Steps to Take If You Are Involved in a Car Accident in Tennessee
Car accidents happen in the blink of an eye, but their consequences can last for weeks, months, or even years. From physical injuries and emotional trauma to medical expenses and complex insurance claims, the process of recovery and resolution can quickly become overwhelming. At The Law Offices of John Day, P.C., we work with injury victims across Nashville, Davidson County, and throughout Middle Tennessee to help them navigate these stressful situations. With offices in Brentwood, Nashville, and Murfreesboro, we are committed to supporting you through each phase of the process with legal guidance you can trust.
This guide outlines the key steps you should take following an accident. From what to do at the scene to protecting your legal rights, our goal is to empower you with knowledge and ensure you are positioned to receive full and fair compensation.
Why Following the Right Steps Matters
Your actions immediately after a crash can directly impact your well-being and legal recovery. Taking the right steps can protect your health, strengthen your insurance claim, preserve evidence, and reduce your risk of being unfairly blamed. Even in situations where fault appears obvious or the damage seems minor, errors in handling the aftermath may later complicate your ability to recover compensation. The following steps are designed to help you stay safe, preserve your rights, and make informed choices from the very beginning.
Step One: Ensure Safety and Call 911
The first priority after any accident is safety. If you or anyone else is injured, call 911 right away to request emergency medical assistance. If it is safe to do so, move your vehicle to the side of the road or another safe area, but do not leave the scene. Turn on your hazard lights to alert other drivers. Leaving the scene of even a minor crash could be considered a hit-and-run under Tennessee Code Annotated section 55-10-101.
When law enforcement arrives, answer their questions truthfully but avoid admitting fault or speculating about the cause of the accident. Stick to the facts. The officers will prepare a report that may be critical for your insurance claim or legal case.
Step Two: Contact the Police and File an Official Report
Tennessee law requires drivers to report an accident to law enforcement if it involves injuries or death, property damage exceeding one thousand five hundred dollars, or damage to government property exceeding four hundred dollars. Even if the damage appears minor, filing a police report is always advisable. This official document will serve as vital evidence for any insurance claim or personal injury lawsuit.
In addition, Tennessee Code Annotated section 55-10-107 requires you to file an Owner/Driver Report with the Department of Safety within twenty days if the accident meets any of these criteria. Filing this report preserves your legal compliance and may protect your driving privileges.
Step Three: Document the Scene Thoroughly
Before leaving the scene, take time to collect evidence that may be crucial later. Use your smartphone to photograph all vehicles involved, including license plates, visible damage, and their final positions. Capture the surrounding environment, including road signs, skid marks, debris, lighting, and weather conditions. If you have visible injuries, take pictures of those as well.
Write down or record your own recollection of the accident while the details are fresh in your mind. If there are any witnesses nearby, ask for their names and contact information and request a brief description of what they saw. Eyewitness statements can become essential in proving liability, especially if the other party disputes the facts later.
Step Four: Exchange Information with the Other Driver
Tennessee law requires that drivers involved in an accident exchange specific information. Be sure to gather the other driver’s name, address, driver’s license number, license plate number, and insurance provider with policy number. Remain respectful and courteous, but avoid apologizing or admitting fault. Fault will be determined based on all available evidence, not based on comments made in the immediate aftermath.
Step Five: Seek Prompt Medical Attention
Even if you feel fine at the scene, it is important to be evaluated by a medical professional as soon as possible. Some injuries, including concussions, soft tissue damage, and internal trauma, may not be immediately apparent. A medical evaluation not only ensures your health and safety but also creates an official record linking your injuries to the accident.
This documentation is vital for insurance claims and personal injury cases. Delayed treatment can give insurers an opportunity to argue that your injuries were not caused by the crash or were not serious. Prompt medical care protects both your well-being and your legal claim.
Step Six: Notify Your Insurance Company
Your auto insurance policy likely requires that you report any accident in a timely manner, regardless of fault. When speaking with your insurer, stick to the basic facts and avoid speculation. Do not give recorded statements without legal advice, and never accept a settlement offer without understanding its implications. Insurance companies may offer quick settlements that fail to account for long-term medical costs or pain and suffering.
If the at-fault driver’s insurance company contacts you, you are under no obligation to speak with them directly. In fact, it is often best to have your attorney handle these communications to protect your interests.
Step Seven: Keep a Detailed Record of Everything
Start a file—either physical or digital—containing all documents related to your accident and injuries. Include medical records, bills, and prescriptions, as well as estimates and receipts for vehicle repairs. Save all correspondence with insurance adjusters, along with photographs and videos from the scene. Keep a log of missed workdays, symptoms, daily pain levels, and the impact on your lifestyle or family responsibilities.
Having a comprehensive and organized record not only supports your claim but also helps ensure that all damages are accounted for during settlement negotiations or trial preparation.
Step Eight: Understand Tennessee’s Comparative Fault Rule
Tennessee applies a modified comparative fault system. This rule means that you can recover damages as long as you are less than fifty percent at fault for the accident. If you are partially at fault, your compensation will be reduced by your percentage of fault. For example, if you are awarded one hundred thousand dollars but found to be twenty percent at fault, your recovery would be eighty thousand dollars.
This legal framework makes it especially important to collect and preserve strong evidence. Insurance companies often attempt to shift blame to reduce the amount they are required to pay. A skilled attorney can help protect your right to fair compensation under this rule.
Step Nine: Know the Statute of Limitations
In most personal injury cases, Tennessee law provides only one year from the date of the accident to file a lawsuit, as outlined in Tennessee Code Annotated section 28-3-104. This deadline is known as the statute of limitations, and missing it could mean permanently losing your right to recover damages.
Wrongful death claims also follow specific timelines. Because of these variables, it is wise to speak with a qualified attorney as soon as possible to ensure that your claim is filed on time.
Step Ten: Contact The Law Offices of John Day, P.C.
While insurance companies may appear cooperative at first, their primary goal is to reduce payouts. At The Law Offices of John Day, P.C., we understand the tactics insurers use and how to counter them effectively. Our team conducts thorough investigations, gathers essential evidence, and ensures that your claim reflects the full extent of your damages.
We evaluate not just your current medical expenses, but also your future care needs, emotional distress, lost wages, and long-term consequences. If a fair settlement cannot be reached through negotiation, we are fully prepared to take your case to trial to protect your rights.
Why Choose The Law Offices of John Day, P.C.
Our firm has built a reputation for compassionate, effective legal advocacy throughout Tennessee. We provide personalized attention to each client, and we only get paid if we win your case. From the moment you contact us, we are committed to clear communication, prompt action, and delivering meaningful results.
You can expect a comprehensive case evaluation, tailored legal strategy, and unwavering dedication from our entire team. With extensive trial experience and deep knowledge of Tennessee personal injury law, we are equipped to handle even the most challenging cases.
Types of Accidents We Handle
Our attorneys represent clients in a wide variety of motor vehicle accident cases, including rear-end collisions, T-bone crashes, rollovers, head-on collisions, and hit-and-run incidents. We also handle cases involving drunk or distracted drivers, uninsured or underinsured motorists, multi-vehicle pileups, pedestrian and bicycle accidents, and crashes involving commercial vehicles or rideshare services.
Every case is different. We tailor our strategy to reflect the specific circumstances of your crash and the full scope of your losses.
Damages You May Be Entitled to Recover
If you were injured in a car accident caused by someone else’s negligence, you may be entitled to recover compensation for your medical expenses, including hospital visits, therapy, and rehabilitation. You may also be able to claim damages for lost income, diminished future earning capacity, and property damage.
Non-economic damages such as pain and suffering, emotional trauma, loss of enjoyment of life, and permanent disability may also be awarded. In cases involving fatal injuries, families may pursue wrongful death damages to account for lost companionship and financial support.
Serving Communities Across Middle Tennessee
With offices conveniently located in Brentwood, Nashville, and Murfreesboro, we are proud to serve clients in Davidson County, Williamson County, Rutherford County, Sumner County, Wilson County, Maury County, Cheatham County, and beyond. Our familiarity with the local courts, roadways, and insurers gives us a strong advantage in representing our clients effectively and efficiently.
Get Help Today — Contact Us for a Free Consultation
You should not have to navigate the aftermath of a car accident alone. At The Law Offices of John Day, P.C., we are ready to listen to your story, explain your options, and take action on your behalf. There is no fee unless we recover money for you.
Call us at 615-742-4880 or use our secure online form to schedule your free, no-obligation consultation. Let our experienced legal team help you take the next step toward recovery, peace of mind, and justice.




