Personal Injury Auto Accidents

Prepared as a public service by the Community Relations Committee of the Nashville Bar Association
This pamphlet made possible by a generous grant from the Kroger Company

Here are some facts about driving in Tennessee that you may not know:

1. Tennessee does not require drivers to carry liability insurance, only that they show financial responsibility.

2. Financial responsibility means either insurance with $25,000 coverage for one person injured and $50,000 for two or more persons or else $60,000 bond filed with the Tennessee Commissioner of Safety.

3. That accident reports are NOT admissible in court. It is also not admissible in court if you pay your ticket by mail without appearing at court.

4. That even though another driver may be at fault, street and weather conditions, as well as your own conduct before the accident can reduce the amount you may collect from the driver at fault.

5. Statements admitting fault or guilt ARE admissible in court.

Always drive defensively. Be extra careful during foul weather and make sure all your lights and wipers are in good working order. Always wear seat belts, be sure your passengers are wearing seat belts and make sure that all children are in the proper child restraints.

No matter how careful you are, you may be involved in an accident.

WHAT SHOULD YOU DO?

1. Stop

Tennessee law requires that the driver of a vehicle involved in an accident stop. Failure to stop is a violation of Tennessee law and is punishable as a misdemeanor.

All auto accidents involving death, injury or property damage of $50.00 or more MUST be reported to the proper authorities, including the Tennessee Commissioner of Safety under certain circumstances.

2. Assist the Injured

After stopping, check to see if anyone is injured. Tennessee law requires the driver of any vehicle in an accident to render assistance to injured persons. Render first aid to the extent that you are qualified, stop bleeding by applying direct pressure with a clean cloth. Do not move anyone unless you know what you are doing. You may do more harm than good. Keep the injured as safe and comfortable as possible. When someone is seriously injured, call or have someone call an ambulance at once. If you don’t know the local area, a telephone operator will locate help for you. Remain calm, speak slowly, and provide as much information on your location as possible.

3. Protect the Scene

Make every effort to prevent further accidents. If possible, warn approaching vehicles. Set out flares, at night use reflectors or flashlights to warn other drivers. Vehicles should not be left in a position of danger on the highway if they can be moved.

4. Call the Police

If the accident occurs within city limits, the local police department should be notified. If you are outside city limits, notify the county sheriff or State Highway Patrol. A police officer’s report can help later if a liability claim arises. Remember you are required to report all accidents with injuries or property damage over $50.00.

5. Assist the Police Officer

If uninjured, remain at the scene until the officer arrives. Cooperate with the officer by describing the basic facts. Do not discuss fault; that is a legal question. You are not required to give an opinion or statement as to the cause of the accident or who was at fault. If it is a serious accident, consult with an attorney as quickly as possible. Get the name and badge number of any police officers who appear at the scene and the accident report number.

6. Identify the Other Driver and Exchange Information

Tennessee law requires that drivers involved in an accident give their name, address and vehicle registration number to the injured person and the other driver. If requested they must also exhibit their driver’s license. If possible, obtain the name and policy numbers of the insurance carrier of the other driver(s) involved. Gather other basic information if possible, such as the license number, make, model, and year of all cars involved in the accident. Remember to get the names and addresses of all passengers involved in the accident.

7. Witnesses

Look for people who witnesses the accident. Witnesses will be a tremendous help later in any subsequent court action. Get the names, phone, and addresses of as many witnesses as possible. If they refuse to identify themselves jot down their license plate numbers. Do not discuss the accident with the witnesses. Do not give their names to anyone but the police, your attorney or your insurance carrier.

8. Observe the Scene

Observe the scene and make written notes on all significant details concerning the accident including:

• The date and time

• The road and weather conditions

• The speed of the cars and skid marks (Measure by stepping off length)

• The name of the road and location

• The point where the vehicles collided and where they stopped

• Draw a diagram of the accident

• If you have a camera take pictures of the cars, road, or physical evidence that will disappear later.

• Look for signs of the accident

a. Drinking - empty bottles or cans

b. Poor tires

c. Malfunctioning lights

Remember, your observations are very important. Insist on telling the investigating officer everything you observed and have them recorded on the accident report. Ask that a citation be issued if there was a violation of law.

9. See a Doctor

Keep in mind that serious and life long injuries do not always result in immediate pain or bloodshed. Failure to seek medical assistance may reduce your recovery later.

10. Inform Insurance Carrier

Notify your insurance carrier immediately after the accident. Give them a complete statement and cooperate with their investigation. Failure to make a prompt report may void your insurance. If you are contacted by the other driver’s insurance carrier get a claim number. DO NOT make any statements admitting fault or give a recorded statement. Your statement may be recorded and used against you later. You may want to tell them about your damages, injuries, lost income, tow charges, car rental charges and damage estimates.

11. Pay Nothing

Make no immediate payment of any kind to the other party and do not promise to make a payment. The other driver cannot force you to make any payment without a legal proceeding and your car cannot be held without legal action.

12. Be Cautious

Insurance companies are not in the business of giving money away. They require written verification of all of your damages, including lost income, medical bills, and other damages. Don’t be rushed into a quick settlement. Where there is personal injury or property damage, an attorney is trained to assist you in recovering damages. Select your own attorney to advise you.

For assistance in finding a lawyer for a personal injury auto accident or any other legal matter, you may want to contact the Nashville Bar Association Lawyer Referral Service.