Legal Question in Personal Injury in Tennessee

I was driving home from work around 8:30 in the morning. I was sleepy and was dozing off to sleep. I wrecked to my right hitting brick pillers and a brick mailbox which was all put together with A LOT of concrete in it. My mother's vehicle is totalled. It pushed the motor up into the dash. It broke my right ankle and my left knee cap. Do I have any grounds for a lawsuit against the owners of the mailbox since it was NOT a break away structure ? I have had several people tell me I do have a case. i just want to know from someone with more knowledge. Thank you.


Asked on 5/20/13, 9:08 pm

1 Answer from Attorneys
John Barney Barney Law Firm

I think you would have to see if the city or county where the accident occurred have any regulations regarding mailboxes. If so, you may have an argument. However, I think you would have a difficult case because in Tennessee we have a system called comparative fault. If it is determined that you are at least 50% at fault for causing the accident - e.g. falling asleep - you cannot recover for your injuries.

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Answered on 5/21/13, 9:59 am


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