When Is an Auto Accident Considered Negligence?
Some people assume that if you are involved in an auto accident you are automatically entitled to some type of monetary compensation. Nothing could be further from the truth. In order to receive compensation for injuries and property damage after an auto accident, there are several factors that must be taken into consideration. Most importantly, you must be able to prove negligence on the part of another party.
In the State of Tennessee, negligence is proven when you can show that the other driver breached their duty of care. You must be able to prove that the at-fault driver had a duty to operate his/her vehicle in a reasonable manner and thru their actions, they neglected to do so. The most common examples of driver negligence in Tennessee are:
- Speeding · Texting while driving or distracted driving
- Following too closely · Driving Under the Influence of Alcohol/Drugs (DUI)
- Failure to Yield while exiting a private driveway or parking lot
- Disregarding a red light or stop sign
When proven, the above are clear-cut examples of driver negligence. To prove such negligence still be difficult, which is why we always stress the importance of obtaining an accident report after an accident and obtaining an experienced Tennessee auto accident attorney.
Negligence Gray Area
One not so clear example of negligence is when the other driver is operating a vehicle while his/her driver’s license is suspended. Just because a driver’s operators license is suspended does not make it negligence per se. With the assistance of your attorney at The Chiozza Law Firm, we will research why their driving privileges were suspended at the time of the accident. If the other driver has a history of moving violations, then that may assist us in showing that the odds are favorable that they were operating their vehicle in a negligent manner at the time of the accident.
Get Insurance Involved
Once you have been able to prove the other driver was negligent, you must then handle the claims process with their insurance company, which involves proving damages and just compensation for such damages. Whether you decide you need the assistance of an attorney is a personal preference, but we always recommend you take advantage of The Chiozza Law Firm free consultations, in-person or over-the-phone, to learn more about your legal rights and options following an accident.
Seek Legal Help From Chiozza
Our experienced Tennessee car accident attorneys will meet with you to see that you have a strong legal voice and a clear path to recovery following an auto accident or personal injury. If you have been involved in an accident you can reach an attorney at The Chiozza Law Firm by calling 1(901)526-9494, texting 1(901)545-9390, or filling out an online contact form. We guarantee that if we can’t make a recovery for you then you owe us nothing.
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