Car Wreck Injury | Talley Law Firm

Understanding Car Wrecks
Car accidents can cause physical injuries, emotional distress, and financial losses. Filing a car accident claim is crucial to receive compensation for damages and injuries. To file a claim, evidence of the accident, such as police reports and witness statements, must be provided. The claim is filed with the insurance company of the at-fault driver. The insurance company will investigate and determine the amount of compensation the victim is entitled to based on the damages and their injuries. However, Tennessee follows a modified comparative negligence rule, which means that if the victim is found to be partially at fault for the accident, their compensation may be reduced. Therefore, having an experienced personal injury attorney on your side can help ensure fair compensation. Seeking medical attention, exchanging contact and insurance information, and consulting an attorney are essential after a car accident. Additionally, it's important to be careful when speaking to insurance adjusters or representatives from the other party's insurance company. Stick to the facts and let your attorney handle communication with the insurance companies to protect your rights and ensure a fair settlement. Car accidents can be a traumatic experience, but understanding the car accident insurance claims process can make it easier to receive the compensation you deserve.

In order to bring a car accident claim in the state of Tennessee, you must prove the following elements:

Another motorist (or some other party) was negligent, reckless, or violated the law
As a result, you were involved in an accident that left your injured
You sustained measurable damages (economic or non-economic in nature)

Because motorists have an implied duty of care to others on the road, you do not need to establish that the other driver owed you this duty of care. However, you do need to prove that he or she breached the duty of care in some way. Typically, this involves showing that he or she was negligent, reckless, or engaged in unlawful behavior.

A motorist was negligent or acting wrongfully if he or she:

Drove while intoxicated/under the influence of drugs or alcohol
Drove while distracted, including while texting
Failed to yield the right-of-way
Violated traffic laws or rules of the road
Failed to stop at a red light, stop sign, or abide by another traffic control device
Engaged in reckless or aggressive driving, including road rage
Fell asleep at the wheel or drove while fatigued
Passed another vehicle where it was unlawful or dangerous to do so
Drove more than their allotted hours (for truckers specifically)

These are just some examples of negligent driving behavior. If you were involved in an accident and you believe the other motorist was negligent in any way, you could have grounds for a claim. In fact, even if you were partially at fault for the accident, you may still be able to seek damages.

Understanding Tennessee’s Modified Comparative Negligence Rule
‍Every state handles car accident claims a little differently. In Tennessee, you are permitted to file a car accident claim as long as you are less than 50% at fault for the crash. Under the state’s modified comparative negligence rule, you are still allowed to recover damages if you were partially at fault (as long as you were less at fault than the other person/party), but your total recovery will be reduced by your at-fault percentage.

For example, if you were involved in a collision with another motorist who failed to stop at a red light because he was texting while driving, but you were driving five miles over the speed limit at the time of the crash, a jury might find you 20% at fault for the accident. If your total damages—including the cost of your medical bills, lost wages, and pain and suffering—amounts to $10,000, you will only be able to recover up to 80% of that amount, or $8,000

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At Talley Law, we are committed to providing our clients and potential clients with the highest level of service and support. If you have any questions or concerns, please don't hesitate to contact us. We are here to help.

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