Motor Vehicle Accidents
The personal injury attorneys at Martin Heller Potempa & Sheppard know that an automobile accident near Nashville or another Tennessee city can result in potentially life-changing harm. Victims often face the challenge of holding accountable the person who was responsible for hurting them. Reviewing your case with skilled attorneys soon after it happened can help you understand what rights and options you have in a timely manner. Our firm represents accident victims throughout Williamson and Davidson Counties, including in Brentwood, Antioch, and Madison.Holding a Negligent Driver Accountable for Compensation
Most cases arising from motor vehicle accidents are brought under the legal theory known as “negligence.” As a general matter, this means that an individual has failed to act with the degree of care that a reasonable person in similar circumstances would have used. There are four elements in a negligence claim, all four of which must be proven by the victim.
The first element consists of establishing that the defendant had the duty to exercise reasonable care while operating his or her vehicle. The next step is demonstrating that he or she breached that duty. Some examples of behavior that can be considered a breach are running a red light, following too closely, failing to check blind spots, or driving while texting. The final two elements in a negligence case consist of showing that the victim has suffered injuries because of the defendant’s carelessness, and that the damages are reasonably quantifiable.
Another legal concept that frequently arises in motor vehicle cases is comparative fault. There is usually more than one vehicle involved in an accident. It is not uncommon for each driver to blame the other for causing the accident. In these types of cases, a jury may find that both parties are at fault and assign respective percentages of liability for the accident. In Tennessee, a plaintiff may recover damages against a defendant as long as his or her percentage of negligence is less than 50 percent. However, the damages will be reduced in proportion to the injured party’s percentage of fault.
Types of compensation that may be available after a car accident often include pain and suffering, hospital bills, lost wages, the costs of future treatment, and damage to a vehicle. To assert your right to damages, however, you will need to be aware that there is a limited period of time in which you can file a negligence claim. In the state of Tennessee, you only have one year from the date of the accident to bring your claims in court. There may be instances where this time period can be extended, depending on whether your injuries manifested at a later date. However, this area of the law can be complicated, and can be part of a strategy that a defendant can use to argue that your claim is barred. Therefore, it is important to act as soon as possible in order to preserve your claims.Explore Your Options After a Motor Vehicle Accident with a Franklin Attorney
The motor vehicle accident lawyers at Martin Heller Potempa & Sheppard utilize years of experience and the latest technology to help victims near Franklin and beyond seek the compensation that they deserve. Our legal professionals understand how seriously an unexpected collision on a highway can disrupt your life. We will handle your case with compassion and attention, seeking to negotiate a favorable settlement while remaining ready for trial if needed. To speak with one of our attorneys about your case, contact us online or call (615) 800-7096.