The Kennedy Law Firm, PLLC REPRESENTATION YOU CAN PUT YOUR FAITH IN 2026-07-17T10:55:43Z https://www.kennedylawfirmpllc.com/feed/atom/ WordPress /wp-content/uploads/sites/1504297/2020/12/cropped-KennedyLaw-fav-icon-32x32.png On Behalf of The Kennedy Law Firm, PLLC <![CDATA[What’s the difference between a marked and unmarked crosswalk]]> https://www.kennedylawfirmpllc.com/?p=53616 2026-07-17T10:55:43Z 2026-07-17T10:55:43Z Legal crosswalk types in Tennessee Tennessee recognizes two distinct crosswalk environments. Drivers must yield to pedestrians in both of these areas:
  • Marked crosswalks: These areas feature painted white lines, ladders or solid blocks directly on the pavement to direct foot traffic.
  • Unmarked crosswalks: These exist automatically at any standard intersection where 2 roads meet at right angles, even if there is no paint on the ground.
The Tennessee Department of Transportation clarifies that an unmarked crosswalk extends the sidewalk across the road from one corner to the opposite corner. Courts may hold drivers legally liable for accidents in both locations.

The bridge to driver liability

A motorist who fails to yield to a pedestrian violates the standard duty of care. While these rules strictly protect individuals traveling on foot, they do not apply to active cyclists. Under Tennessee law, authorities legally consider individuals actively riding a bicycle as vehicles. Therefore, cyclists do not receive the same crosswalk right-of-way protections as pedestrians. Furthermore, Tennessee's modified comparative fault system can reduce or entirely bar your financial recovery if your own actions contributed to the crash. If you bear 50% or more of the fault for the accident, you cannot recover any damages. If you bear less than 50% of the fault, the system reduces your recovery by your exact percentage of fault.

Action steps after a crash

Your health and your legal claim depend on your immediate choices. Medical professionals must evaluate your physical condition right away and shock often hides severe internal injuries or concussions. Keep all medical documentation to ensure accuracy. A driver might claim you walked outside a legal safety zone or stepped off the curb too quickly to avoid paying for your recovery. An attorney can gather traffic camera footage, interview witnesses and counter unfair insurance allegations. Speaking with a local personal injury lawyer can help you secure the support your family needs to move forward.  ]]> On Behalf of The Kennedy Law Firm, PLLC <![CDATA[Tennessee’s minimum e-bike rider age increases July 1]]> https://www.kennedylawfirmpllc.com/?p=53608 2026-06-24T19:20:27Z 2026-06-24T19:20:27Z What are the new rules? Tennessee acknowledges three different types or classes of e-bikes. Class 1 and 2 e-bikes are smaller and are subject to a maximum assisted speed of 20 miles per hour (mph). Class 3 e-bikes can reach up to 28 mph, and they are only legal to ride on roads, not on bike paths. Riders must wear a helmet, regardless of age. Given their ability to reach and sustain speeds higher than human-propelled bicycles and their heavier weight, Class 3 e-bikes can potentially cause serious injuries if an e-bike rider collides with another cyclist or strikes a pedestrian. Beginning on July 1st, teenagers must be at least 16 to operate Class 3 e-bikes. Safety experts and medical professionals note that e-bikes can be especially dangerous for young operators due to the high speeds they can reach. Children are at risk of broken bones and internal injuries. They can also lose control of their e-bikes, striking others on bicycles or even pedestrians. E-bikes can cause serious injuries and property damage when inexperienced riders lose control or fail to follow traffic laws. Unlike motorcycles and cars, they do not typically require insurance, which can leave injured parties struggling to cover the costs of an e-bike collision, especially if a young teen was at fault for the crash. Those involved in an e-bike collision may need support documenting what occurred and holding unsafe riders or possibly their parents accountable for property damage and injury-related expenses. Reviewing the circumstances of a bicycle collision with an attorney can help people identify regulatory violations and potential sources of post-collision compensation.]]> On Behalf of The Kennedy Law Firm, PLLC <![CDATA[What to do if your insurance claim is denied after a car accident]]> https://www.kennedylawfirmpllc.com/?p=53606 2026-06-10T13:08:30Z 2026-06-10T13:08:30Z Review the denial letter Under Tennessee law, insurance companies must handle claims in good faith and provide clear reasons for any denial. When you receive a denial letter, read it thoroughly. The letter should explain why your claim was rejected. Common reasons include:
  • Missed deadlines
  • Insufficient documentation
  • Disputes about who was at fault
Understanding the reason for denial is the first step in addressing the problem. In some cases, denials occur due to administrative errors or missing information that can be corrected. Alternatively, insurance companies may deny claims to avoid paying what they owe.

Check for an internal appeal process

Most insurers maintain an internal appeal process. This allows you to challenge their decision without pursuing litigation. The denial letter should include information about how to file an appeal and any deadlines you need to meet. Follow the instructions carefully and submit any additional evidence that substantiates your claim. This may include:
  • Medical records that document the injuries
  • Repair estimates for vehicle damage
  • Witness statements from people who saw the accident
  • Photographs of the accident scene and damage
  • Official police report
You may also need proof of lost wages if you missed work due to your injuries. The appeal provides an opportunity to present your case again and correct any issues that led to the initial denial.

Consider legal action if necessary

If the insurance company denies your appeal or ignores your request, filing a lawsuit may be your next option. Legal action can help you pursue the compensation to which you are entitled. It can also hold the insurance company accountable for its obligations under your policy. In Tennessee, you generally have one year from the date of the accident to file a personal injury lawsuit. During this process, both sides exchange evidence and information through a phase called discovery. This may involve depositions, document requests and interrogatories. Many cases are resolved through settlement negotiations before reaching trial. However, if a fair settlement cannot be reached, the case may proceed to court.

Protecting your rights after a claim denial

When you are already dealing with injuries and stress from an accident, a claim denial can feel like another setback. You may question how you will manage the financial burden of medical treatment or vehicle repairs. In such cases, it may be beneficial to have a knowledgeable advocate who can help challenge the denial and secure fair compensation.]]> On Behalf of The Kennedy Law Firm, PLLC <![CDATA[Montgomery county crash trends in 2025]]> https://www.kennedylawfirmpllc.com/?p=53604 2026-04-17T09:33:14Z 2026-04-17T09:28:01Z safety figures for Montgomery County suggest specific windows of time and certain driving behaviors that may contribute to road incidents. Based on available reporting from the Tennessee Department of Safety & Homeland Security, paying close attention to when and how you drive can help you navigate local roads more safely.

Potential seasonal increases

Historical patterns in Tennessee often show a rise in crashes during the late autumn months, particularly October. This seasonal shift may be influenced by several factors, including shorter daylight hours and changing road conditions. While these trends can fluctuate annually, the late fall months often represent a window where extra caution on familiar routes might be beneficial.

Afternoon commute considerations

Data suggests that the late afternoon commute, specifically the hour between 4:00 and 5:00 p.m., remains a busy period for local traffic. This timeframe aligns with the peak evening rush, school dismissals, and increased commercial travel. Staying alert during this hour is often helpful, as higher traffic volumes can lead to more frequent interactions between vehicles.

Observed high-risk categories

Reports often highlight specific demographics and behaviors that appear frequently in local statistics. Teen drivers and senior drivers are groups that sometimes face unique challenges on the road, while distracted driving remains a significant contributing factor across all ages. Because an incident can involve multiple factors such as a distracted driver within a specific age group—practicing focused driving habits may reduce personal risk.

Notable fatal crash factors

While certain behaviors like drowsy driving or drug impairment are statistically dangerous, they are often secondary to broader issues like speeding or a lack of seatbelt use, which frequently contribute to fatal outcomes in Tennessee. Even if these incidents occur less often than minor collisions, their potential for severity remains high. Understanding that fatigue or impairment can be just as impactful as speed may help you make safer decisions before getting behind the wheel.

Staying safe on the road

If you frequently travel through Montgomery County, being particularly mindful during the autumn months and the late afternoon rush may help you stay safer. While no single data point can predict every incident, focusing on the risks associated with distraction, speed and timing can be a practical way to go through local traffic more effectively and prevent any car accident.]]> On Behalf of The Kennedy Law Firm, PLLC <![CDATA[Are low-speed parking lot injuries compensable in Tennessee?]]> https://www.kennedylawfirmpllc.com/?p=53542 2026-01-30T13:13:58Z 2026-01-29T16:21:14Z You stepped out of the grocery store with your cart when a car backing out struck you. The driver apologized profusely, but you waved it off. After all, the car was barely moving, and you didn't see any bruises or cuts. However, you might be surprised to learn that even low-speed collisions can cause serious harm. You deserve compensation for your injuries, regardless of the vehicle's speed.

The dangers of low-speed crashes

The confined spaces and slow speeds in parking lots often create a false sense of safety. Many people assume that slow-moving vehicles can't cause significant injuries. This assumption is dangerous and incorrect.  Low-speed crashes can often result in traumatic brain injuries that don't show immediate symptoms. You might also suffer spinal cord damage that reveals itself days or weeks later. Additionally, the impact from a vehicle striking you in a parking lot can cause bone fractures that aren't immediately painful.  These hidden injuries can affect your quality of life for months or even years. Hence, understanding these risks becomes especially important in parking lot accidents where drivers and pedestrians often underestimate the danger.

Proving fault under Tennessee laws

Even if your parking lot injury proves serious, you must show that the driver's negligence caused your harm to receive compensation for your injuries. Fortunately, you are still eligible for compensation for your injuries provided your share of the blame stays under 50%. This is because Tennessee follows a rule called comparative negligence.  For example, if the driver failed to check their mirrors before backing out or ignored pedestrian right-of-way rules, they bear the primary fault. You can still seek compensation even if you share some blame, as long as your fault totals less than half. This system protects injured pedestrians in parking lot accidents where determining responsibility can become complex.

Three key types of compensation you can claim

Once you establish fault in your parking lot accident case, you can pursue several types of damages. Hence, knowing what compensation is available helps you seek the full recovery you deserve:
  • Medical expenses: You can recover costs for hospital visits, physical therapy, diagnostic tests and future treatment.
  • Lost wages: You can claim compensation for missed work and any reduction in your earning capacity.
  • Non-economic damages: You can receive payment for physical discomfort, psychological trauma and diminished quality of life.
These three categories work together to address both the financial and personal impact your parking lot injury has caused.

Seek the compensation you deserve

Whether a car hit you in a busy shopping center lot or a quiet office parking area, your injuries deserve proper legal attention. Parking lot accidents may seem minor at first glance. However, they carry real risks that deserve serious attention. Your injuries matter, whether the car hit you at 5 mph or 50 mph. Don't let anyone minimize your pain or dismiss your concerns. You have the right to seek fair compensation for all damages you've suffered. Taking prompt action protects both your health and your legal options moving forward.]]> On Behalf of The Kennedy Law Firm, PLLC <![CDATA[Tennessee reports five-year decline in fatal car crashes in 2025]]> https://www.kennedylawfirmpllc.com/?p=53527 2025-12-12T09:18:00Z 2025-12-12T09:16:51Z If you drive on Tennessee roads, you have reason to feel encouraged. Recent data from the Tennessee Department of Safety shows a steady decline in car accidents over the past five years.  This downward trend marks a significant improvement for drivers across the state. Here is what the numbers reveal and what they mean for you.

Five-year car accident trends in Tennessee

The latest statistics reveal encouraging progress for Tennessee roads. Each year since 2021 has shown fewer crashes than the year before. Here is a breakdown of the annual totals:
  • 2021: 193,066 car accidents recorded
  • 2022: 185,786 car accidents recorded
  • 2023: 177,894 car accidents recorded
  • 2024: 175,241 car accidents recorded
  • 2025: 125,233 car accidents recorded as of September
These figures demonstrate a consistent downward pattern. The state has seen nearly 68,000 fewer accidents compared to four years ago. This consistent decline suggests that safety efforts are making a significant difference. But what does this actually mean for your daily commute?

What this means for Tennessee drivers

These numbers signal safer conditions on Tennessee highways and local roads. Fewer accidents mean fewer injuries and lives lost. For daily commuters, this trend offers peace of mind. Your chances of arriving safely at your destination have improved compared to recent years. State safety initiatives and increased driver awareness likely contribute to this positive shift. Still, safer roads do not eliminate risk entirely. Even with declining numbers, thousands of crashes still occur each year. That is why taking personal precautions remains essential.

Keeping yourself safe on the road

While these statistics bring good news, they should not lead to complacency. Accidents can happen anytime and anywhere. You can reduce your risk by following these simple safety practices:
  • Eliminate distractions and keep your eyes on the road at all times.
  • Maintain a safe following distance from the vehicle ahead of you.
  • Obey posted speed limits, especially in construction zones and school areas.
  • Never drive under the influence of alcohol or other substances.
These habits help you stay alert and react quickly to unexpected situations. By making them part of your routine, you contribute to the safer roads Tennessee has been building. Of course, even when you do everything right, accidents can still happen. Knowing your options ahead of time can make a difficult situation easier to handle.

If you find yourself in a crash

Even the most careful drivers can face unexpected collisions. If you find yourself involved in an accident, know that help is available. A personal injury attorney can guide you through the legal process. They work to protect your rights and help recover damages. Whether the crash is minor or serious, having professional support allows you to focus on healing and getting back on the road with confidence.]]> On Behalf of The Kennedy Law Firm, PLLC <![CDATA[How the SCRA protects military members during a Tennessee divorce]]> https://www.kennedylawfirmpllc.com/?p=53521 2025-10-09T07:21:10Z 2025-10-09T07:21:10Z Protections under the SCRA Nonmilitary spouses may serve divorce papers to their military member spouses who are actively serving the country. However, this means that military personnel may not be able to respond to a divorce summons on time. The SCRA protects military members from receiving penalties or default judgments in a divorce case for failing to respond. The law understands the challenges of military life and ensures that the service does not bring unfair disadvantages in legal matters. As a result, the military member can request a delay in proceedings and participate without the stress of duties.

How SCRA impacts divorce proceedings

While military divorces are complex, the courts remain neutral and consider both the rights of military members and their civilian spouses when addressing the following:
  • Child custody: A judge can issue a child custody order based on a child’s best interests while also considering the difficulties of military deployment.
  • Child and spousal support: A judge can enforce the military spouse to support their dependents, provided that proper hearings occurred.
The courts encourage couples to have open discussions to reach fair agreements about these issues.

An action to move forward with the divorce safely

Although the SCRA provides valuable protections, facing a military divorce can be overwhelming. Consider consulting an attorney who has experience in military divorce cases. They can help explain the rights of a servicemember and offer legal help in addressing divorce disputes.]]> On Behalf of The Kennedy Law Firm, PLLC <![CDATA[How can delayed vertigo affect your recovery from an accident?]]> https://www.kennedylawfirmpllc.com/?p=53520 2025-10-06T18:03:30Z 2025-10-06T18:03:30Z Understanding delayed symptoms You may wonder why your symptoms didn’t show up right away. The primary reason for delayed vertigo is a phenomenon known as the adrenaline effect. When trauma first happens, your body releases a rush of adrenaline and other stress hormones. These powerful chemical messengers can temporarily mask or hide pain and other severe symptoms. Several accident-related injuries can cause delayed vertigo:
  • Benign paroxysmal positional vertigo (BPPV): Tiny crystals in your inner ear get dislodged
  • Vestibular concussion: The complex balance system inside your inner ear is impacted
  • Whiplash: Rapid back-and-forth movement of your head and neck can indirectly impact the vestibular system
  • Mild traumatic brain injury (TBI): Any impact to the head can cause delayed symptoms
This temporary masking is why many people believe they are uninjured in the immediate aftermath of a crash. However, you should still seek a medical evaluation.

Recognizing the signs and risks

It's essential to be aware of the symptoms to watch for after any accident, even if you feel okay initially. If you start experiencing any of these issues, seek medical help:
  • Spinning or severe dizziness
  • Balance problems or unsteadiness
  • Nausea and vomiting
  • Headaches that don't go away
Vertigo is more than just a dizzy spell. It can cause serious complications like dangerous falls that lead to broken bones or fractures. This condition can also render driving unsafe and impair your ability to perform your job, significantly impacting your overall quality of life.

Next steps: Medical and legal help

Your immediate action after an accident should be a prompt and professional medical examination. Do this even if your symptoms seem mild or you don't have any pain yet. When a delayed symptom, such as vertigo, appears, comprehensive medical documentation is crucial. Doctors use diagnostic tools, such as Romberg’s test and the head impulse test, as well as imaging, to confirm the diagnosis and document the severity of the condition. Early and thorough medical records are absolutely crucial for a personal injury claim. This critical evidence directly links your delayed vertigo to the accident. It helps your lawyer counter insurance claims that your injury is pre-existing or not related to the crash, helping you get the full compensation you deserve. However, the final amount is also subject to Tennessee's modified comparative fault rules and statutory damage caps, which makes experienced legal guidance essential for recovering fair compensation.

Don't ignore the risk of delayed pain

Delayed vertigo is a real and serious consequence of physical trauma. Don't hesitate or delay seeking medical help; consult a doctor immediately after an accident. If your injuries resulted from someone else's negligence, be aware that Tennessee has one of the shortest deadlines in the country for filing a personal injury lawsuit—generally one year from the date of the accident—making immediate consultation with a skilled personal injury lawyer essential to protect your rights.]]> On Behalf of The Kennedy Law Firm, PLLC <![CDATA[Strain vs. sprain injuries: What accident victims should know]]> https://www.kennedylawfirmpllc.com/?p=53477 2025-09-03T12:29:07Z 2025-09-03T12:29:07Z What is a sprain injury? A sprain happens when a ligament, the tough band of tissue that connects one bone to another, stretches too far or tears. You usually feel it when a joint twists suddenly in a way it wasn’t built to handle. That can happen when you roll your ankle on a wet floor or slam your hand against the steering wheel during a crash. What starts as swelling and sharp pain may grow worse if you keep moving as if nothing happened, because ligaments need rest and treatment to heal instead of being pushed past their limit.

What is a strain injury?

A strain happens when a muscle or tendon, which is the tissue that connects muscle to bone, overstretches or tears. The pain can feel eerily similar to a sprain, even though the structure injured is completely different. Think of your back tightening after a sudden jolt in a collision or your hamstring pulling when you slip in just the wrong way. While it might seem like a minor tweak, a strain can sideline you for weeks if you don’t identify and treat it properly.

Why is quick medical attention essential?

You need a doctor to sort out whether your pain comes from a sprain or a strain, because you cannot tell the difference by guesswork. The treatment path depends on getting that answer right from the start. If you wait, the injury can worsen, and just as importantly, you lose the medical documentation that insurance companies demand on strict timetables. That can leave you fighting uphill for compensation once the bills start piling in.

Protecting your health and your rights

After any accident, never downplay pain or hope it fades on its own, because what begins as soreness can turn into a long-term condition that affects your job, your mobility and your daily life. By seeking medical care right away, you protect your health and create the record you need if your injury later becomes part of a claim. When the paperwork and deadlines start to feel like another injury on top of the first, having a lawyer step in ensures you are not alone to carry the weight of recovery and negotiation at the same time.]]> On Behalf of The Kennedy Law Firm, PLLC <![CDATA[How real property may complicate a divorce process]]> https://www.kennedylawfirmpllc.com/?p=53476 2025-08-18T00:26:59Z 2025-08-18T00:26:59Z The challenges of divorcing as a homeowner There are many different issues that divorcing homeowners have to address with one another. For example, they have to decide who stays in the home and who leaves during the divorce. In many cases, the person who stays in the home during the divorce proceedings may seek possession of the home in the property division settlement, although the other spouse could also seek possession of the property. The person who leaves the home may then have to choose between renting an apartment or a standalone home. That decision can potentially have implications for child custody determinations and even the final allocation of the marital estate. When judges settle property division disputes, they look at the obligations of each spouse, including their leases and child custody arrangements. The parent with primary custody may have a stronger claim to staying in the home, as such arrangements keep life as stable as possible for the children. Occasionally, both spouses are able to remain in the marital home throughout the divorce to keep their costs low. In such scenarios, thorough agreements regarding physical maintenance and financial responsibilities are typically necessary to prevent conflict. At the end of the divorce process, one spouse can leave, or the spouses can agree to sell the home and split the proceeds from the sale in a specific manner. If spouses can’t agree about what should happen with the home, then a judge can settle their dispute.

What if spouses own other real property?

Some married couples accumulate portfolios that contain a variety of real estate investments. They might just own a vacation home where they spend summers with their children, or they might own multiple rental properties or parcels of vacant land. Spouses who have shared ownership of multiple properties may have to determine what each property is worth and then come up with a long-term solution for those properties. Spouses can divide the properties so that each owns a few of them. They could agree to sell most of their holdings and share the proceeds. A thorough review of a marital estate overall and details related to real property holdings with a skilled legal team can help people as they begin preparing for divorce. Details ranging from the amount of equity the spouses have to their custody arrangements can influence what happens with their homes and other real estate holdings. Learning more about property division statutes can make it easier for spouses to set appropriate property division priorities during divorce.]]>