Clarksville Car Accidents
Clarksville Legal Advocacy for Car Crash Victims
Clarksville is a fast-growing city in Tennessee that is named after a Revolutionary War hero. It is located at the confluence of the Cumberland and Red Rivers. Major highways and roads that serve Clarksville include U.S. Highways 41 and 79, I-24, and State Routes 12, 13, 48, 76 and 374. The city's population in 2012 stood at over 140,000 residents. Notable people who have lived there include Roy Acuff, Jimi Hendrix, Little Richard, Micah Johnson, Robert Penn Warren, and James B. Reynolds. Clarksville is the home of Austin Peay University and is located near Fort Campbell, a U.S. Army base. At least half of the area’s population has a connection to the base. Some of the units there include the 5th Special Forces Group (ABN), the 160th Special Operations Aviation Regiment (SOAR), the 31st Military Police Detachment, and the 58th Aviation Regiment. An experienced attorney can help you seek damages if you were hurt in a local car crash. Clarksville car accident lawyer Matt Hardin has assisted countless victims of careless or reckless individuals and companies in pursuing compensation for injuries suffered in car wrecks, truck wrecks, wrongful death, medical malpractice, slip and falls, nursing home negligence, and other incidents.
Understanding the Tennessee Comparative Negligence Rule
If you are a plaintiff seeking damages for a car crash in the Clarksville area, you will need to establish the defendant's duty of care, a breach of duty, actual and proximate causation, and actual damages. Although these elements may be straightforward in some cases, they can be particularly complex in multi-car accidents. These collisions might have been caused by the negligence of several parties.
What if you are an accident victim who is also partly at fault for the accident? Tennessee follows the doctrine of modified comparative negligence. This doctrine can be raised as a defense by a defendant to assert that another person, often the plaintiff, is partially or fully responsible for the accident and should have to pay at least some of the damages. A Clarksville attorney well versed in injury law related to car accidents can determine the best way to approach your case under these circumstances.
When a jury determines a compensation award, it will allocate a percentage of fault to each of the parties it finds negligent. A plaintiff that is 49% or less at fault for an accident can recover 51% of the damages arising from it, but a plaintiff who is 50% or more responsible will be barred from recovering any compensation.
For example, a jury may find that a plaintiff has suffered $500,000 in economic and noneconomic damages. However, the jury may apportion fault between multiple parties such that the defendant is found only 25% responsible, another party is found 25% responsible, and the plaintiff is found 50% responsible. In that case, the plaintiff will not be able to recover any of the $500,000. On the other hand, if the jury apportions fault between multiple parties such that the defendant is 30% responsible, another party is 30% responsible, and the plaintiff is 40% responsible, the plaintiff may recover $300,000. Our Clarksville car accident lawyers are experienced in assessing the level of damages you may be able to seek.
In many cases involving multiple defendants, a plaintiff will be able to settle before trial with one or more defendants either through private negotiations or mediation sessions. However, under Tennessee Code § 29-11-105, which covers the effect of a release or covenant not to sue, a plaintiff’s recovery with the non-settling defendants will be reduced by the amount stipulated in the release or covenant, or by the amount of consideration paid, whichever is greater.
Consult a Car Accident Attorney for Guidance in Clarksville
If you were hurt in a car crash near Clarksville, a knowledgeable lawyer can make a big difference as to whether or not you obtain compensation for your injuries. It may be necessary for your attorney to work with a car accident reconstruction specialist to determine what happened and who was at fault in more complicated cases. An aggressive injury lawyer can present the strongest possible evidence to convince a defense attorney, insurance adjuster, mediator, judge, or jury of your version of events. Contact Matt Hardin by calling 615-200-1111 or sending a message through the contact form on our website.