Note: The VIN number can be found on the dashboard in the left corner where the dashboard and windshield meet. The following laws apply to "accidents occurring upon highways and the premises of any shopping center, trailer park or any apartment house complex, or any other premises that are generally frequented by the public at large. Additionally, you should report the accident to your insurance company as soon as possible. You don't have the legal skills required to settle these claims and don't have an attorney's experience. Under Tennessee law, drivers who are involved in car accidents are required to stop at the scene or nearby, even when no one is injured and there is only property damage to the vehicles. Drunk/impaired driving. What is a reportable accident in Tennessee? Therefore, the insurance companies are anxious to resolve cases with a settlement in which their driver left the scene. Thus, if there is no place to pull off the road at the immediate site of the accident, but there is a safe place very near, the drivers should not leave their vehicles in the middle of a road. Under section 55-10-111, "accident report forms penalty to report, " failing to report a reportable accident is a class C misdemeanor. Drivers who were found to be under the influence after leaving the scene of an accident or who caused bodily harm or death will likely face additional criminal liability. Tennessee Code Annotated §§ 55-10-101 and 55-10-102 include the penalties associated with leaving the scene of an accident.
Regardless of the extent of the property damage or injury in a car accident, every driver involved must stop their vehicle immediately and remain at the scene until they fulfill certain requirements. Why would someone who wasn't at fault flee the scene? These cases usually require extensive and prolonged medical treatment, including surgery, X-Rays, MRIs, CT Scans, and more. What if I crash into property on the side of the road? These include lost wages, medical bills, physical therapy, and vehicle damage or replacement. The right attorney can help explore your legal options and guide you to the best possible financial outcome. Leaving the scene of an accident involving death is a felony.
It can also be found on the driver's insurance card or inside the driver's side door jamb. Leaving the Scene of an Accident Resulting in Death or Injury. Tennessee follows a "modified comparative negligence rule" that reduces the amount a claimant may recover based on your share of negligence. The amount of their liability will be determined in proportion to each driver's percentage of fault. If outside city limits, report the accident to the county sheriff or the nearest office of the state highway patrol. Try to remember important details such as their license plate number and/or state, vehicle make and model, the color of the vehicle, which direction they drove away, characteristics of the driver, etc. These terms may be used interchangeably when it comes to establishing legal liability for the accident.
In Tennessee, the penalty for leaving the scene of an accident depends on the severity, and your actions before/immediately after an accident. Working with a Chattanooga hit and run lawyer could make all the difference in the outcome of your case and help you avoid a life-altering criminal conviction. That means following rules and laws, maintaining reasonable speed, properly signaling, and driving in a way that's not dangerous or reckless. A driver involved in a crash where someone has been injured or killed is required to provide a name and address and show his or her driver's license if asked. If the property damage was more than $400, the possible penalties include a Class C misdemeanor, suspension of driver's license, and a fine of $50. Because the other party caused the accident, however, you face little risk of becoming the defendant in a personal injury lawsuit.
Attempting to flee will only increase your ultimate punishment. To find a Tennessee Small Claims Court nearest you, visit the State Courts website. Can I be sued if I help someone who's been injured in the accident? This law ensures that information can be exchanged and the police can arrive, if necessary. File a lawsuit against the at-fault driver. There are some property damage and personal injury claims which can't be settled. Tennessee law is very clear on leaving the scene of an accident. File your lawsuit against the at-fault driver and not the driver's insurance company. The Nashville car accident lawyers of Matt Hardin Law are committed to helping clients injured in car accidents seek compensation. While they aren't legally required to remain, convincing them to do so will give you time to speak with them and determine if what they saw will help your claim.
A police report helps prove that you were present at the scene and corroborates your claim that the accident occurred and the other driver fled the scene. Be sure to enter the statute of limitations expiration date in your calendar, on your computer, and in your cell phone calendar app. Unfortunately, despite the technological advancements, car accidents on U. S. roadways continue to result in serious injuries. Contact your insurer. When more than $400 in damage occurs, your license will be suspended.
Before you decide, ask us to send you free written information about our qualifications and experience. Under state law, a reportable accident is any accident that results in death, injury, or property damage above $1500. We need to hear your case from your perspective, so pick up the phone today. Administer field sobriety tests for suspected intoxicated drivers. 1 (800) 637-7024or fill out the form below. 50, 000 for two or more people injured in one accident. However, it is not always possible to find the other driver in these situations, so a Memphis hit-and-run car accident lawyer could help recover damages from another source. The stop shall be made without obstructing traffic more than is necessary. We recommend calling law enforcement while at the scene to avoid additional charges. A car accident can trigger several basic emotions — the biggest of which is fear — which may then trigger intrinsic human instincts, such as the instinct to run. These types of damages are intended to punish wrongful conduct and deter others from engaging in that type of behavior and are typically reserved for extreme cases. In many states, a felony offense of this nature may trigger fines of between $5, 000 and $20, 000 and result in up to 15 years in prison.
Rather, your signature is simply an agreement you will appear in court on a date and time to face the charge. § 55-10-102) requires anyone involved in a car accident to stop and stay and the scene. If you are injured, seek medical attention. All drivers in Tennessee who are involved in an auto accident are required by law to stop immediately at the crash scene once it is safe to do so. You can attempt to dissuade the officer, but once they issue the citation you must accept it, and if requested, sign it. The reality is, if you're an average driver, you will be in at least 3 to 4 car accidents during your lifetime. If you are the victims of a hit-and-run, follow these steps to ensure that your health and legal rights are protected: - Call 911. If they do agree to speak with you, ask them to write down what they heard and saw regarding your incident.
How soon you have to report it depends on the severity of the accident. This matters, even in a hit and run, because it's possible that the person who caused the accident isn't the person who fled the scene. Some cases are the result of an honest mistake or a result of panic after the accident. Each type of penalty can be costly and cause significant disruption in your life. Furthermore, in order to receive compensation for injuries or property damage a police report will be required. In collisions involving tractor-trailers, semi-trucks […]. For example, a driver who has an expired or revoked license due to a prior drug charge might flee a crash.
However, if the value of damages exceeds $200, the crime becomes a Class B misdemeanor. Hit and run is growing more common. Use your digital camera, cell phone, iPad or other electronic recording device. Find out now with a FREE case review from an attorney…. However, if you are being questioned by the police about driving under the influence, possession of drugs, or for any other action which might result in criminal charges or your arrest, you have the right not to answer. The rules of evidence are normally waived so you can present your case without fear of objections based on hearsay, relevance and other legal tools used by attorneys in higher courts. News about school bus accidents is a parent's worst nightmare. If someone dies, you'll likely face vehicular homicide or aggravated vehicular homicide charges. You can take accident photos of the damage, the hit and run driver's car, or anything else that might be relevant.
While it may increase the monthly car insurance premiums, it is well worth the price for the peace of mind it provides, especially when you get involved in a car accident with a hit and run driver. Time of day the accident occurred. Drunk driving is a major problem in Tennessee, especially the Knoxville area. This duty requires drivers to behave the same as a hypothetical reasonable person.
Witness Information: - Full name. More severe damage may also lead to the revocation of the convicted defendant's license. Law enforcement has ways of finding and identifying people. The at-fault driver's insurance company refuses to offer a fair settlement amount. If the police officer decides you violated one of Tennessee's traffic laws, you may be issued a traffic citation. Don't leave money on the table! Those percentages range from 25% to 40% depending on the complexity of the case, and the agreement you negotiated when you retained the attorney.