Dickson is a small city of about 15,000 people located in Dickson County and the Nashville Metropolitan Statistical Area in Tennessee. Its median household income is over $34,000. Like other places in Tennessee, the area has rolling hills, easy access to the interstate, and many recreational opportunities. There are a number of large state parks in its surroundings. Nearby communities include Burns and Charlotte, the historic county seat. If you are hurt in a car crash near Dickson, you should consult an experienced attorney to evaluate whether you have a viable claim for compensation. Dickson car accident lawyer Matt Hardin is knowledgeable in all types of lawsuits arising from injuries, such as car, truck, or motorcycle wrecks, medical malpractice, wrongful death, premises liability, and defective products.
A victim trying to prove that another person or entity was negligent in causing an accident must show the defendant’s duty, the defendant’s breach of duty, actual and proximate causation, and damages. Sometimes it is straightforward to prove these elements, but often the other driver in a car crash case tries to argue that the injured person was also negligent and deserves to bear some of the financial burden. After a car accident, your Dickson attorney can help you navigate these claims.
Under the doctrine of modified comparative negligence, each responsible party will be held accountable only up to his or her fair share of the damages. Some states follow the doctrine of joint and several liability. This rule provides that if multiple defendants are deemed responsible, any of them can be held accountable for the full amount of damages even if he or she is only slightly at fault. In Tennessee, this doctrine has been abolished, and a defendant is only liable for the percentage of damages for which he or she is deemed to be responsible.
If a jury finds a victim 50% or more at fault, he or she will be barred from recovering damages altogether, even if there are multiple parties involved. A Dickson car accident lawyer can help you strategize if this is a possible outcome in your case. For example, if the injured person was speeding on a rainy day, while the defendant failed to stop at a red light, a negligence lawsuit may result. The jury may estimate the total damages at $250,000. If the jury decides that the victim was 50% responsible for the accident because he or she was speeding, he or she will not be able to recover any of the $250,000.
On the other hand, the jury may find that the defendant was 60% responsible, and the victim was 40% responsible. In that case, the injured person can recover $150,000 from the other driver if the overall costs are measured at $250,000. He or she will be responsible for the remaining $100,000 of the damages and may face a counterclaim for that amount from the defendant if he or she also was harmed in the accident.
If you were hurt in a car accident near Dickson, Burns, or Charlotte, seeking the advice of a skilled lawyer can change the outcome of your case. In many cases, liability is unclear and multiple parties may be at fault. A knowledgeable advocate can present your version of events as persuasively as possible to defense attorneys, insurance adjusters, a mediator, a judge, or a jury. Contact Matt Hardin by calling (615) 200-1111 or sending a message through our online form.