Boren & Boyd, PLCJackson Personal Injury & Workers Compensation Lawyers | Boren & Boyd, PLC2026-10-30T14:34:07Zhttps://www.borenandboyd.com/feed/atom/WordPressOn Behalf of Boren & Boyd, PLC<![CDATA[What if the driver who hit you has no insurance in Tennessee?]]>https://www.borenandboyd.com/?p=492852026-10-30T14:34:07Z2026-10-30T14:34:07ZMedical bills and missed paychecks are hard enough after a crash, and an uninsured at-fault driver adds another worry. Who will pay for everything now? In many cases, the answer starts with a policy you already have.
Your own policy may cover your injuries
Uninsured motorist (UM) coverage is part of your own auto insurance, and it can help pay for medical bills and lost wages when an uninsured driver is at fault. This protection matters becauseabout one in five Tennessee drivers had no insurance in 2023. Tennessee policies generally include UM coverage unless the policyholder rejected it in writing. If you declined it, health insurance may still cover some medical treatment.
Underinsured drivers may count as uninsured
Tennessee drivers only need $25,000 in liability coverage for each injured person, which a hospital stay and weeks off work can quickly exhaust. When the other driver’s limits are lower than your UM limits, state law generally treats them as uninsured. Your policy may then pay up to your UM limits, minus the other driver’s limits.
Hit-and-run drivers can trigger the same coverage
When the responsible driver is never identified, UM coverage may still apply, but Tennessee adds extra proof requirements. Typically, the vehicles must have made physical contact, or someone outside your vehicle must provide clear and convincing evidence that the other driver existed. You also must report the crash to police within a reasonable time. These details often decide whether amotor vehicle accident claim against an unknown driver moves forward.
Insurers can still dispute these claims
Even when coverage applies, payment is not automatic, because your own insurer stands in the at-fault driver’s shoes. It may challenge fault, the severity of your injuries or the claim’s value. Describing your injuries honestly and completely from the beginning can help protect your claim. Tennessee also generally requires you to file an injury lawsuit within one year, although some exceptions apply.
A quick policy check protects your options
An uninsured driver does not necessarily eliminate your options. Your UM coverage, policy limits and the circumstances of the crash affect what compensation may be available. Review your declarations page for UM coverage and any signed form rejecting or lowering it. If an uninsured or underinsured driver injured you, an attorney can explain how these rules apply to you.]]>On Behalf of Boren & Boyd, PLC<![CDATA[How criminal charges affect a Tennessee wrongful death claim]]>https://www.borenandboyd.com/?p=492832026-10-27T11:49:30Z2026-10-27T11:49:30ZCriminal cases and civil claims: different goals and different rules
Criminal charges punish harmful acts against the public through severe penalties such as jail time or fines. In contrast, a civil lawsuit for wrongful death seeks financial recovery for grieving relatives under Tennessee law. These damages typically pay for funeral costs, unpaid medical bills and lost family income.
These two legal proceedings also rely on very different rules and burdens of proof. In criminal court, prosecutors must eliminate any reasonable doubt about the defendant's guilt to win a conviction. For a wrongful death civil action, families carry a lower burden and must show it is more probable than not that the defendant's conduct caused their loved one's death.
How criminal case outcomes impact civil proceedings
Evidence gathered during the criminal investigation can support an ongoing wrongful death claim. Police reports, toxicology results and witness statements can reveal key facts about the circumstances of the death. A guilty plea or criminal conviction may also stop the at-fault party from denying key facts later.
A dropped charge or a not-guilty verdict does not prevent close relatives from pursuing a civil claim for damages related to the loss. Because civil courts use a lower standard of proof, a jury can still find the defendant liable. Still, Tennessee law generally gives families only one year from when the death occurred to bring a civil claim in court.
What Tennessee families should know before pursuing a civil claim
Tennessee's wrongful death statute sets specific rules about who may file and how long they have to act. Tennessee law gives only certain close relatives the legal right to file, such as spouses or children. Because the criminal and civil cases may run on overlapping timelines, families should be aware that Tennessee's one-year filing deadline continues to run regardless of what happens in the criminal proceeding.]]>On Behalf of Boren & Boyd, PLC<![CDATA[What to do if the at-fault driver dies in a car accident?]]>https://www.borenandboyd.com/?p=492802026-10-23T06:01:27Z2026-10-23T06:01:27ZDealing with the deceased driver's auto insurance
The at-fault driver's auto insurance policy may still respond to eligible claims after the driver's death. Under the terms of the policy, the insurer may still need to address a claim you file. If your damages exceed those policy limits, however, you may need to look toward the driver's estate for any additional recovery.
How to prove fault when the other driver cannot testify
Because the at-fault driver cannot provide a statement, physical evidence often becomes the foundation of a negligence claim. Surveillance footage, dashcam recordings and eyewitness accounts may each help establish what happened at the scene. Cell phone records and expert accident reconstruction analysis could also strengthen your account of the crash.
Pursuing a lawsuit against the at-fault driver's personal representative
Under Tennessee's survival statute, the death of an at-fault driver does not extinguish your cause of action. The claim may survive and proceed against the driver's personal representative. If the court has not yet appointed a personal representative, you may need to petition a probate or chancery court to appoint an administrator ad litem.
Tennessee generally sets a one-year deadline to file personal injury claims. However, Tennessee law suspends that deadline from the date of death until someone appoints a personal representative, for up to six months. Acting promptly after learning of the driver's death is important, since the length of that extension may depend on when the court actually names a representative.
How a legal guide may help
Navigating Tennessee's survival and estate procedures involves overlapping statutes and court-specific rules. An attorney experienced in motor vehicle accident claims may help identify whether an estate is open, determine the correct court and meet critical filing deadlines.]]>On Behalf of Boren & Boyd, PLC<![CDATA[Can you file wrongful death for a workplace accident in Tennessee]]>https://www.borenandboyd.com/?p=490082026-10-04T08:24:14Z2026-10-04T08:24:14ZWorkers' compensation generally limits claims against the employer
Tennessee's workers' compensation system usually provides the main remedy when a covered employee dies in a workplace accident. Families generally seek death benefits through workers' compensation instead of filing a separate negligence claim against the employer.
Workers' compensation may cover funeral costs and provide payments to eligible dependents. These benefits generally do not require the family to prove that the employer caused the death through negligence. Tennessee law also has some exceptions to this rule. The facts of each case matter.
Third parties may create wrongful death options
A family may have a separate claim if someone other than the employer caused or contributed to the worker's death. For example, a defective machine, careless contractor or negligent driver could cause a fatal workplace accident.
Tennessee law allows certain claims against third parties in addition to workers' compensation benefits. The family may also seek damages allowed under Tennessee's wrongful death laws. The available damages depend on the facts and the law that applies.
Finding a responsible third party requires a careful review of the accident. A construction worker killed by defective equipment may have a claim against the equipment maker. A worker killed by another driver's negligence may have a claim against that driver.
Understanding your legal options
A workplace death may involve workers' compensation and a wrongful death claim against a third party. The available options depend on what caused the accident and who was responsible. A Tennessee lawyer can review the facts and explain which claims may be available.]]>On Behalf of Boren & Boyd, PLC<![CDATA[What financial losses can a Tennessee wrongful death claim cover?]]>https://www.borenandboyd.com/?p=490062026-09-18T12:43:38Z2026-09-18T12:43:38ZMedical expenses before death
If the person survived for a period after the injury, recoverable damages may include medical expenses resulting from those injuries, such as:
Emergency treatment
Hospital care
Surgery
Prescription drugs
Rehabilitation
Nursing care
Medical equipment
Keep bills, insurance records and receipts. These records can help document the medical expenses connected to the injury.
Lost income and financial support
A death can also eliminate future income and other financial support. Tennessee wrongful death damages may include the pecuniary value of the decedent's life, which can include financial contributions, services and other benefits depending on the evidence. A claim may consider the person’s age, health, work history, earning capacity and likely future income. It may also include other financial benefits the person would have provided.
Household services
A loved one may also have provided services at home that do not show up on a paycheck. These can include:
Childcare
Home maintenance
Transportation
Household management
Other regular family support
The value of those household services may also be considered when determining the pecuniary value of the decedent's life. Records and testimony can help establish the services the person provided and the financial or practical impact of their loss.
How to document the loss
Families should save medical bills, wage records, tax returns, benefit records, receipts and any other proof of the financial impact. They should also gather information about the care and services the deceased provided.The damages available in a Tennessee wrongful death claim depend on the facts and the law. An attorney can review the losses, identify what may be recoverable and help gather the evidence needed to support the claim.]]>On Behalf of Boren & Boyd, PLC<![CDATA[3 dangers of poor road lighting on Tennessee highways]]>https://www.borenandboyd.com/?p=490042026-09-11T14:27:13Z2026-09-11T14:27:13ZLess time to react to road hazards
Driving at 55 miles per hour means your car travels over 80 feet every single second. Dark lanes block your headlights from showing hazards that sit past your light beams. Poor lighting hurts your ability to avoid sudden danger in three key ways:
Slow recognition of stopped traffic ahead
Poor judgment of distance between moving cars
Inability to see warning signs or lane changes
Drivers rely heavily on streetlights when night falls. Without good lights, a minor mistake by another driver quickly turns into a major crash.
Concealed roadway obstacles and debris
Unlit rural highways in Western Tennessee frequently hide objects directly in the path of travel. Drivers cannot take evasive action around items they cannot see until impact is unavoidable. The following hazards frequently remain hidden under poor lighting conditions:
Fallen cargo or tire treads left by commercial trucks
Deep potholes and broken pavement along shoulder edges
Stray livestock or wildlife crossing rural traffic lanes
Physical vehicle damage from striking debris can cause you to lose total control of your steering wheel. The resulting secondary crashes often lead to substantial medical bills and forced time away from work.
Multiple responsible parties in night crashes
Getting money back for your losses after a dark road crash takes a detailed look at every cause. More than one party can owe you money for your injuries. Fault for a crash on a dark road can rest with different people or groups:
A driver who failed to turn on proper lights
A city or state agency if dark roads created an unsafe hazard
A road crew that failed to place bright work signs
Under Tennessee law, a public agency must have actual or constructive notice of a dangerous road hazard before liability applies, unless the agency created the hazard itself.
Options for financial recovery after a crash
Crash victims face heavy bills and time away from work while trying to heal. Speaking with legal counsel helps you understand your rights and hold at-fault parties accountable.
]]>On Behalf of Boren & Boyd, PLC<![CDATA[When an injured workers’ comp doctor clears them too soon]]>https://www.borenandboyd.com/?p=490022026-09-08T19:25:28Z2026-09-08T19:25:28ZUnderstanding the doctor's role in workers' comp
The workers' comp system relies on medical opinions to decide when an injured worker can safely work again. Doctors evaluate the worker’s condition using clinical findings, diagnostic tests and treatment progress. However, pain is subjective and physicians sometimes focus more on objective medical data than on what the worker experiences day to day. In Tennessee, medical evidence often plays a major role in whether benefits continue, which can create tension when the worker’s pain persists but test results look better.
What to do If an injured worker disagrees
When the worker’s view of the condition does not match the doctor’s clearance, the worker has several options.
Talk clearly with the doctor about pain levels, work limits and daily tasks that are still difficult, and document the conversation in writing.
In Tennessee, the employer or insurer typically provides a panel of physicians, and the worker must select from that panel. If the worker wants to change physicians or seek a second opinion, there is a specific process to follow under Tennessee workers' compensation rules. Confirm those steps before taking any action to avoid losing rights.
Consider whether light-duty work could help the worker stay within the restrictions while healing continues.
Each of these steps helps create a record that may support the worker’s position if the release is later questioned.
Protecting the worker’s recovery
Returning to work while still in pain can create real risks. The worker could worsen the injury or develop new medical problems. Keep detailed records of symptoms, including dates, times, specific pain descriptions, activities that trigger discomfort and names of any witnesses to the limits. Document conversations with medical providers and the employer. If the pain gets worse after returning to work, report it right away to the supervisor and seek medical attention. Talking with a workers' compensation attorney may help the worker understand the options under Tennessee law.]]>On Behalf of Boren & Boyd, PLC<![CDATA[Truck accident v. car accident claims: What is the difference?]]>https://www.borenandboyd.com/?p=489992026-08-15T08:18:05Z2026-08-15T08:18:05ZLiability in a car accident
In a typical car accident, liability usually comes down to one simple question: who was at fault? Investigators rely on police reports, eyewitness accounts and traffic camera footage to piece together what happened. Once the share of fault of both the parties are determined using Tennessee's modified comparative negligence, the injured party can recover damages as long as their fault is strictly less than 50%. While disputes do arise, the process is relatively simple compared to a truck crash.
Liability in a truck accident
Truck accident claims operate on an entirely different level because commercial trucks involve multiple parties in addition to the driver of the truck. Some of the parties that you can hold responsible are:
Trucking company
Cargo loaders
Vehicle maintenance contractors
Truck's manufacturer
On top of that, strict federal rules from the Federal Motor Carrier Safety Administration (FMCSA) govern commercial trucking. A violation of any of these rules can serve as evidence of carelessness. However, knowing precisely where to look and what evidence to seek is essential.
How a legal guide may help
A truck accident claim without proper legal support can put you at a serious disadvantage. Trucking companies and their insurers may avoid blame and minimize payouts. An attorney familiar with these cases knows how to gather evidence before it disappears. They can identify every liable party and build a case strong enough to demand fair payment from everyone.]]>On Behalf of Boren & Boyd, PLC<![CDATA[Was the other driver on their phone? Proving distracted driving]]>https://www.borenandboyd.com/?p=489942026-08-03T16:24:05Z2026-08-03T15:46:54ZUnderstanding Tennessee's distracted driving laws
Tennessee takes distracted driving seriously. State law prohibits all drivers from holding or physically supporting a mobile phone while operating a vehicle. Drivers under age 18 face stricter rules and harsher penalties for violations.
Violations can result in fines. However, they also establish negligence in accident claims. When drivers break these laws and cause crashes, they can be held financially responsible for resulting injuries and damages.
Common signs of phone use behind the wheel
Certain crash patterns suggest distracted driving. Accidents involving rear-end collisions often indicate a driver was not watching the road. Vehicles drifting between lanes or running off the roadway also raise red flags. Witnesses may report seeing a driver looking down at their lap or holding a phone before impact. Even small details matter when building a case.
Types of evidence that prove distraction
Phone records serve as powerful evidence in distracted driving cases. These records show the exact time drivers made calls, sent texts or used apps. In some cases, legal counsel can subpoena this information from wireless carriers.
Additionally, police reports may document officer observations at the scene. Surveillance footage from nearby businesses or traffic cameras can also capture a driver using their phone. Some vehicles have event data recorders that capture what happened before a crash.
Challenges in obtaining phone records
Getting phone records is not always simple. Privacy laws protect this information. In such cases, proper legal channels must be followed. The process requires filing formal requests and sometimes court orders. Carriers may take weeks to respond. Additionally, drivers may deny phone use or claim hands-free operation. Taking prompt action can help prevent important evidence from being lost or deleted.
Holding distracted drivers accountable
Phone use behind the wheel can have serious consequences. While proving distraction can be challenging, evidence from several sources can help reveal what happened. A thorough investigation is often key to understanding the cause of a crash.]]>On Behalf of Boren & Boyd, PLC<![CDATA[Financial challenges families face after a fatal accident]]>https://www.borenandboyd.com/?p=489912026-07-23T02:45:52Z2026-07-23T02:45:52ZThe sudden loss of a loved one is devastating to their family members. And in the midst of their grieving, many families find themselves experiencing a financial crisis.
There isn’t enough money in the world that can replace the loss of a family member. However, if a loved one died because of another person’s negligence or misconduct, a wrongful death lawsuit can help ease the financial burden and allow families to seek justice.
Acting promptly matters
Here’s a closer look at some of the financial challenges families often face after a fatal accident:
Funeral and burial costs: One of the first expenses families typically encounter is paying for afuneral and burial, which may include burial or cremation, cemetery expenses, and funeral home services.
Medical bills: If your loved one received emergency treatment or was hospitalized before their death, you may be facing substantial medical expenses.
Loss of household income: For many families, the deceased was the primary breadwinner or a significant source of financial support. Families may suddenly struggle to pay the mortgage, utilities, car payments and groceries.
Loss of future financial support: The person’s future earning capacity may have included raises, bonuses, retirement contributions and other employment-related compensation.
Loss of benefits: Many employees also receive valuable benefits alongside their compensation. The death of a loved one could also mean the loss of health insurance, pension benefits and life insurance provided through employment.
Childcare and household: A loved one’s contributions often go beyond financial support. If they were the primary caregiver for children, maintained the home or assisted elderly family members, the survivors may need to start paying for those services that were once provided at no cost.
Legal action can’t undo the loss of a loved one. Still, compensation recovered through a wrongful death claim can help families with many of the financial consequences of a fatal accident. It’s essential to act promptly. As time passes, important evidence may be difficult to obtain, and eyewitnesses’ memories begin to fade. Furthermore, Tennessee places time limits on filingwrongful death claims. Missing those deadlines can prevent a family from recovering compensation. ]]>