Legal Question in Personal Injury in Tennessee

lawsuit for no-fault accident

My husband in his truck and a child on a bicycle collided back in the spring. My husband was riding down a neighborhood road at night. He was going the speed limit and we have no street lights. Ahead he sees a child on a bike with no reflectors wobbling down the other side of the street. He slams on his brakes and child wobbles out in front of him and hits the truck. He is thrown off the bike and the truck is dented in the front (driver side). James is given a sobriety test that he passes b/c the cops smell beer on his breath (he had 3 earlier in the day and 1 at dinner about an hour before driving). He passes the test. The child is injured but OK now. No ticket is issued.

Now we are being sued for 125,000 by the mom. She is saying that my husband was drunk and driving over the speed limit - neither of which is true. The cops did not arrest him for anything. Our insurance only covers 50,000 in liability. What are the chances she will win this case and get that $$? We have a police report that backs up the fact that this was just an accident - no one was at fault. My husband and I are both extremely traumatized and worried about the entire thing. She wants a jury trial - do you think this will happen? Thanks so much for your help


Asked on 10/31/06, 3:37 pm

1 Answer from Attorneys
Marc Reisman Rosenblum & Reisman, P.C.

Re: lawsuit for no-fault accident

I assume you have made a claim on your insurance and if you have, stop worrying at least for now. If the child was not hurt to badly, I would think the $50,000 in insurance coverage will be sufficient. The insurance company will provide you a defense and I am sure its lawyers (who are obligated to represent your best interest) will provide you with good advice. You need to communicate well and often with your lawyer and express your concerns about the amount of coverage. I would urge you and everyone who may be reading this to obtain more than merely $50,000 in liability coverage. As you are learning, that simply is not enough to cover practically any case involving an injury. I hope things work out well for you and please consult your attorney about this.

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Answered on 10/31/06, 4:41 pm


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