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The county seat of Tennessee’s Giles County is Pulaski, a small city covering seven square miles and home to about 8,000 people. It was named for the American Revolutionary War hero Kazimierz Pulaski. The community is also home to the semi-annual Diana Singing, which is sponsored by Churches of Christ, and former NBA prospect Tyler Smith, who plays in Europe. If you have been harmed near Pulaski in an auto wreck caused by the negligence of someone else, you may need to bring a lawsuit for damages. Consult experienced Pulaski car accident lawyer Matt Hardin, who is knowledgeable in all areas of injury law, including car, truck, and motorcycle accidents, wrongful death, medical malpractice, defective products, slip and falls, and more.
A negligence lawsuit in Tennessee hinges on four main elements: duty, breach of duty, causation, and damages. All of them must be proved by an accident victim to successfully assert his or her right to compensation.
Duty is typically a question of law. All drivers must take reasonable precautions to avoid posing foreseeable risks of harm to others on the road. When a motorist texts behind the wheel, drives drunk, or fails to yield at an intersection, for example, it is likely that he or she has breached this obligation. Causation can be established if this person crashes into another vehicle as a result of his or her careless conduct, and if the victim would not have been hurt had the driver instead acted with reasonable care. A car accident attorney serving Pulaski can help to evaluate the causation aspect of your case.
Accidents often are the result of several people acting less carefully than they should. Under the doctrine of comparative negligence, each person responsible for a collision will be held responsible for damages only to the extent of his or her percentage of responsibility. A victim is only able to recover a compensation award if he or she is 49% or less responsible for his or her own harm, and the amount will be limited to the percentage of damages that stem from somebody else’s fault. A Pulaski car accident attorney can help you pursue the damages you may be entitled to.
For example, a motorcyclist might run a stop sign and cause a car to swerve and strike another vehicle, severely injuring one or more of its occupants. In that case, a jury would evaluate the victim’s harm and apportion liability among all the parties whom it deems to be at fault. If the damages are $200,000 and the motorcyclist is 25% at fault, while the driver of the swerving car is 75% responsible, the victim may recover up to $50,000 from the motorcyclist and up to $150,000 from the driver.
On the other hand, suppose that the victim was speeding at the time of the crash. He or she might be found 20% responsible for his or her own injuries, while the motorcyclist could be assigned 30% and the swerving driver 50% of the responsibility. In this situation, the victim could collect no more than $60,000 from the motorcyclist and no more than $100,000 from the swerving driver. Meanwhile, he or she will be responsible for $40,000 of the damages.
If you have been injured in a car accident near Pulaski due to another driver’s negligence, lawyer Matt Hardin can help you assert your right to compensation. You may be able to recover for both economic damages, such as medical bills or lost wages, and noneconomic damages, like mental anguish or pain and suffering. Consult Mr. Hardin by calling 615-200-1111 or completing our online form to find out if you have a claim.