plan means that your attorney only gets paid if you receive compensation, whether by settlement or trial award. Thus, your attorney’s payment is “contingent” on a satisfactory outcome for you.
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Contingency fees can vary and are a percentage of your total recovery. This percentage usually ranges from 30-40%, depending on the complexity of your case and whether it’s likely to settle or move on to trial. If your claim is more straightforward, your contingency rate may be lower than the average amount.
You may still have to pay for the costs of litigation regardless of whether your claim is successful. These costs usually include filing fees, deposition costs, expert witness fees, and other court costs or miscellaneous fees for obtaining evidentiary records.
If you recover money from your case, your lawyer may deduct these costs from your total compensation after extracting their contingency fee. For example, if your contingency fee is 33%, your litigation costs are $10, 000, and the court awards you $100, 000, your attorney would receive $43, 000 for fees
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