Drivers involved in a car accident in Franklin or Williamson County have duties as well as rights under Tennessee law before and after an accident. If anyone suffers injuries in a car accident, they may be able to file a lawsuit to recover compensation.
A Franklin car accident lawyer can speak with individuals after a car accident and help them understand their legal rights and options. An experienced personal injury attorney could then work with individuals to recover compensation for their injuries.
Steps to Take Following a Crash
After a car crash, Tennessee law requires the parties involved stay at the accident scene because leaving the scene is a felony. The parties involved must also render assistance to those who suffered injuries, even if that is simply calling 911 for an ambulance and police assistance. If the crash caused a hazard, such as leaking fuel or oil, the other individuals should move the injured away from the vehicle.
Those involved may be agitated but it is important to not talk about the wreck other than helping the injured. Anyone involved in a car accident should be careful not admit responsibility even if they think they are at fault. Anything said can be used as evidence.
It is, however, important to talk to any witnesses to get their names and contact information. Also, individuals involved in a crash should take photographs of the crash scene from various angles before the vehicles are moved to be used as evidence and to help investigators reconstruct the crash.
Tennessee law requires a motorist file a traffic collision report, but if police take a report, that satisfies state law and also becomes evidence.
Determining Who Was at Fault in a Car Accident
Tennessee’s negligence doctrine is the law that assigns fault in car crashes. Negligence law requires motorists to drive in a manner that a reasonable and prudent person would drive in a similar situation to prevent harm or property damage. Motorists have a legal obligation to each other because they share the roads, this is called a duty of care. When someone breaches this duty, they may be responsible for any resulting damage.
Tennessee uses the modified comparative negligence doctrine which assigns fault to all parties who have some degree of responsibility in causing a crash. Under this doctrine, anyone under 50 percent at fault may collect compensation for their injuries. However, if they are 51 percent or more at fault, they may be unable to collect any compensation.
Role of At-Fault Automobile Insurance in Car Accidents
Tennessee adopted the at fault version of insurance, which requires the driver who is at fault and their insurance coverage to pay for the damages. In many car crashes, it is reasonable to file a claim with the at-fault driver’s insurance carrier.
Drivers who were not at fault may also file a claim with their own insurance company, which will file a claim against the at-fault driver’s insurance. In cases that the insurance does not fully cover the damages, a Franklin car accident lawyer could help a driver file a civil lawsuit to recover the full amount of the damages.
Speaking with a Franklin Car Accident Attorney
The damages a car accident can cause may be expensive. Often, victims are left trying to figure out how to cover the cost of medical bills and basic expenses. If a person must take time away from work to recover, the lack of income can only compound the financial stress. However, the law offers compensation for those who are not at fault.
A Franklin car accident lawyer could provide a consultation without charge or a commitment. The attorney can assess the strength of the facts involved and explain the legalities involved, such as Tennessee’s statute of limitations that require a car crash lawsuit to be filed within one year of the crash. Call today for an appointment.
The insurance company has a legal team. You should too.
