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Smyrna, TN Car Accident Lawyer

Dealing with the aftermath of a major car accident can be truly distressing, especially in cases where someone else’s carelessness caused the crash. Thankfully, you don’t have just to stand by and accept the injustice—or the financial consequences. You might be entitled to compensation if you were injured in a Smyrna wreck caused by another person’s or company’s negligence. Our skilled Smyrna personal injury lawyers can help you fight for a full recovery. You’ve come to the right firm.

How much does hiring a car accident attorney in Smyrna cost?

If you’re concerned about how to pay for the legal representation you need, you’ll be glad to know that it doesn’t require any money to get started. Most qualified injury lawyers will offer a free initial consultation to help you understand your options. They’ll listen to your circumstances and advise you whether your claim is valid and how you could proceed.

At Weir & Kestner, our attorney fees come from your final settlement or court award.  This is called a contingency fee.

When your claim is complete, we will take our portion, and you will receive the rest as compensation for your damages. If we don’t win your case, you don’t pay.

What do I do after being in a crash?

Were you injured in a Smyrna car crash? Protecting your right to recovery is essential. Gather evidence, including driver contact and insurance information, witness statements, photos and videos of the accident scene, and any visible injuries and damages. Next, seek medical attention, even if your injuries don’t seem serious. This step is vital, as not all crash injuries are immediately apparent. If you don’t seek prompt care, an insurance company will try to attribute your injuries to other causes when you file a compensation claim. Then, consult a reputable injury attorney to ensure you fully understand your legal rights and options.

Worried you can’t afford a lawyer? Weir & Kestner works on contingency, so there are no upfront payments, and you don’t owe us a cent unless we win your case. Ready to find out what we can do for your car accident case?

Rules for reporting a crash in Tennessee

Tennessee requires certain legal duties for anyone involved in a car crash. Drivers who fail to follow these rules could face charges and fines. You should contact the police by calling 911 if your accident involves some of the following:

  • Injury, death, or an incapacitated person
  • Damage of $50 or more
  • Intoxication
  • Unlicensed drivers
  • Vehicles that can’t be driven out of traffic
  • Hazardous materials or situations

All those involved in the wreck should move to safety, if possible, and exchange insurance information and contact details. Call 911 if someone refuses to do so or flees the accident scene. They can face hit-and-run charges with penalties of nearly a year in jail and $2,500 in fines, plus driver’s license suspension. 

What types of compensation can I claim for a car crash?

The main purpose of a car accident claim is to return you to the financial state you were in before the crash. Your attorney accomplishes this by collecting “damages” on your behalf. The most common damages in car accident cases are economic and non-economic. Economic damages include medical expenses, property damage, and lost wages, while non-economic damages encompass pain and suffering and loss of companionship.

How long do I have to file a claim?

It can be challenging to concentrate on anything else after you’ve been hurt in a car crash. However, the statute of limitations in Tennessee only allows one year from the date you were hurt to file any legal action. While you can pursue an insurance claim against the at-fault driver, this may take weeks or months to settle. 

This means you’re losing valuable time that your car accident lawyer in Smyrna needs to build your case. Even if the case isn’t closed with the insurance company, filing your case ensures you don’t miss your chance to take the claim to trial if needed. 

Who’s at fault for the collision?

In some situations, even a two-car accident can have multiple liable parties. When your Smyrna, TN, car accident attorney investigates your claim, they will attempt to discover all potential people and entities who could be held accountable. 

For example, suppose someone lost a ladder off their pickup truck in the middle of the night. Government road crews failed to remove the ladder, and the next morning, a distracted truck driver failed to see the ladder in time. They swerved violently, causing other vehicles to crash. You avoid hitting the truck, but another car behind you doesn’t stop in time, rear-ending you. 

In this case, the person who dropped the ladder, the trucker, the government agency, and the rear-end driver may all be liable. Your Smyrna, TN, car accident lawyers at Weir & Kestner will determine their percentage of liability and help you seek the maximum compensation available.

What happens if both drivers are at fault?

Tennessee uses modified comparative fault, which means that when both drivers are liable, the state will allow a damage award of up to 50% liability. It also reduces any damage award by the same percentage.

For example, suppose you are seeking $10,000 in damages and are found 20% liable for your crash. Your settlement will be reduced by 20%, leaving an $8,000 maximum settlement. However, if you are 50% or more at fault, you cannot claim any damages. 

This rule can be complex to interpret, and the insurance company and the other driver’s attorney will try to push the blame onto you. Your legal team will work hard to prevent this from happening.

How do you prove liability?

At Weir & Kestner Injury Lawyers, we’re not your typical stuffy, big-city attorneys; we’re caring legal counselors who aren’t afraid to fight for our clients’ best interests. Having previously represented insurance companies, we’ve seen firsthand the tricks insurers use to devalue or deny valid claims. As plaintiff’s attorneys, we use the insight we gained while working for big insurance companies to make them work for you.

When you hire us, we’ll first focus on relieving your stress and ensuring that you have access to what you need to improve. 

Once that’s covered, we will gather the evidence needed to build a strong case for damages. Rest assured, our conscientious and communicative legal team will be there to guide you each and every step of the way.

Common causes of car accidents in Smyrna

There are many reasons why accidents happen on the road. Our attorneys have seen many factors that make cases more difficult to manage, such as:

  • Intoxication from drugs or alcohol
  • Driving while sleepy
  • Distracted driving
  • Road rage
  • Speeding
  • Reckless driving
  • Vehicles in bad repair or with malfunctioning systems
  • Weather conditions such as snow, ice, and heavy rain
  • Poor road maintenance
  • Inexperienced drivers
  • Defectively manufactured vehicles

We conduct a thorough review of all the elements in your case to identify who is at fault, how their negligence contributed to the crash, and why you deserve compensation for your injuries and property damage. We won’t rest until we have created the most robust case possible from the available evidence. 

Where do most accidents happen in Smyrna?

While collisions can happen anywhere, there are definitely a few spots in Smyrna where accidents are more likely. Take extra care at the following roads and intersections—or better yet, avoid them completely. 

  • Nissan Drive
  • Almaville Road
  • Sam Ridley Boulevard  
  • Lowry Street
  • Murfreesboro Road 
  • Jefferson Pike
  • Weakley Lane
  • Highway 102

Common car accident injuries

Medical expenses will typically be the largest part of your damage claim. That’s because car accidents can lead to serious injuries, including:

  • Amputation or loss of a limb
  • Burns
  • Broken bones
  • Fractures
  • Internal bleeding
  • Traumatic brain injuries
  • Spinal cord damage
  • Whiplash and other neck injuries
  • Cuts and lacerations
  • Bruises

Some injuries don’t appear right away and can develop over time after your crash. Your costs may increase dramatically after you have been fully diagnosed.

“Dos” and “Don’ts” of dealing with insurance after a crash

You may be legally required to report your accident and complete an Owner/Driver Report in Tennessee. Report your crash to your insurance company, providing basic details about the event, including the insurance and contact information about any other drivers. Submit your claim within the timeframe your insurance provider requires and immediately hire a skilled car accident attorney.

Do not speculate about who is at fault, and don’t discuss your injuries with the insurance company. Avoid discussing the situation with anyone besides your lawyer. Don’t try to manage the settlement negotiations independently since your attorney will have more experience to secure a better offer.

Why must I go to the doctor after a crash?

Visiting a doctor after a car accident prevents you from missing crucial injuries that may be “silent.” It protects your health and your claim. If you can prove a direct connection between the crash and your condition, you have a stronger basis for seeking compensation from the at-fault party. 

Our Smyrna car accident attorneys are ready to help

There’s no need to suffer alone due to someone else’s negligence. The experienced legal team at Weir & Kestner Injury Lawyers focuses on providing the best possible representation to victims of commercial car accidents. Contact us online or call our office at (615) 220-4180 to schedule your free consultation. We’ll arrange a meeting with you at our offices in Smyrna, Nashville, Murfreesboro, or Chattanooga – whichever location is most convenient for you.

Helping personal injury victims win their case and lose their stress.


Do I Have a Case?

At Weir & Kestner Injury Lawyers, we are committed to providing the best possible client experience. Fill out our contact form below to schedule your free consultation today.