Being involved in a car accident that was caused by the negligence of another can be life-changing. While grappling with injuries, some wonder who is to blame.
Determining fault is an important step in any personal injury lawsuit, and in most cases, it isn't as easy as one might think. It's important for victims to remember that Tennessee is an at-fault state, which means that those whose negligence caused the accident will be liable for the resulting damages.
As a result, determining liability becomes critical for passengers injured in a car accident. With the help of a trusted Tennessee car accident attorney, claimants can ensure that they are holding the right party liable for their medical bills, lost wages, and more.
What Is a Passenger-Side Car Accident?
The right side of the vehicle, often where the front-seat passenger sits, becomes the site of contact in a passenger-side car crash.
These accidents often occur for reasons such as failing to yield the right-of-way, irresponsible driving, or abrupt lane changes. The results can be severe, injuring and sometimes even killing the front-seat passenger.
In the aftermath of such accidents, victims or the family members of the deceased can pursue damages by filing a lawsuit.
Who Is at Fault in a Passenger Side Car Accident, TN?
The truth is that there is no one answer to this question. Each case has its own unique facts, which is why it's important to hire a reliable attorney who is well-versed in personal injury law. He or she can help victims determine why the accident happened and who caused it.
In most cases, however, it is the other driver who is to blame for the auto accident. However, other parties could also share the blame. The driver of the car in which the passenger was injured could also be held liable for damages.
Suppose a man is traveling over the speed limit and crashes into another car whose driver failed to yield the right of way. In that case, both drivers can be held liable for the injuries suffered by a passenger.
A legal representative will look at important evidence, such as the police report, video or surveillance footage, and pictures from the accident scene, to find out what occurred.
Understanding Fault in Light of Tennessee Law
As mentioned previously, Tennessee is an at-fault, rather a no-fault state. This means that the at-fault party in a collision is both legally and financially liable for subsequent injuries and other losses, according to the laws of the state.
Because all motorists in Tennessee are obligated by law to have liability car insurance, at-fault drivers are only responsible for covering any damages that exceed the coverage limitations of their auto insurance plan.
Moreover, under the state's comparative negligence laws, a driver must be no more than 50 percent at fault to obtain any kind of compensation.
It's also important for motorists to remember that if they are attributed below 50 percent but above 0 percent of the blame for the accident, their compensation will be reduced according to the degree to which they were at fault.
Establishing Liability in a Tennessee Auto Accident
The truth is that establishing fault in car accidents is no easy task. Although some cases are straightforward, there are often multiple drivers, certain road conditions, or additional factors that could make the process a little more challenging.
By working with a reliable attorney, passengers can conduct a thorough investigation and consult expert witnesses to prove fault.
Personal injury Nashville car accident lawyers understand the challenges that many claimants often face when determining who is to blame, and a good attorney will leave no stone unturned in their quest to uncover the truth.
Examining Traffic Laws
A thorough analysis of traffic regulations and right-of-way rules is one of the key elements when assigning blame in passenger-side motor vehicle accidents. Legal experts in Tennessee investigate whether both parties followed the rules regarding intersections, signals, and more.
Ignoring traffic signals, failing to yield the right of way, or making inappropriate lane changes can have a substantial impact on who takes the blame.
Considering Other Factors
There are a number of other factors that might determine who is to blame for the accident. At first glance, it might seem like the person who rammed into the passenger side of a vehicle is the at-fault driver.
However, in some cases, road conditions, the weather, and poor signage could influence how a motorist travels.
An experienced personal injury lawyer will look at all elements holistically to determine who can be held liable for a passenger's injuries. They can also help with determining who is at fault in a driver side car accident TN.
Advocates rely on a multitude of evidence to establish fault in a passenger-side vehicle collision, including witness testimony and tangible proof obtained from the scene. Eyewitness testimonies are critical in recreating the events that led up to the crash. Their viewpoints can shed light on key aspects such as vehicle speeds, the sequences of events, and more.
Furthermore, technological improvements have provided investigators with resources such as traffic camera footage. These tools provide objective views into the circumstances surrounding the impact and can be crucial in determining who is to blame. In circumstances where responsibility is disputed, a comprehensive examination of such evidence is critical to obtaining a fair and just outcome.
Schuerger Shunnarah Trial Attorneys Is Here to Help!
Working with an experienced car accident attorney is important to ensure that the correct party (or parties) is held responsible for the resultant damages. Because all motorists in Tennessee are required to have liability coverage, and many go for uninsured motorist coverage, the first order of business when pursuing compensation would be to approach the relevant insurance company. They can assist with other questions like Do most dog bite cases settle?
However, it's important to remember that insurance companies work in their own best interest, and proving fault without bias may not interest them. Fortunately, passengers who were injured in an accident can recover compensation from the drivers involved by filing a personal injury lawsuit.
Scheurger Shunnarah Trial Attorneys have a long history of helping injured victims recover what they are rightly due.