In Maryville, car accident victims have the right to seek justice and compensation for their losses. However, obtaining compensation for these injuries can be a challenging process.
That is where our firm can help. Our team knows the most effective strategies to recover the compensation that is rightfully yours. We understand that the aftermath of a car accident can be overwhelming, and it can be challenging to know what to do next. That is why we will work closely with you to gather all the necessary evidence, negotiate with insurance companies, and build the strongest case possible.
For a free review of your case with our Knoxville car accident attorneys, call Howe Law at (844) 876-4357 today.
Time Limit to File a Car Accident Lawsuit in Maryville, TN
If you have been involved in a car accident in Maryville, it is important to understand the statute of limitations that applies to these claims. In most cases, the statute of limitations for car accident claims is one year from the date of the accident as per T.C.A. § 28-3-104. This means that you must initiate a lawsuit within one year of the incident, or your case will not be heard. This deadline is, in fact, one of the strictest in the entire country.
However, there are a few exceptions to this rule that could help if time is running out. One of the most significant exceptions to the one-year statute of limitations applies when the victim is a minor or mentally incapacitated. According to T.C.A. § 28-1-106, the statute of limitations might be “tolled” or paused until the disability is removed. This means that the clock on the one-year period does not start running until the minor turns 18 or the mentally incapacitated individual regains competency.
Another exception to the one-year statute of limitations is the “discovery rule.” This exception applies when the victim could not have reasonably discovered their injury at the time of the accident. In such cases, the statute of limitations might not begin to run until the victim discovers, or reasonably should have discovered, the injury. This exception is particularly important if you have sustained an injury that was not immediately apparent, such as a traumatic brain injury or internal bleeding.
Parties that Can Be Held Legally Liable for a Maryville, TN Car Accident
To recover the compensation you need, it is important to have a clear understanding of who can be held legally responsible for your Maryville car accident. In some cases, determining liability is a challenging process. However, this process can be made easier with the assistance of our car accident attorneys. We know who to look at after analyzing the facts of a case and can put those skills to use for you. The following are typical parties we sue for car accident injuries in Maryville:
The At-Fault Driver
Usually, the most common party held responsible for a car accident is the at-fault driver. Liability in such cases is typically established through evidence of negligence, which can include violating traffic laws, driving under the influence of drugs or alcohol, or driving while distracted. In other words, if a driver fails to exercise reasonable care while driving and this failure results in an accident, they can be held liable for any damages caused as a result of their actions.
Employers of At-Fault Drivers
If the driver was performing work-related duties at the time, their employer can be held liable for any damages or injuries that result. This legal principle is known as “vicarious liability,” which essentially means that employers can be held responsible for the actions of their employees that were carried out within the scope of their employment.
This can include scenarios such as a delivery driver getting into an accident while making a delivery or a salesperson getting into an accident while driving to a client meeting. In such cases, the injured party might have the right to seek compensation from both the driver and their employer, depending on the circumstances of the accident.
If the cause of the accident is determined to be a vehicle defect, the manufacturer of the vehicle or the manufacturer of the specific parts involved in the defect could be held accountable under product liability laws.
Examples of such defects typically include faulty brakes, defective tires, malfunctioning steering components, or even issues with safety features such as airbags and seat belts. In these complex cases, proving that the manufacturer was negligent can be challenging, often involving large companies and legal teams. Fortunately, we have years of experience fighting against interests that would be hard to face on your own.
In certain situations, the owner of a vehicle that was involved in an accident could be held liable for damages, even if they were not driving the vehicle at the time of the accident. This can happen if the owner knowingly allowed someone who was unfit or inexperienced to operate their vehicle, which resulted in the accident. Fortunately, the owner can be held responsible for any harm caused by the driver, as well as any damages to other vehicles, property, or people involved in the accident.
How a Maryville, TN Car Accident Lawyer Can Help Your Case
As mentioned, car accidents are often complicated, and determining who is legally at fault can be a difficult process. It requires a thorough investigation of the accident scene and the gathering of evidence, such as witness statements, police reports, and accident scene photographs. This is where an experienced lawyer can be invaluable, as they have the skills and resources necessary to carry out these critical tasks effectively.
Insurance companies can play a crucial role in car accident cases. However, dealing with these companies can be challenging as they typically seek to minimize the compensation they pay out. This is where our team can help. We can negotiate with insurance companies on your behalf, aiming to secure a fair settlement that adequately covers your damages. We can also advise you on your legal rights and options, ensuring you are not taken advantage of.
If a fair settlement cannot be reached through negotiations, it will usually be necessary to file a lawsuit. This involves drafting and filing legal documents, adhering to various procedural rules, and presenting your case in court. With our training and experience, we can file your lawsuit in the proper court and prepare for arguments the defense might make from the start.
Further, our firm will represent you in court, arguing your case and presenting evidence to the judge or jury to support your claim. Ultimately, our goal is to ensure that you receive the compensation you are entitled to and that your legal rights are protected.
Our Maryville, TN Car Accident Attorneys Can Help
Contact Howe Law by calling (844) 876-4357 for a free case analysis with our car accident lawyers.