Nashville, TN – Every state has a negligence law that is important or determining the outcome of a civil lawsuit. Tennessee’s negligence statute, which is part of the Tennessee Code, is used to portion fault and damages after any motor vehicle accident. This is crucial for individuals who are involved in an accident because it may affect the amount of money they can collect or whether they are able to bring a lawsuit at all. Victims should consult with an attorney to determine how these laws will be applied to their particular case.
The state’s statute
Tennessee is like many other states in the sense that negligence laws allow fault to be divided between everyone involved in an accident. A collision may not totally be one driver’s fault or the other. Because of the possibility of two or more drivers involved making different mistakes, states have come up with a doctrine called comparative negligence. The state has also modified this general comparative negligence rule to limit recovery in some situations. Anyone who is fifty percent at fault or more cannot receive damages from the defendant. There are also some accidents where both parties are half at fault and neither can recover. As a general rule, an attorney will usually only pursue the case for their client if it seems that they can receive damages based on being less than half at fault.
Other elements of a negligence case
Aside from dividing fault and damages, a negligence case has a few other basic elements, which are present in most automobile accidents. These are a general duty of care to drive safely on the roads, a breach of that same duty, and the causation of a collision. The element that divides damages is the final element that is discussed after these other three are proven by the plaintiff.
Finding out the exact value of a collision
Every car accident is different, which is why legal representation is crucial. It can be very difficult for someone to try to estimate the monetary value of an accident on their own, as things like medical treatment, vehicle damage, lost wages, and other problems that are tied to the initial accident are all factors. A legal professional who has significant injury experience needs to take time to estimate all of these values in accord with the state’s negligence statute.
Attorneys who deal with injuries and accidents
Anyone who has suffered an injury due to the fault of another driver has the option of getting legal representation and filing a civil lawsuit. George R. Fusner has been assisting clients in Nashville and surrounding parts of the state of Tennessee since 1977.
Firm contact info:
7104 Peach Court, Brentwood TN 37027