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How to prove negligence in a Tennessee car accident case

On Behalf of | May 23, 2024 | Car Accidents

Negligence occurs when an individual fails to provide the level of care that a typical, responsible person would have in similar circumstances. In Tennessee car accident cases, the victim must prove the driver’s negligence to recover damages.

Establishing the driver’s duty of care to the victim is essential to proving negligence. In Tennessee, drivers have a legal duty to operate their vehicles safely and responsibly to avoid causing harm to others.

Breach of duty

After this, the victim must prove that the driver violated their duty of care. This could be through actions such as running a red light, distracted driving, speeding or driving under the influence of alcohol or drugs.

Causation and damages

In addition, the victim must prove that the driver’s breach of duty directly caused their injuries. This is known as causation. If the victim cannot establish a clear link between the driver’s actions and their injuries, they may not be able to recover damages.

Moreover, the victim must show that they suffered damages because of the driver’s negligence. This could include medical expenses, lost wages, property damage, emotional pain and mental suffering.

The role of evidence

Furthermore, evidence is crucial in proving negligence. This can include police reports, witness statements, medical records and photographs from the accident scene. In some cases, expert testimony may also be necessary to establish negligence.

Comparative fault in the state

Meanwhile, Tennessee follows a modified comparative fault rule. This means that even if the victim is partially at fault for the crash, they may still recover damages if their fault does not exceed 50%.

Pursuing fair compensation

Proving negligence in a car crash involves several complex steps. With legal guidance, you can navigate the process and gather the necessary evidence. In addition, you may protect your rights throughout the proceedings while pursuing the fair compensation you deserve.

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