How Fault is Determined in Tennessee Car Accident Cases
With so many factors being at play in a crash, car accidents are rarely the fault of just one person. Each state has different negligence laws which impact if an injured party is able to collect compensation if they share fault. The state of Tennessee is no exception, allowing accident victims to recover compensation as long as they are assigned less fault than the defendant. If you or a loved one has been injured in a crash, our Nashville car accident attorneys at Bednarz & Bednarz would like to speak with you.
Establishing Negligence in a Nashville Car Accident
Recovering compensation in a car accident involves showing that the other party’s conduct is responsible for your injuries. A successful car accident claim requires proving the following:
- Duty of care: All road users have a duty to follow traffic rules and regulations.
- Breach of duty: The other driver’s conduct violated the standard of care owed to you. In a car accident case, this could entail running a red light, speeding, or failing to yield right-of-way.
- Causation: As a result of the other driver’s actions, you suffered harm.
- Damages: As a result of the accident, you sustained measurable damages. This may be in the form of medical expenses, lost wages, and emotional distress.
Tennessee Practices Comparative Negligence
Each state has its own laws when it comes to a claimant recovering compensation if they are partially at fault. In Tennessee, the injured party is entitled to recovery as long as they are less than 50% liable. This is known as comparative negligence. However, if you are found partly liable, damages will be reduced based on your percentage of fault.
For example, if you submit a bodily injury claim for $30,000 but are deemed 40% at fault, you will only receive a $18,000 settlement check. While this is still a sizable amount, it still leaves you with $12,000 in medical debt and lost wages. By hiring our experienced team of professionals, you can work to reduce or eliminate your liability to recover maximum compensation.
Evidence to Prove Fault
Recovering compensation in a car accident depends on your ability to prove fault and to demonstrate your damages. Common evidence to establish fault in a crash often includes:
- Photographs of the vehicle wreck, the final resting position of the body, and your injuries (demonstrating the severity of impact)
- Video evidence, such as surveillance cameras, cell phone videos, and dash cam footage
- Eyewitness testimony, describing what happened right before the crash, what caused the crash, and other details
- Expert witnesses such as accident reconstructionists which can assess the speed of both vehicles, the angle of impact, and determine the general sequence of events
Each piece of evidence must be documented to show when it was retrieved and when it exchanged hands. Mishandling of evidence may cause it be to thrown out, which can be detrimental to your case. That is why it is crucial to work with our car accident experts to ensure that evidence is gathered and organized appropriately.
Reach Out to Our Nashville Car Accident Attorneys Today
A collision can happen in the blink of an eye, leaving you with thousands of dollars in expenses. When your physical recovery forces you to miss time from work, your bills can quickly become overwhelming. At Bednarz & Bednarz, our legal team has devoted their professional lives to helping car accident victims recover just compensation. To schedule your free consultation with a member of our legal team, contact us online or by calling (615) 623-8789.
