With rolling hills, well-ranked schools, good healthcare facilities, and many cultural activities, Dickson County is a great place to live. However, accidents can happen even in the best places to live. After a serious injury, you may be anxious about how you will pay your bills now and into the future. Whether you were hurt in a car wreck, truck wrecks motorcycle wreck, or due to medical malpractice, a trustworthy Dickson County personal injury lawyer can look into all available sources of compensation and advocate on your behalf. We serve those injured in Dickson or Charlotte.
Negligence is found where there is (1) a duty, (2) breach of that duty, (3) actual or proximate cause, and (4) damages. These basic elements must be present for any plaintiff to prevail, regardless of whether the setting of the accident is a street or a hospital table. In many motor vehicle accidents in Tennessee, more than one person is at fault. Sometimes what happened to cause an accident is unclear and the defendant’s insurers will try to pin the blame on you, stating you were comparatively negligent and partially responsible for the accident.
Comparative negligence varies from state to state. In a pure comparative negligence state, an accident victim can be awarded damages even if he or she is partially at fault for an accident. Many states use a modified comparative negligence doctrine. The court will award damages based on the fault of each party, assigning each party a percentage of liability. The damages awarded are based on the assigned percentages. However, in Tennessee, if a plaintiff is 50% or more at fault, he or she will not be able to recover. His or her percentage of responsibility must be 49% or less in order to recover anything.
This rule can become more complex in cases involving multiple parties. For example, you could be driving on a neighborhood street and get T-boned by a car at a four-way stop. Suppose it was ambiguous whose turn it was to go and also suppose the car that ran the stop sign was pushed forward into your car by a driver who rear-ended him because of road work that was not properly marked or cordoned off by the city. In that case, there may be four parties potentially at fault for your injuries: you, the driver that T-boned you, the car that rear-ended the car that T-boned you, and the city.
The jury would hear evidence on the case, determine an award, and allocate responsibility for the accident. Perhaps your total damages, including medical bills, lost wages, property damage, loss of enjoyment, pain and suffering and more, total $500,000. If the jury found you 15% responsible, you could recover $425,000. However, if you were found 50% responsible for misinterpreting whose turn it was to cross the 4-way intersection, you could not recover anything.
If you are hurt in any kind of accident, aggressive and experienced Dickson County accident lawyer Matt Hardin can help you seek the compensation to which you are entitled. Contact Matt Hardin by calling (615) 200-1111 or sending a message through our online form. We represent plaintiffs in connection with car wrecks, truck wrecks, motorcycle wrecks, personal injury, wrongful death, and medical malpractice throughout Dickson County, including Dickson and Charlotte.