Uncovering who bears fault for a car accident can be complicated. Yet it is crucial in personal injury law because fault affects the compensation you could receive.
As seasoned personal injury lawyers based in Morristown, Tennessee, with a family tradition of legal service since 1960, The Terry Law Firm has the small-town firm service combined with big-city know-how to guide you through the maze of car accident claims.
Fault in Car Accident Scenarios
In different car accident situations, the at-fault party varies based on unique circumstances. Here are a few of the most common examples:
- Rear-End Collisions – Generally, the driver who hits another vehicle from behind bears the fault for the crash. Their inability to stop or swerve usually demonstrates that they were following too closely.
- Head-On Collisions – These typically result from reckless driving or infringement of traffic laws. The driver who veered out of their lane or ignored traffic rules tends to carry the fault.
- Left-Turn Accidents – The driver of a car making a left turn usually holds responsibility for any collision with oncoming traffic. Exceptions may apply if the oncoming vehicle exceeds the speed limit or ignores traffic signals, for example.
- Side-Impact Collisions – These accidents often occur at intersections, and most often, the driver who did not yield the right-of-way is at fault.
- Sideswipe Accidents – In sideswipe accident scenarios, the driver who drifts out of their lane is generally liable for any resulting losses.
- Parking Lot Accidents – Parking lots pose unique challenges. If someone backs into your car, they usually bear the fault, as drivers must ensure the way is clear before moving in reverse.
- Intersection Accidents – Red light and stop sign infringements often lead to these accidents. The offending party usually is the one who did not obey the traffic signal.
In general, the underlying principle is that the driver who breaks traffic laws or drives negligently is the one who is at fault for a car accident.
Determining Fault After a Car Accident
Determining fault involves analyzing accident scenarios and supporting evidence, such as:
- Witness testimony
- Evidence from the scene, such as skid marks
- Information from police reports
- Photos
- Surveillance videos
- Vehicle damage
- Expert reconstruction of the accident scene in complex cases
Tennessee follows a modified comparative negligence rule, meaning you can recover damages if you were less than 50 percent at fault. The proportion of your fault will reduce your total compensation.
The compensation at stake typically includes both economic and non-economic damages, such as medical bills, lost wages, and pain and suffering.
Talk to Our Experienced Tennessee Car Accident Lawyers Today
Tennessee car accident law is complex, and determining fault in different scenarios requires skilled interpretation of laws and thorough evidence examination. If you were in an accident that was someone else’s fault, promptly consulting an experienced personal injury lawyer is essential.
At The Terry Law Firm, our experienced Tennessee car accident lawyers are ready to help. We understand the trauma and confusion car accidents bring. We aim to fight for the maximum compensation you deserve while you focus on your recovery. We have the experience, the tenacity, and the dedication to help you through these difficult times.
Contact us today for a free consultation to learn more about how we can help you.
