“Sudden emergency.” These are scary and alarming words. They also describe a legal doctrine in Tennessee which can be applied to the driving regulations sections of our legal code (especially Tenn. Code Ann. Section 55-8-124) The doctrine also has been incorporated into our Pattern Jury Instructions (Civil 3.08). If you have been seriously injured in the past 11 months as a result of any type of collision on a roadway (motorcycle, truck, car, suv, bicycle) you should contact an accident attorney at Krenis Law NOW to discuss the details of what happened. Don’t wait until the twelfth month, as there may not be enough time for us to prepare! When considering whether to consult with a car accident lawyer-the sooner the better. Injuries sustained in Tennessee as a result of vehicle collisions usually must be filed in court within a year of the date of injury. If the injured person(s) are children, the statute of limitations may be more than a year, but only certain damages may be recoverable if it is not filed within the initial year.
55-8-124 states, “the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” So, if your vehicle hits another from behind, you are likely to be found to be at fault, unless some defense like “sudden emergency” can be successfully argued. Since Tennessee is a comparative fault state, this doctrine is considered as a factor in the total comparative fault analysis. Bottom line: if someone is confronted with a sudden, unforeseen emergency situation (tree limb falling onto the road, child running onto the road, heart attack, etc.) and a collision occurs, figuring out who was at fault can be tricky. Make your legal problems mine. Call 736-0889 now.