Knoxville, Tennessee is one of the largest cities in the Appalachian region and home to the University of Tennessee. The Tennessee River runs through the downtown area, branching into a number of tributaries. The city is a gateway to the Great Smoky Mountains National Park, and the Cumberland Plateau is located to the west. It is the central city in its metropolitan area, which also includes the major municipality of Farragut. Knoxville is home to a number of festivals and known for a rich arts scene that includes bluegrass, country, and old-time musicians. It was included in Blender’s list of 20 Most Rock & Roll towns in the U.S. and has been featured in a number of novels. If you have been harmed by a careless or reckless driver, a knowledgeable car crash attorney can help you seek the compensation you need. Knoxville car accident lawyer Matt Hardin has helped many Tennessee residents file claims based on car wrecks, truck wrecks, wrongful death, medical malpractice, slip and falls, nursing home negligence, and other types of harm.
File a Negligence Lawsuit to Pursue Damages
People injured in a car accident in Tennessee can consider filing a negligence claim. This means that they can potentially recover compensation from whoever was at fault for the crash if they can prove four main elements: duty, breach of duty, causation and damages.
Tennessee follows a comparative fault rule, which a lawyer experienced in Knoxville car accident cases will be familiar with. In any auto accident case, a defendant can allege that another person, including the plaintiff, was also negligent and should be held partly responsible. At trial, the jury will divide responsibility among all of the parties who are alleged to have been negligent and contributed to the victim’s damages. If the jury determines that the injured plaintiff was 50% or more at fault, Tennessee’s comparative fault system prohibits the victim from recovering any money from any defendant. A plaintiff can only recover if the jury determines he or she was 49% or less responsible.
Suppose, for example, that two cars are stopped at an intersection in downtown Knoxville. A third car approaches from behind one of the stopped cars and rear-ends it while the first car is crossing the intersection. As a result, the second car collides with the first car in a T-bone crash. The driver of the first car may be severely injured and sue the drivers of the second car and the third car. The driver of the second car may allege comparative negligence as a defense, asserting that the third car’s driver is partially or completely at fault. A Knoxville car accident attorney can help you develop a case strategy if this kind of scenario led to your injuries.
On the other hand, if the first driver did not stop at a stop sign and did not have the right of way to cross the intersection, the driver of the second car may allege that the motorists in both the first car and the third car were negligent. A jury will determine the first driver’s damages and allocate responsibility for the accident. If the first driver is found to be 50% at fault for failing to stop at the stop sign, he or she will be completely barred from recovering. On the other hand, if the first driver was only 25% at fault for the collision, and the third driver was 75% at fault, the first driver may still recover 75% of the damages from the third driver.
Retain an Experienced Knoxville Attorney After a Car Accident
People who are harmed by the careless or reckless conduct of others on the road have the right to take legal action. If you have been injured by another motorist near Farragut or elsewhere in the Knoxville region, you should consult an experienced car wreck lawyer to explore the options that you may have. Contact Matt Hardin by calling 615-200-1111 or sending a message through our online form.