Named after a Secretary of State under President Andrew Jackson, Livingston is a small community in Overton County, Tennessee. Its population has risen over 4,000 and is spread out over an area of 5.2 square miles. Located 15 miles from Cookeville, it is part of the Cookeville Micropolitan Statistical Area. The household median income for the community is about $23,000. If you have been hurt in a car crash caused by a careless driver near Livingston, you may need to bring a claim to seek compensation for your harm. Livingston car accident lawyer Matt Hardin knows how to hold defendants accountable in all types of personal injury lawsuits, including those arising from car, truck, and motorcycle wrecks, wrongful death, medical malpractice, defective products, premises liability, and more.
Comparative Negligence Can Affect Compensation Awards
It can be difficult to sue someone for a car accident in a small town. You may personally know the driver who caused your injuries, or you may know that he or she is in difficult circumstances. However, everyone who operates a vehicle in Tennessee is required to carry liability insurance. Any compensation for a successful car accident claim will likely come through the other driver’s insurer. In Tennessee, motorists must carry liability insurance in a minimum of $25,000 per bodily injury and $50,000 for all bodily injuries.
This state applies the doctrine of comparative negligence when assessing a compensation award, and a Livingston lawyer with experience in car accident cases can determine the extent to which this will be an issue for you. Essentially this rule means that a defendant may argue that he or she was only partially at fault for an accident and bring other responsible parties into a lawsuit. The defendant may also claim that the victim contributed to his or her own injuries. An individual bringing a negligence lawsuit can only recover if he or she is 49% or less responsible for the accident. If a jury attributes any amount of fault to the victim, his or her compensation award will be reduced according to that percentage.
In Tennessee, each party is only responsible for damages up to his or her proportion of responsibility. A jury may award a total of $500,000 to a victim but allocate only 60% of the responsibility to the defendant. In that case, the plaintiff can recover only $300,000 from the defendant and must pursue whoever else was at fault to secure the rest. A Livingston car accident attorney can help you address each step of the process if you find yourself in this situation.
What if a defendant is not insured and has no assets? Automobile insurance companies are required to provide uninsured motorist coverage to the same degree that they provide liability coverage. Some drivers opt out of this program, and they will have no recourse if a defendant is uninsured and insolvent. However, for people who have not declined this coverage, it is possible to file a claim against their insurance companies to recover at least a portion of their damages.
Contact a Livingston Attorney to Pursue a Car Accident Claim
If you are injured near Livingston in an auto accident, you should retain a skilled injury lawyer to build a persuasive case to present to the other party’s insurer as well as mediators, a judge, and a jury. In some cases, it is possible to build a case against multiple defendants, thereby maximizing your chance of a full recovery of your damages. Contact Matt Hardin by calling 615-200-1111 or sending a message through our online form.