In the first half of 2022, 3,053 serious or fatal accidents occurred on Tennessee’s roadways according to the state’s Department of Safety and Homeland Security. This included 597 motor vehicle accident fatalities that occurred between January and July.
Auto accidents change lives and cause significant financial and personal costs. If you’ve been involved in one, you have legal right under Tennessee’s fault laws. In Tennessee, you can pursue a claim for compensation from the driver responsible for causing the collision that harmed you.
You’ll need to file your claim on time and effectively navigate the legal system, though, which is easier said than done. To ensure you maximize your chances of recovering the compensation you deserve, contact The Lawyers of Brown and Roberto today at (865) 691-2777.
Our Knoxville personal injury attorneys offer free consultations with an Alcoa car accident lawyer so we can evaluate your case and explain all that we can do for you. With more than 20 years of experience and a Justia 10 out of 10 rating, you’ll see why you can count on our legal team to fight for you.
Who is Responsible for A Car Accident?
Tennessee applies fault laws to motor vehicle accidents. This means that if someone was responsible for causing an accident, they can be required to provide compensation to collision victims.
In fact, someone can be held responsible even if they were only partly to blame, as long as they were at least 51% responsible for the incident.
As McIntyre v. Balentine explains, “so long as a plaintiff’s negligence remains less than the defendant’s negligence the plaintiff may recover; in such a case, plaintiff’s damages are to be reduced in proportion to the percentage of the total negligence attributable to the plaintiff.”
An Alcoa truck accident lawyer will help you to show the other driver bore the majority of the responsibility for your crash so you can get paid for your losses.
How To Prove Your Car Accident Claim
If you want to hold the other driver accountable, proving negligence or wrongdoing is the key to doing so. You can prove negligence by demonstrating a safety law was violated as the failure to fulfill a regulation can create a presumption the other driver did something wrong. Examples could include:
- Drivers who violated speed limit laws
- Intoxicated motorists who broke laws against impaired driving
You can also show the other driver was negligent by demonstrating a “failure to exercise reasonable care,” as explained by Giggers v. Memphis Housing Auth. This means showing:
- The at-fault driver had a legal duty or responsibility to the victim, such as the obligation to be safe on the roads
- The other driver’s conduct fell below the standard of care, resulting in a breach of duty.
- The negligent conduct was a direct cause of injury that the victim can be compensated for
An Alcoa personal injury attorney will help you obtain the necessary evidence to prove these elements of your case, including witness testimony and police reports from the collision scene.
Contact An Alcoa Car Accident Attorney Today
After an auto accident, contact the Lawyers of Brown and Roberto at (865) 691-2777 today to speak with an Alcoa car accident attorney who will work from day one of your case to get you the compensation you deserve.