Car accidents are a common occurrence on the roads that often result in injuries, property damage, and even loss of life. When such accidents occur, determining fault is crucial in seeking compensation for damages. An accident attorney in Memphis can assist you in getting compensation from the negligent driver.
Negligence is important in establishing liability, and understanding the principles of negligence law is essential for drivers and accident victims. This blog will teach you how to establish negligence and liability in Memphis car accident cases.
Determining Negligence in Car Accidents
Negligence means failing to exercise reasonable care that causes harm to others. In the context of car accidents, negligence can be due to speeding, distracted driving, failure to yield, or driving under the influence of alcohol or drugs. The elements that must typically be proven to establish negligence in a car accident case include duty of care, breach of duty, causation, and damages.
1. Duty of Care
Proving negligence requires proving that the defendant owed a duty of care to the plaintiff. In the context of car accidents, all drivers are required to follow traffic rules and drive safely.
Duty to care extends to other road users, including pedestrians, cyclists, and passengers. Failing to exercise reasonable care while driving constitutes a breach of this duty, potentially leading to liability for any resulting harm.
2. Breach of Duty
To prove negligence, you must prove that the defendant’s actions or inaction were a breach of duty. You must prove that the defendant engaged in reckless behavior, speeding, running red lights, or driving while distracted.
Evidence such as witness records, CCTV footage, and police reports can help establish that the defendant’s conduct breached the duty of care.
3. Causation and Damages
The plaintiff must also prove that the defendant’s negligence caused harm to the plaintiff. It must be proved in court that the defendant’s actions directly contributed to the accident and resulting injuries or damage.
Understanding Comparative Fault in Tennessee
Tennessee follows a modified comparative fault system. A plaintiff’s recovery can be reduced if they are found to be partially at fault for the accident. A plaintiff can also recover damages if their degree of fault does not exceed 50%.
However, the amount the plaintiff receives will be reduced by the share of fault attributed to the plaintiff. For example, if a plaintiff is 20% at fault for the accident, their total damages award will be reduced by 20%.
Seeking an Accident Attorney in Memphis?
Given the complexities of negligence law and the potential for disputes over fault and liability, seeking legal representation is advisable for anyone involved in a car accident in Memphis.
A professional accident attorney in Memphis can determine the circumstances of the accident, gather evidence, and prove the negligence of the guilty party so that the client receives fair compensation for the losses.
The Carlos Moore Law Group is an experienced law firm that offers skilled legal representation and compassionate advocacy. With a dedicated team of experienced attorneys, we are committed to serving the needs of our clients with integrity and excellence.
Contact Carlos Moore Law Group today to schedule a consultation. Let us help you pursue justice and get compensation from the guilty party.