Famous singer Johnny Cash wrote a song about Hickman County called “Saturday Night in Hickman County.” The county was established in 1807 and was named after an explorer and surveyor. Its county seat is Centerville, and the communities and cities located in Hickman County include Bon Aqua, Pleasantville, Bucksnort, and Nunnelly. Historically, a major industry of the Hickman County region was iron. If you are hurt in Hickman County, you should not hesitate to contact a diligent personal injury lawyer for legal representation. Matt Hardin has devoted his career to representing ordinary people harmed by the careless actions of others, whether because of medical malpractice, a truck wreck, a car wreck, a motorcycle wreck, or other forms of personal injury and wrongful death.
Using Negligence Per Se in Centerville Injury Lawsuits
There are many traffic safety statutes designed to protect Tennessee residents and visitors. For example, you are not allowed to text and drive in Tennessee. The goal of this statute is to discourage a reckless behavior that is known to cause many accidents that result in both injuries and fatalities. Similarly, you are not allowed to get drunk and drive. Unfortunately, despite lawmakers’ concerted efforts to reduce vehicle accidents, the carelessness or recklessness of drivers continues to present problems. If another driver violates a safety statute and causes a car accident, the doctrine of “negligence per se” (negligence as a matter of law) may apply.
The idea behind this rule is that the driver’s violation of a safety statute creates the presumption that the driver was negligent. The driver can try to rebut the presumption by showing he or she was not negligent or establishing an excuse for the violation. For example, if a driver crashes into you with a BAC of .08 or above, this creates a presumption that the driver was negligent. It would be very difficult for the driver to rebut the presumption. However, if the driver is able to show that even though he was drunk driving, you caused the accident or somebody else caused the accident, he will not be held liable. A Hickman County personal injury attorney can evaluate the facts of your case to assess whether this rule applies to your situation.
To establish negligence per se, it is common to rely on the police report from the collision. If there is a serious accident with injuries, the police should be called. They will investigate and draw a conclusion about who was at fault while referencing any traffic safety violation. A police officer may issue a traffic citation. However, the violation can also be established through witness testimony. While at the scene of an accident caused by someone else, you may want to ask any witnesses if they will give you their name and phone number so that you can provide them to your attorney in the event that more evidence is needed to establish your case.
Not every legal violation supports a negligence per se finding. The law in question must be designed to protect public safety and you must have been the type of person that the statute was designed to protect. You will also need to show that the violation was the cause of the accident. Even if the defendant was negligent, causation is still required to establish liability and pursue damages
Contact a Personal Injury Lawyer to Discuss Your Hickman County Accident
There’s no question that getting into an accident is stressful. If somebody violated a safety law and hurt you or a loved one as a result, you should consult a knowledgeable Centerville personal injury attorney. Matt Hardin can explore the details of your situation with you and evaluate whether you have reason to file a negligence claim. Schedule a free consultation with him by calling 615-200-1111 or by sending a message through our online form. We serve clients throughout Hickman County, including Centerville, Bon Aqua, Pleasantville, Bucksnort, and Nunnelly.