Answers to Your Questions About Mid-South Injury Lawsuits
Have questions about what to do if you have been injured in a car or truck wreck in Tennessee or one of the neighboring states? Don’t know how to proceed if a medical error or birth injury has harmed or killed a loved one in Memphis or another Tennessee location? The experienced trial attorneys at the Holton Law Firm have the answers you need. If you do not see your question answered here, contact our office to learn more about your individual case.
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Are there Special Rules which Apply to Truck Drivers? Yes.
Commercial truck drivers are required to have a CDL, (commercial drivers license), and are regulated by the Department of Transportation. The number of hours a commercial driver can be behind the wheel without a break is strictly regulated. Commercial drivers are required to keep detailed log books about how long they drove, when they rested and for how long.
Most commercial trucking companies also equip their trucks with specialized GPS devices which can show how long the truck was driven at a particular time, as well as speeds, directions and stops.
When investigating a wreck involving a Commercial Truck, the Holton Law firm will get all GPS and driver log data to evaluate the truck driver’s conduct.
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Where do I get a Copy of My accident Report and how much will it cost? If your car accident occurred in Memphis, the Memphis Police Department will have a copy of the accident report.
Accident reports are available for pick up in person Monday through Friday between 8 a.m. and 4 p.m. at 201 Poplar Avenue on the 11th floor. The cost is 50 cents per page. Most accident reports are 4 or 5 pages in length.
The Holton Law Firm will get a copy of your accident report for you as part of our initial investigation.
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I was ticketed for the accident but it wasn’t my fault, can I still sue the other driver? Yes.
Just because you were ticketed for the accident does not mean that you can not sue the other driver. Tickets are written by the officer who is called to the accident scene.That officer did not see the accident happen and so all he can go on is what he is told by the drivers and witnesses. Police Officers are human and they do make mistakes. If you received a ticket for the wreck and it was not your fault, you should contest the ticket. Even if the ticket is not dismissed, you can still bring a lawsuit if it can be shown that the other driver was at fault. If the Holton law firm represents you, we will talk to all the witnesses and thoroughly investigate the accident on your behalf.
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What is an Accident Report and why should I get a copy of it? If you have been involved in a car or truck wreck, the accident report is the most important document you can have. The accident report is filled out by the officer who investigates your accident, and in most cases, it will have all of the information you will need to make a claim, or file a lawsuit.
The accident report will have the exact time and location of the wreck. It will have the names of all the drivers involved and their driver’s license numbers. It will also have the names of the owners of all the vehicles involved.
The accident report will also have the names, addresses and phone numbers of all of the witness who saw the accident and who were interviewed by the investigating officer.
In most instances the accident report will also have a statement about how the wreck happened and who was at fault.
The Holton Law Firm will get a copy of your accident report as part of our initial investigation.
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I am not sure who owned the car that hit me, how can I find out? All of the information about a car or truck wreck should be in the accident report which is completed by the investigating police agency. If the wreck occurred in Memphis, the Memphis Police Department will complete the accident report. If the accident occurred outside the city, in Shelby County, the Shelby County Sheriff’s office or the Tennessee Highway Patrol will complete the accident report.
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I’ve been in a car wreck in Tennessee. If I was injured, how long do I have to file a lawsuit? The time limit to file a lawsuit is called the Statute of Limitations. Each state has its own Statute of Limitations. There are also different Statutes of Limitations for different types of lawsuits as well as different Statutes of Limitations for Adults and Children.
In the case of a car or truck wreck involving injury to an adult, Tennessee has a one year Statute of limitations. What that means is in Tennessee, an adult has just one year from the date of an accident where they were injured to file a lawsuit. The one year Statute of Limitations for Personal Injury cases in Tennessee is a very strict deadline. If you do not file the lawsuit within that year, in almost all cases, you will have missed the deadline and you will not be able to recover.
In the case of a minor, (someone under the age of 18), the minor has until one year from their 18th birthday in which to bring a lawsuit for personal injuries from a car or truck wreck.
There are a number of exceptions to the Statute of Limitations which may apply in your particular case. We recommend you call the Holton Law firm as soon as possible to make sure that you comply with the statute of limitations deadlines.
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