Car accidents can be devastating, causing significant physical and emotional harm to those involved. Oftentimes, negligence or reckless behavior of one or more drivers can cause accidents.
If you have been in a car accident in Memphis, TN, determining who is at fault is crucial for seeking compensation for any damages or injuries sustained in the accident.
In this article, we will explore car accident laws in Memphis and provide insights into the process of determining car accident fault, so keep reading to learn more.
Understanding Car Accident Laws in Memphis, TN
In Memphis, TN, car accident laws dictate that negligence determines fault. Defining negligence — it is the failure to exercise reasonable care, resulting in harm or injury to another person.
In the case of a car accident, negligence may include
- driving under the influence
- distracted driving
- disobeying traffic laws.
Tennessee follows a “modified comparative fault” system, which means that an injured party cannot recover any damages if they are found to be more than 50% at fault for the accident. Thus, establishing fault in car accident cases is crucial.
Determining Fault in Car Accidents
Determining fault in a car accident can be a complex process that involves an in-depth investigation and analysis of various factors. Determining factors are;
- witness statements
- police reports
- video footage
- physical evidence from the accident scene.
In some cases, a reconstruction expert may be called upon to determine how the accident occurred and who was at fault. However, the burden of proof lies with the injured party, who must demonstrate that the other driver’s negligence caused their injuries.
Examples of Car Accident Claims
To better understand how fault is determined in car accident claims, consider a hypothetical scenario.
Suppose Driver A is texting while driving and rear-ends Driver B. This causes significant damage to both vehicles and injures Driver B. In this case, Driver A would likely be found at fault for the accident since texting while driving is a form of distracted driving that is considered negligent.
Now, suppose Driver A is driving on a poorly maintained road, and their car hits a pothole, causing them to lose control and collide with Driver B’s car.
Determining fault, in this case, may become more complicated. Can the injured party prove that the city or state responsible for maintaining the road knew about the pothole and failed to take appropriate action? This may result in them being partially at fault for the accident.
Determining Car Accident Fault Sometimes Requires Assistance
If you have been in a car accident in Memphis, TN, seeking the help of an experienced personal injury lawyer is essential. Such a lawyer can guide you through the legal process and help you seek the compensation you deserve.
At Wright Gray, we have extensive experience representing clients in car accident cases and can provide you with the legal guidance and support you need during this difficult time.
If you have any questions regarding car accident fault, car accident laws, or car accident claims in Memphis, TN, please do not hesitate to contact us. We are here to help.