Most car accidents are avoidable events. Many of them cause serious injuries, and they are usually due to a driver’s careless behavior behind the wheel. Drivers who cause accidents by acting negligently should be held liable for any injuries that result. The motor vehicle accident attorneys at Martin Heller Potempa & Sheppard PLLC can advise people in the Nashville area who have been harmed by another person’s careless actions on the road. Our firm offers compassionate, cutting-edge legal representation to car accident victims so that they can assert their rights to the compensation that they deserve.Holding a Negligent Driver Accountable for Your Injuries
Many different factors can contribute to a car accident. Some of the most common causes of collisions include:
- Driving under the influence of drugs or alcohol;
- Driving while distracted, including texting while driving;
- Failing to yield at an intersection; and
- Speeding excessively.
Although the circumstances of each accident differ, many of these factors may indicate a driver’s negligence. To receive compensation from an at-fault driver, the accident victim generally may pursue a personal injury suit under the theory of negligence. To prevail in this type of claim, a plaintiff first must establish that the defendant owed him or her a duty of reasonable care. In Tennessee, all motorists owe others on the road a duty to act as a reasonable and prudent person would under the same or similar circumstances.
After establishing that a duty exists, the victim must also show that the defendant’s actions constituted a breach of that duty, causing the plaintiff’s injuries and resulting damages. For example, a driver who speeds to run a red light probably has violated the duty of care, since a reasonable person would be expected to obey traffic laws. There also must be a direct link from the defendant’s breach to the accident, and it must have been a foreseeable result of the breach. If the victim would not have been hurt had the defendant acted with reasonable care, this causation element is generally satisfied.
The final element of a negligence claim consists of identifying the damages that arose from the crash. Types of compensation that may be available to a plaintiff who establishes all of the elements of negligence often include non-economic damages, such as pain and suffering and emotional distress, as well as economic damages in the forms of medical costs, property damage, loss of income, and lost earning capacity. In Tennessee, victims have only one year after the date of the accident in which to file a personal injury claim. Because of this strict time limit, as well as other factors that go into preparing for litigation, it is advisable to consult a knowledgeable attorney promptly after being involved in a crash.Enlist a Nashville Attorney to Assert Your Rights after a Car Accident
If you have been hurt or lost a loved one in a car accident in Nashville or the surrounding communities, the injury lawyers at Martin Heller Potempa & Sheppard PLLC can help you pursue proper legal action against those who may be responsible. Our firm also represents car accident victims in Franklin, Sylvan Park, East Nashville, and Brentwood, as well as across Davidson and Williamson Counties. Contact us online or call us at 615-800-7096 to find out how we can assist you with your claim.