Crossville is a small city of about 10,000 people located near the center of Cumberland County, Tennessee. It was a key crossroads during the Civil War, and the allegiance of its residents was divided during that conflict. Additional highways were built there after World War II. The city is located on top of the Cumberland Plateau, nearly 2,000 feet above sea level, and stands near the Obed River. Several lakes are located near the city boundaries. If you have been hurt on a road near Crossville by another driver’s careless actions, you may want to consult attorney Matt Hardin in bringing a car crash lawsuit against the person responsible for your injuries. Mr. Hardin has gained significant experience as a Crossville car accident lawyer, helping many individuals who have suffered from car, truck, or motorcycle wrecks as well as slip and falls, dangerous products, medical malpractice, wrongful death, and other types of harm.
Your ability to recover compensation from a defendant may hinge on whether you can prove the elements of negligence. These consist of duty, breach of duty, actual and proximate causation, and damages. One of the most common situations leading to a car accident is when a distracted driver collides with someone else on the road. However, some crashes are the result of carelessness or misconduct by more than one party.
Tennessee follows the doctrine of modified comparative fault. This means that all negligent parties can be held accountable for damages arising from an accident, including the victim. A jury will apportion fault among everyone who has been deemed to be at least partly responsible. In Tennessee, if a victim is 49% or less at fault, he or she can pursue damages. However, an injured person who is 50% or more at fault cannot recover at all. A Crossville lawyer who understands car accident cases can evaluate how this rule may impact your case.
For example, a construction company might fail to put up warning signs when it closes lanes. Meanwhile, a driver is speeding in the lane next to you. If you are driving down the road, you might swerve suddenly to avoid the sudden lane closure. At the same time, the speeding motorist might crash into you and cause you to suffer a serious injury. In this situation, there may be multiple parties at fault for the accident.
You could potentially sue the other driver and the construction company, asserting that both of them were negligent. The other motorist may claim that you were negligent because you should have noticed the roadwork ahead and should have changed lanes sooner to avoid the sudden swerve. The jury will consider the relative fault of each of the parties and evaluate the total costs arising from the accident, and a Crossville car accident attorney can help you present your case.
Suppose the jury assesses that you incurred $500,000 of compensable damages. If it finds the other driver is 50% at fault, the construction company is 30% at fault, and you are 20% at fault, you will be able to recover $400,000. On the other hand, if the jury agrees that you should have seen the lane closure sooner and switched lanes more safely, it might determine that you were 50% at fault. This would mean that you could not recover any amount of the $500,000 that the crash cost you. The dramatically different outcomes that the modified comparative fault rule can produce are a key reason why it is important to retain an experienced attorney.
If you have been injured in a car wreck near Crossville, the other driver’s insurer does not owe you any legal duty. Therefore, it is important not to confide in the insurer. Instead, you should contact an experienced car accident lawyer to find out whether you have a claim against the other driver and discuss how best to pursue it if you do. You can arrange a free and confidential consultation with Matt Hardin by calling 615-200-1111 or completing our online form.