The most common cause of all motor vehicle accidents are rear-end collisions or "fender benders." The majority of rear-end collisions are caused by tailgating drivers. Tailgating, often cited as "following improperly" on an accident report results in a failure to stop in time and is the number one cause of rear-end car accidents. According to the Tennessee Department of Safety and Homeland Security there were 789 rear-end collisions in 2018 in Sevier County alone. Contrary to popular belief, the rear-ending vehicle is not automatically determined to be at-fault. So how is fault determined in ..read more

Businesses in Tennessee are under a duty to use ordinary care to prevent business invitees from being injured on their property. Tennessee case law defines ordinary care as the care that ordinarily careful persons would use to avoid injury to themselves or others under the same or similar circumstances. There is no duty to guarantee the safety of those entering upon the property. The owner of a retail store or other premises is not responsible for an injury to a customer who is injured by a defect unless it is shown that the owner had actual or constructive notice of the existence of the defe ..read more

The existence of a duty owed to a plaintiff by a defendant in a Tennessee personal injury case is a necessary ingredient in every negligence action. The existence and scope of a defendant's duty are questions of law to be determined by the court. Staples v. CBL & Assocs., Inc., 15 S.W.3d 83, 89 (Tenn. 2000). In Tennessee business owners are held only to an ordinary duty of care in premise liability actions. However, if the defendant is an amusement ride operator in Tennessee, then the defendant will be held to the heightened standard of care that common carriers owe to their passengers. L ..read more

Green, Waters Ogle and McCarter recovered a $100,000.00 (full policy limits) settlement for a client injured when she was a passenger in a single car accident. Our client suffered serious injuries in the single car crash including 3 broken ribs, a concussion, a fractured ankle and a torn rotator cuff. She was rushed from the accident scene via emergency air flight and spent over a week in the hospital. She had thousands in unpaid medical bills and serious injuries that required surgery and months of physical therapy. "Household Exclusion" Clause in a Car Insurance Policy Can Limit Passenger R ..read more

As one of the most popular tourist destinations in the United States, it should be no surprise that Sevier County is a favored location for various types of thrilling attractions such as roller coasters, alpine slides, mountain coasters, and bumper-to-bumper traffic. In fact, Sevier County has 173 amusement park rides and plays host to the vast majority of amusement rides located in the State of Tennessee. So who makes sure these amusement park rides are safe? Before we get in to how Tennessee regulates (or doesn't) the safety of these rides, it's important to look at a little history- Despit ..read more

It's highly likely if you are in a car accident in Sevier County you will end up in the Leconte Medical Center Emergency Room. Emergency Rooms provide necessary, crucial medical treatment immediately after an accident. Emergency room physicians are specially trained to treat those suffering from trauma such as injuries sustained in a collision. Despite the vital role emergency rooms play in the medical treatment of accident victims, many people still have a misunderstanding about what being "discharged" by the emergency room means. Emergency rooms act as triage trying to determine the extent ..read more

Green, Waters Ogle and McCarter recovered $300,000 (full policy limits) for a client injured in a Sevierville car accident where a drunk driver crossed the yellow line on Chapman Highway hitting him head on. Such accidents occur with alarming frequency on Chapman Highway. Luckily, our client's family was not in the vehicle with him at the time of the crash. Our client suffered multiple abrasions and bruises but his most significant injury was a complex fracture to his ankle which required surgery and months of physical therapy. The at-fault driver was underinsured with liabilty policy limits ..read more

In Tennessee, a vehicle is considered a "total loss" if the repair estimate exceeds 75% of the retail market value as determined by the current published retail costs. TCA 55-3-211 (9)(A). If you are involved in a collision in Tennessee and your vehicle is determined to be a total loss, then the insurance company should use mileage, options, and condition of the vehicle at the time of the accident to determine the value. The Tennessee Unfair Claims Settlement Practices states: The insurer may elect a cash settlement based upon the actual cost, less any deductible provided in the policy, to pu ..read more

Donnie Surber, 48, was killed in a car crash on Chapman Highway at Tipton Station Road in April 11th, 2019, according to the Tennessee Highway Patrol. Isaac Lynn, 28, was injured in the crash. Lynn was driving North on Chapman Highway when he allegedly crossed the center divide into the southbound lanes striking Surber's vehicle head-on. Lynn was taken to UT Medical Center for injuries he sustained in the crash. This makes the third fatality in 2019 on the 22-mile stretch of Chapman Highway from Knoxville to Sevierville. On December 29th, 2018, another tragic death on Chapman Highway sparke ..read more

This week our firm obtained a $15,000.00 judgement in Sevier County General Sessions Court on behalf of our client who suffered a back strain in a rear-end impact car accident. The trial took around 45 minutes and our client did an excellent job testifying honestly and accurately about his injury and related medical treatment. Our client had approximately $4,400.00 in total medical expenses and underwent 4 weeks of physical therapy. Prior to the hearing, the top settlement offer our client received from the at-fault driver's insurance company was $5100.00. At our firm, we take every case and ..read more