Founded in 1809, Fayetteville is the county seat of Lincoln County, Tennessee, which was named for Major General Benjamin Lincoln. He was among the heroes of the Revolutionary War. The town’s population is about 7,000 people, and its downtown is organized around a county courthouse. The largest fabric store in the Southeast and a number of historic homes can be seen in the area. Notable people from or living in Fayetteville include professional baseball player Bob Higgins and U.S. Navy admiral Frank Kelso. The climate is humid and subtropical with high temperatures. If you have been injured near Fayetteville in an auto crash caused by another person’s carelessness, you may need to find legal representation to sue for the damages you sustained. Consider seeking guidance from experienced attorney Matt Hardin. As a Fayetteville car accident lawyer, he has helped assert the rights of countless Tennessee residents injured by car, truck, and motorcycle wrecks. He has also represented many plaintiffs in cases related to slip and falls, defective products, medical malpractice, wrongful death, and more.
Most collisions are the result of negligence by one or more people. In Tennessee, an injured individual who files a lawsuit for compensation must prove four elements by a preponderance of the evidence. These consist of duty, breach of duty, actual and proximate causation, and compensable damages. If there are multiple parties responsible for an accident, the victim must prove each defendant’s negligence to recover from that person or entity.
Tennessee follows the doctrine of comparative negligence. Each party will be responsible for damages only to the extent that his or her careless actions caused the crash. A defendant may argue that someone else was at fault in addition to or instead of him or her. Sometimes a defendant might allege that the victim was partly or wholly responsible for an accident. As long as the jury finds the injured person is 49% or less responsible, however, he or she can recover a percentage of damages that is proportionate to the fault of other parties held liable. A car accident attorney in Fayetteville can discuss in detail whether this rule may apply in your case.
For example, a construction company might be doing roadwork and fail to put up warning signs about a pothole in one of the lanes. If the driver of another car falls asleep behind the wheel and swerves suddenly, forcing you out of your lane into the pothole, you may have claims against both the driver and the construction company.
If you succeed in proving the elements of a negligence lawsuit, the jury will determine your total damages and allocate liability between the defendants. If the total damages are $100,000, and the construction company is 50% liable and the other driver is 50% liable, you can recover up to $50,000 from the construction company and up to $50,000 from the other driver. A Fayetteville car accident attorney can represent you in seeking the damages to which you may be entitled.
What if the other driver is uninsured and has no assets? You may need to file a claim for the $50,000 with your insurance company under its uninsured or underinsured motorist coverage provisions. All Tennessee insurance policies are required to have these provisions unless they are waived by the policyholder to save money on premiums. People who have waived this type of coverage will have no recourse in the event that someone who caused an accident is insolvent and uninsured.
An unexpected car wreck in Fayetteville or the surrounding area can have serious consequences that affect all aspects of your life. If you have been injured because of another driver’s negligence, attorney Matt Hardin can help you protect your right to damages, such as medical bills, lost wages, the cost of household services, mental anguish, and pain and suffering. Call 615-200-1111 or complete our online form to explore whether you have a claim.