It was a rear-end collision. The driver behind is automatically at fault, right? Not always. If you rear-ended someone, there is still a chance that they are legally at fault. There are situations where the driver in front is actually responsible for the crash and therefore liable to the driver behind him. These situations are more common than you might think. However, most not-at-fault drivers who were behind in a rear-end collision never think to fight back against the assumption that they were at fault. With the help of a skilled car accident attorney, you may be able to not only absolve yourself of liability but also recover damages from the driver who actually caused your accident. 

How Do I Know if the Driver in Front Was Responsible for My Rear-End Collision?

A good test is to think about what you realistically could have done to avoid rear-ending the driver ahead of you. If you honestly cannot think of anything you should have done differently to avoid the crash, and were not being careless, then you might not be at fault. If the driver in front of you created a situation where you had little or no opportunity to avoid the collision, they may in fact be liable to you. 

Common situations where the front driver is responsible for a rear-end collision include: 

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Tennessee offers some truly beautiful lakes and rivers, and there is no better way to experience these bodies of water than by boating on them. However, be careful - in Tennessee, boating under the influence of drugs or alcohol (BUI) is a crime, similar to the more well-known crime of DUI. However, the laws governing which types of boats fall under BUI laws can be confusing. If you have been charged with a BUI, it is important to get in touch with an experienced attorney. BUI is a serious crime that can lead to steep fines, jail time, and loss of boating privileges. Working with a qualified attorney reduces your risk of facing these harsh penalties. 

Which Watercrafts Fall Under BUI Statutes? 

The general rule is that if you need a license for the type of boat you are operating, you can get a BUI while driving it. This includes all motorized boats, regardless of what type of motor. It does not matter whether you are operating a speedboat capable of achieving highway-like speeds or a small fishing boat with just a trolling motor. You can get a DUI on a slow-moving tractor on land, and you can get a BUI on a slow-moving boat on the water. 

This law also includes sailboats. Sailboats can achieve high speeds and require skill and care to operate. An intoxicated person is unlikely to be able to safely operate a sailboat. 

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Failure to yield the right of way is a common cause of car accidents of all kinds, but it can be an especially serious problem in accidents involving bicyclists and pedestrians. Some drivers are ignorant of the laws governing the right of way for pedestrians and bicyclists, while others may fail to yield the right of way due to other factors that impede their driving abilities. In these cases, pedestrians and bicyclists are largely defenseless, and they can suffer severe injuries. If you have been hit by a car, an attorney can help you pursue compensation through a personal injury claim.

Tennessee Right of Way Laws for Pedestrians and Bicyclists

According to Tennessee law, pedestrians have the right of way at both marked and unmarked crosswalks. Marked crosswalks have white cross-hatching, and they can be found at intersections or between blocks. Any intersection in Tennessee without white cross-hatching is considered an unmarked crosswalk. When a driver approaches a crosswalk where a pedestrian is in the process of crossing the road, the driver should stop and let the pedestrian pass. Pedestrians also have the right of way when they are coming out of an alley or driveway.

Bicyclists in Tennessee are subject to the same traffic laws as drivers of motor vehicles. This means that they must yield the right of way to other vehicles as they would if they were driving a motor vehicle, but it also means that drivers must yield to them. For example, at a four-way stop or an intersection with a traffic light, bicycles should be treated the same as cars. Drivers who are turning right at an intersection should also take special care not to turn into the path of a bicyclist.

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Under Tennessee law, if a person is injured in an accident or incident that is caused by another party’s negligence or recklessness, they are entitled to pursue legal action against that party for financial compensation for their medical bills, loss of income, and other expenses associated with the accident. These are referred to as economic damages.

A victim is also able to pursue financial compensation for non-economic damages. Examples of non-economic damages include pain and suffering, emotional anguish, and other long-term or permanent effects the injuries caused in the victim’s life.

While there are no caps on the amount of economic damages a victim can collect, Tennessee is one of only 11 states that does have a cap on the amount of non-economic damages that can be awarded. Although there has been an ongoing debate about the fairness of that cap since it was passed in 2011, in a recent ruling the Tennessee Supreme Court has again affirmed the law.

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If you were involved in a car accident, truck accident, motorcycle accident, or any other type of accident while driving or riding a vehicle that caused you to become hurt, you might be waiting to hear back from an insurance company about your personal injury compensation. Or maybe you already received a compensation settlement from the insurance company, faster than originally expected. Whatever the case may be, you should still consider retaining representation from a personal injury attorney for the following reasons.

3 Ways a Lawyer Can Help You Get a Better Settlement

When the insurance company makes its decision, your options are not limited—you still can hire an attorney to help you obtain a higher settlement, among other things. Just be sure you do not agree to that original settlement. Do not sign anything if you suspect you are getting taken advantage of. In cases like that, you will want to reach out to a lawyer. Here are a few reasons why hiring an attorney after receiving a mediocre settlement offer is possible, reasonable, and greatly beneficial:

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