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When you’re involved in a car accident on the Tennessee-Virginia border, understanding which state’s laws apply can be confusing. The experienced Johnson City car accident attorneys at The Haynes Firm can help untangle the mess.
Car accidents on the Tennessee-Virginia border frequently affect drivers traveling through Bristol and along the 81 corridor. They can happen to people driving from Johnson City, Elizabethton, Greenville, Knoxville, and elsewhere in Tennessee who are visiting or working in Virginia. And the rules governing these collisions depend entirely on the state in which they actually occurred.
Tennessee and Virginia have sharply different rules concerning fault and filing deadlines for car accident claims. Where the crash happened, where the lawsuit is filed, where the drivers live, and where the insurance policy was issued can all become important in these cases.
After a Tennessee-Virginia border crash, you can help to document where the claim should be filed by:
Exact location evidence can be especially important near Bristol, where a few hundred feet can change which state’s laws will govern the entire claim.
The car accident attorneys at The Haynes Firm have decades of experience serving clients in both Tennessee and Virginia. If you have been involved in a car crash in either of these states or on the border of the two, we can review your claim, help you understand which state’s laws apply, and assist you in pursuing the full compensation available to you.
To schedule a free and confidential case review with one of our Kingsport car accident attorneys, call The Haynes Firm at 423-928-0165 today. Founded nearly 50 years ago, our firm helps victims of serious injury in Tennessee and Virginia get justice.
The state where the collision occurred usually plays the biggest role, but Tennessee and Virginia view these accidents differently.
Tennessee courts use the “most significant relationship” test to determine which state’s substantive law governs a multistate injury claim. The place where the collision occurs is the starting point, but a court might also consider:
Virginia follows a more traditional rule known as lex loci delicti. Under this rule, the substantive law of the place where the accident occurred generally controls the claim. That means a crash just over the state line in Bristol may be governed by Virginia’s negligence laws, even when the parties involved live in Tennessee.
While there are some similarities between car accident claims in any state, when it comes to shared fault, whether your claim is filed in Virginia or Tennessee can make a big difference.
Tennessee uses a modified comparative fault rule. This allows you to recover damages when you’re less than 50% responsible for the accident. Your recovery is simply reduced by your percentage of fault. So, for example, if you were awarded $200,000 for a car accident claim in Tennessee, but found to be 10% liable for the wreck, your total damages would be reduced to $180,000.
Virginia uses a contributory negligence rule. This means that you’ll likely be barred from any recovery if you’re found to have contributed to the accident at all.
Liability isn’t always straightforward. It can require an investigation, accident reconstruction, witness interviews, and more to determine fault. During your no-cost consultation with one of the experienced car accident attorneys at The Haynes Firm, we can help you understand applicable state laws and determine how best to move forward with your claim.
Tennessee is more forgiving when fault is shared, but under most circumstances, it only allows one year for car accident claims to be filed.
In Virginia, victims of car accident injuries typically have two years to file a claim.
Other deadlines may apply when a crash involves a government vehicle, an underage person, a fatality, or criminal charges.
No matter what the statute of limitations says, it’s always a good idea to talk to a car accident attorney as soon as possible after a wreck. Swift action can help to preserve necessary evidence and work to ensure you don’t miss any important deadlines.
The attorneys at The Haynes Firm can move quickly to gather evidence, determine liability, and build a case for the total compensation you’re due.
Insurance presents a different issue altogether. The law governing an insurance policy may depend on where the contract was issued, where the insured lives, and where the vehicle is most often kept.
A border accident may involve:
The laws governing where you can file a claim and the laws governing the insurance contract may not be identical. However, when it comes to a car accident claim, that matters much less than the limits of the involved policies.
The car accident attorneys at The Haynes Firm have been dealing with insurance companies for decades. Experienced in settlement negotiations, our lawyers are also proven trial attorneys, and we are not afraid to take these cases as far as necessary to help ensure victims of serious injury get fair compensation.
Border accidents may involve competing state laws, strict deadlines, jurisdiction disputes, and insurance policies written under different legal rules. This makes having an attorney with experience in both Tennessee and Virginia all the more important.
The lawyers at The Haynes Firm have more than 70 years of combined experience helping people throughout Tennessee and nearby Virginia communities. We have the background, experience, and drive to help you secure the full compensation you deserve.
To schedule a free and confidential case review with one of our car accident attorneys, contact The Haynes Firm online or call us today.
1009 East Watauga Ave.
Johnson City, TN 37601
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207 East Main Street
Johnson City, TN 37604
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