The Toll FirmThe Toll Firm2026-04-13T16:49:19Zhttps://www.tollfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1504180/2023/01/fav-icon-75x75.pngOn Behalf of The Toll Firm<![CDATA[How does Tennessee’s comparative fault rule work?]]>https://www.tollfirm.com/?p=474572026-01-15T15:06:29Z2026-01-15T15:06:29ZTennessee’s comparative fault rule can affect how much money you might recover after an accident, so it usually helps to have a basic working understanding of how it functions before you make big decisions about a personal injury claim.
What does comparative fault mean?
Comparative fault is a way courts and insurance companies sometimes divide responsibility when more than one person may have contributed to an accident. Instead of placing all of the blame on one person, each person might receive a percentage of fault based on their actions.In Tennessee, this usually comes up in personal injury claims such as car crashes, slip and fall incidents and other situations where someone claims another person’s careless conduct caused injuries. Because every situation turns on its own facts, the exact percentages in any one case are usually open to argument.
How does Tennessee’s 50% rule apply?
Tennessee follows what is often called a modified comparative fault rule with a 50% cutoff. In simple terms, your share of fault may reduce your recovery and if your fault reaches a certain level, you may not recover anything at all.The general structure of the rule works this way:
If you bear less than 50% of the fault, your possible compensation usually decreases by your percentage of fault.
If you bear 50% or more of the fault, Tennessee law generally prevents you from recovering damages from the other party.
Because decision-makers base fault on evidence and sometimes on witness credibility, reasonable people may disagree about where the 50% line falls in a real case.
How can fault percentages affect compensation?
To see how the rule can work in practice, it sometimes helps to walk through a simple example. Imagine a jury decides your total damages are $90,000 and also decides you were 20% at fault for speeding, while the other driver was 80% at fault for texting.Under Tennessee’s comparative fault rule, that 20% usually reduces the $90,000 by the same percentage, which would drop your recovery to $72,000. If the jury instead decided that you and the other driver were each 50% at fault, Tennessee’s 50% rule would generally prevent you from collecting damages from that other driver.Because of outcomes like this, many people in Tennessee choose to be cautious about what they say to insurers about fault before they understand how those statements might be used.
Where does shared fault commonly arise?
Many everyday accidents involve more than one contributing factor. Comparative fault frequently becomes an issue in situations such as:
Car crashes involving distraction, speed or traffic signal timing
Slip and fall claims where hazards exist alongside questions about awareness
Injury events where several decisions combine to produce harm
Details like lighting, visibility, warnings and reaction time often shape how people assign responsibility.
Aligning expectations with how fault is evaluated
How decision-makers weigh responsibility can shape expectations and guide choices, especially when motor vehicle accident fault remains open to interpretation. Remembering that fault rarely falls into an all-or-nothing category may help you set realistic expectations and prompt careful reflection about next steps and priorities.]]>On Behalf of The Toll Firm<![CDATA[Top 5 causes of wrongful death in Tennessee]]>https://www.tollfirm.com/?p=474482025-11-26T13:48:46Z2025-11-26T13:48:46ZCommon causes in wrongful death cases
These are the leading causes of wrongful death in Tennessee:
Motor vehicle accidents: Due to distracted driving, speeding, driving under the influence and driver fatigue
Medical malpractice: Due to misdiagnosis, surgical errors, failure to treat and medication mistakes
Workplace accidents: Due to unsafe working conditions, equipment failure and inadequate training
Product liability: Due to faulty production
Slips and falls: Due to poor lighting and unsafe walkways
While these reasons have different causal factors, they all share one element: negligence.
The prevalent factor that contributes to wrongful death cases
Wrongful death cases occur when your loved one’s cause of death results from another’s wrongful act, omission or killing. These include negligence-based acts, especially if the at-fault party failed to perform or breached their duty of care. Identifying this and establishing causation is key to seeking recovery for your family’s loss, including economic and non-economic damages.
Actions to take to protect your family’s future
If you suspect your loved one’s passing was wrongful, you need to act immediately. Holding the responsible party accountable requires proving their negligence. Gathering critical evidence can help you find the truth.
However, this task can be an overwhelming process to face alone under the state’s strict time limits. An experienced personal injury attorney can offer guidance and help you navigate this challenging situation.]]>On Behalf of The Toll Firm<![CDATA[The role of diagnostic testing in uncovering car accident injury]]>https://www.tollfirm.com/?p=474472025-09-22T16:30:18Z2025-09-29T16:29:07ZCar accidents can leave injuries that do not appear right away. You might feel okay immediately after the crash, but pain, stiffness, or numbness can show up days or weeks later. Early medical testing helps protect your health and documents injuries for treatment or insurance purposes.
Why invisible injuries can derail your recovery
Even minor collisions can cause soft tissue damage, nerve problems or internal injuries. These may not appear in a routine exam. Missing them can delay treatment and make recovery harder. Diagnostic tests reveal injuries that you might not notice on your own.
Essential tests that uncover hidden damage
Medical professionals often use several tests to uncover injuries that are not obvious:
MRI (Magnetic Resonance Imaging): Provides detailed images of muscles, ligaments, and spinal discs. MRIs can detect herniated discs, torn ligaments or brain injuries that X-rays cannot show.
CT scan (Computed Tomography): Offers a clear view of bones and internal organs. CT scans reveal fractures, internal bleeding or organ damage from impact.
EMG (Electromyography): Measures nerve and muscle activity. EMGs detect nerve compression or damage that imaging may miss.
These tests guide treatment and document injuries for insurance claims or legal cases.
How a lawyer helps protect your rights and health
Managing medical care and insurance claims can feel overwhelming. A Tennessee car accident lawyer can help make sure doctors order the right tests and collect medical records to support your case. Their experience coordinating with medical professionals helps protect your rights while you focus on recovery.
Steps to make sure your injuries are fully checked
Seek medical attention promptly even if you feel fine.
Record all symptoms including pain, numbness or stiffness.
Ask about MRI, CT or EMG if your injuries are not obvious.
Follow up as some injuries appear days or weeks later.
Taking care of your health while protecting your claim
Hidden injuries can affect your health if they go untreated. Proper testing helps uncover these injuries and guides recovery. Working with an experienced lawyer can ensure you get thorough medical evaluations and maintain peace of mind as you focus on healing.]]>On Behalf of The Toll Firm<![CDATA[Dog owner liability under Tennessee’s one-bite rule]]>https://www.tollfirm.com/?p=474352025-08-08T15:15:59Z2025-08-08T15:15:59ZUnderstanding Tennessee’s one-bite rule
Liability under the one-bite rule depends on whether the owner had knowledge or had known about the dog’s dangerous behavior, not simply whether a bite has occurred. If a dog has shown signs of aggression in the past, such as biting, growling or lunging, the owner may be responsible for injuries caused by the dog. Evidence like previous incidents, complaints from neighbors or warnings from veterinarians can establish this knowledge.
Knowing when an owner becomes legally responsible is crucial for both victims and dog owners.
When can dog owners be held liable for bites?
As a dog owner, you may face liability if you fail to take reasonable steps to prevent your dog from harming others. This is especially true after observing aggressive behavior. Reasonable steps include keeping the dog restrained, using warning signs and supervising interactions with guests.
If you are a victim, you must prove that the owner either knew about the dog’s dangerous tendencies or was negligent in controlling the animal. Dog owners can defend themselves by showing that the victim provoked the dog or entered the property unlawfully.
If you are involved in a dog bite incident, knowing the right steps to take can protect your legal interests. Here’s what you should do immediately after an incident.
What should victims and dog owners do after an incident?
After a dog bite incident, you should take the following steps to protect your health and legal interests:
Seek medical care: Prioritize treatment for your injuries and obtain official medical records.
Document the incident thoroughly: Take photos of injuries, secure witness statements and keep records of past complaints about the dog.
Report the bite to local authorities: Ensure the incident is officially documented with animal control or law enforcement.
Consult with a legal professional: Get advice on your rights and obligations under Tennessee’s dog bite laws.
Cooperate with investigations: Provide accurate information to authorities to support the legal process.
Taking these steps promptly can help you strengthen your legal position, whether you are the victim or the dog owner. Early action can make a significant difference in the outcome of your claim or defense.
Know your legal rights after a dog bite
Whether you are an injured victim or a concerned dog owner, understanding the one-bite rule is important. Liability under this rule requires careful evaluation of each case. Consider consulting with an attorney to fully understand your legal rights and obligations.]]>On Behalf of The Toll Firm<![CDATA[Injuries at Tennessee summer camps: What parents need to know about liability and safety]]>https://www.tollfirm.com/?p=474182025-05-26T16:09:15Z2025-05-26T16:09:15ZSummer camps offer children exciting adventures and valuable life experiences across Tennessee each year. Parents trust these camps to provide safe environments where their children can grow and learn new skills. However, accidents and injuries can occur despite safety measures being in place. Understanding your legal rights and the responsibilities of camp operators becomes crucial if your child suffers an injury while attending a summer camp in Tennessee.
Understanding camp liability in Tennessee
When you send your child to summer camp, the organization assumes a duty of care toward your safety and well-being. Consider these important liability factors:
Negligence claims: These involve situations where camps fail to provide reasonable care, resulting in injury to a child.
Waiver limitations: While you might sign liability waivers before camp begins, these documents cannot protect camps from all forms of negligence or reckless behavior.
Statute of limitations: Tennessee law gives you one year from the date of injury to file a personal injury claim, making swift action essential if your child suffers harm.
Premises liability: Camp owners must maintain safe grounds and facilities for all activities children participate in during their stay.
Camp injuries often result from inadequate supervision or failure to follow set safety protocols. This may even count as negligence under Tennessee law.
Safety measures that protect your child
Knowing what safety standards camps should maintain helps you make informed decisions about where to send your child. These elements are key in protecting camp-goers, so keep an eye out for these practices that camps should implement:
Staff training which includes first aid certification, emergency response procedures and activity-specific safety protocols
Regular equipment inspections to identify potential hazards before they cause injuries
Proper supervision ratios to ensure adequate oversight during all activities
Emergency plans for various scenarios including severe weather, medical emergencies and other potential crises
You can protect your child by looking up camps thoroughly and asking direct questions about these safety measures before enrollment.Tennessee summer camps provide wonderful opportunities for children, but safety must remain the top priority. If your child experiences an injury at camp, it is a good idea to consult with a personal injury attorney who knows Tennessee's laws on camp liability. They can guide you along the legal process while you help your child recover.]]>On Behalf of The Toll Firm<![CDATA[Car crashes and PTSD: How to recognize and treat trauma]]>https://www.tollfirm.com/?p=474162025-03-31T09:25:08Z2025-03-31T09:25:08ZHow does PTSD manifest?
PTSD causes intense emotional destabilization due to stimuli associated with a traumatic incident. Many people with PTSD become avoidant. They may stay out of cars or off of roads that they associate with the collision they experienced. Others experience protracted states of hyperarousal. They may become agitated and aggressive toward others or uncontrollably weepy because of their intense emotional reactions to external stimuli. Sights, sounds, locations and even smells can trigger PTSD symptoms.
People may have flashbacks or intense nightmares. They may withdraw from social relationships or lash out at the people closest to them. PTSD can affect family dynamics and earning potential by changing an individual's personality and ability to navigate certain circumstances.
How do people treat PTSD?
Unfortunately, there is no universal cure for PTSD. Some people respond well to medication, but medication often only helps to control certain symptoms. Typically, those with PTSD require extensive therapy to recover from the condition. They may undergo talk therapy. They may seek out specialists who offer different types of cognitive or behavioral therapy to help them manage their symptoms.
Exposure therapy is common, as is eye movement desensitization and reprocessing (EMDR) therapy. People with car crash PTSD may require years of mental health support before their symptoms subside in some cases. Covering those costs can be challenging, especially if symptoms affect an individual's earning potential.
Seeking compensation for PTSD treatment and its impact on income can help those traumatized by major car wrecks. Connecting difficult emotional reactions to a recent car crash can help people seek economic justice after a collision caused by another’s negligence leaves them traumatized.]]>On Behalf of The Toll Firm<![CDATA[What Tennessee cyclists need to know about their crash risk]]>https://www.tollfirm.com/?p=474102025-02-05T13:48:31Z2025-02-05T13:48:31Zmeet the requirements for rear reflectors and front-facing lights. They may also need to either install aftermarket turn signals or learn how to use hand gestures to indicate when they intend to turn or stop in traffic.
Unfortunately, even cyclists who use the best safety gear and who are very fastidious in traffic could still end up hurt because of how drivers behave. What do cyclists generally need to know about their risk?
Crashes are a constant concern
Some drivers truly resent sharing the road with cyclists. They may become aggressive towards cyclists and may try to intimidate them by swerving at them in traffic or refusing to yield to them as they should at intersections.
Other drivers may fail to notice cyclists in traffic. Especially when drivers don't actively watch for bicycles, they might fail to notice a cyclist who is perfectly visible to others in traffic. Whether a driver causes a crash with a cyclist because they don't know the rules of the road, behave aggressively or fail to notice them, the cyclist is at significant risk of injury. As a result, many cyclists employ defensive cycling techniques to reduce their collision risk. They yield when they do not necessarily need to and generally treat others in traffic as a threat to their safety.
How can cyclists cover collision costs?
In a car-bicycle collision caused by a motor vehicle, the cyclist theoretically has the right to request financial compensation. They may begin with a basic insurance claim. Drivers generally need to carry $25,000 in bodily injury liability coverage.
Unfortunately, some drivers don't have insurance. Cyclists are also at increased risk of catastrophic injuries because their bicycles don't protect them from the force of a crash. If there isn't insurance or if injuries are quite extensive, cyclists may need to file a personal injury lawsuit. They can theoretically hold drivers directly responsible for their current and future medical expenses and their lost wages.
In some cases, there might even be third parties with a degree of liability after a car crash involving a bicycle. Design issues with a bicycle or motor vehicle might increase the likelihood of a collision. Manufacturers could be partially liable. A driver might be on the job, which could mean that their employer has a degree of liability for the crash.
Obviously, avoiding a bicycle collision is the best case scenario. But, if a collision does occur, cyclists should be ready to hold others accountable for endangering them on public roads.]]>On Behalf of The Toll Firm<![CDATA[3 top safety tips for driving around 18-wheelers]]>https://www.tollfirm.com/?p=473992024-12-11T17:17:41Z2024-12-11T17:17:41Z1. Stay out of their blind spots
Even with oversized mirrors and add-ons, those operating semi-trucks cannot see all the way around the vehicle. Other drivers generally want to avoid driving in the lane to the left of the trailer or two lanes to the right of the trailer. They should also maintain a safe following distance behind the truck so that they don't disappear into the blind spot behind it either.
2. Merge and pass with care
Semi-trucks are often subject to a lower speed limit than passenger vehicles. Other drivers may want to go around semi-trucks, especially on roads where there aren't separate lanes for slow and fast-moving traffic.
When merging in front of a semi-truck or passing one, it is important to remember that they take longer to slow down than other vehicles. Drivers should leave sufficient space between the front end of their vehicle and the rear end of the semi-truck. Cutting off a semi-truck in traffic can have disastrous results because the driver may not be able to stop.
3. Leave more space at intersections
Semi-trucks generally make wide turns. Anyone approaching an intersection should always check for traffic in any other lanes. If one of the vehicles near the intersection is a semi-truck, drivers approaching the intersection should leave a little extra space by staying farther back from the intersection. That way, the driver can easily conduct a turn.
Those involved in crashes caused by semi-trucks may need help. Such collisions often cause massive damage and lead to complex insurance claims. Sometimes, a lawsuit may be the only way to reasonably address the harm caused by an 18-wheeler crash. Remembering the safety tips outlined above can help drivers limit their risk of such collisions and put them in a position to establish that they were not at fault should one occur.]]>On Behalf of The Toll Firm<![CDATA[Are truck drivers driving while fatigued?]]>https://www.tollfirm.com/?p=473942024-10-05T22:35:45Z2024-10-05T22:35:45ZRules can only restrict professional drive time
Some companies don't put the health and well-being of their workers first when making decisions. Instead, a focus on profitability and efficiency. Some transportation companies might demand that drivers stay out on the road for as long as is necessary to get a load in on time.
Commercial drivers could be at risk of very unhealthy work schedules if their employers had total control over how long their shifts lasted. The Federal Motor Carrier Safety Administration (FMCSA) recognizes fatigue as a serious concern in the commercial transportation sector. In an effort to promote public safety and prevent abusive employment practices, the FMCSA has enacted Hours of Service rules.
Drivers have to limit how long they are on the road on any given day. The rules also require certain breaks and limit how long they can drive over a seven-day or eight-day period. Electronic logging devices make it easier to identify overt violations.
However, there's no guarantee that a commercial driver rests when they are not on the schedule actively driving. They may have a commute to and from work. They may also have a family that puts demands on their time.
Truck drivers can also develop medical conditions, like sleep apnea, due to their largely sedentary jobs. Such conditions can impact the quality of sleep that they get and increase their risk of falling asleep at the wheel. The unfortunate reality is that even at the beginning of a shift, a truck driver might already feel exhausted. They usually don't have the luxury of calling in sick just because they are tired.
When people believe that fatigue may have contributed to a commercial vehicle collision, they may be able to pursue compensation through insurance claims or a personal injury lawsuit. Proving that unsafe driving contributed to a crash can help people demand accountability afterward.]]>On Behalf of The Toll Firm<![CDATA[When do most car crashes occur?]]>https://www.tollfirm.com/?p=473572024-08-10T23:27:47Z2024-08-10T23:27:47ZRisky times to drive change with the season
When reviewing crash data from 2023, it becomes quite clear that the time of day that is most dangerous to be on the road fluctuates with the season. During the late fall, winter and early spring, late afternoon is the deadliest time to be on the road.
Between November and the end of March, most deadly collisions occur between 4 p.m. and 7:59 p.m. In the summer months, non-fatal crashes tend to happen earlier in the day, between noon and 3:59 p.m. Deadly crashes during the warmer months, on the other hand, tend or occur between 8 p.m. and 11:59 p.m.
Light levels and social habits throughout the year may influence overall collision risk. It is worth noting that while there tend to be far fewer vehicles on the road after dark, there are quite a few serious collisions during the night. While the night is not statistically the worst time for crashes overall, it may be particularly dangerous when accounting for the number of crashes as compared to the number of miles traveled.
For many people, the late afternoon and early evening are times when their risk of a collision is highest. They may want to minimize their travel during these high-risk times depending on the season. They may also want to explore alternate routes that keep them away from the busiest streets where crashes are more common.
Identifying and learning from collision trends and potentially help people avoid life-altering motor vehicle crashes. Drivers who know when their risk is higher than usual can make informed choices about their driving habits.]]>