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Being injured in a car wreck can be life-changing, and if a case goes to trial to determine fault, you may experience further strain while you are physically and emotionally recovering. Because Tennessee is a comparative fault state, it is important to disprove any liability following a Chattanooga car accident case.
Having a strong comparative fault defense is imperative, as you must be able to cast doubt on the likelihood that your fault contributed to the accident in a meaningful way. A vehicle wreck attorney could work to minimize your responsibility if any when filing your claim.
When determining fault in a car accident case, a jury may consider the injured party’s conduct to reduce a damages award and assign a percentage of fault to the plaintiff for that conduct. If the plaintiff was speeding, had alcohol in their system, or committed a different traffic violation, they could be ruled liable for the accident. If they are deemed 50 percent or more at fault for causing the accident and their own injuries, they may be barred from any financial recovery. Therefore, in Chattanooga car accidents, it is imperative to have ample evidence to show the other driver’s fault and liability. A skilled attorney could help file a claim and investigate to determine the fault of each party in an accident.
The first step an attorney may take to determine liability includes interviewing the injured person filing the claim, the investigating officers, and any other individuals who may have witnessed the crash. They could also obtain the police report to build the initial perspective of the case.
If the vehicle wreck victim’s injuries are serious enough and there is underlying insurance coverage available, an attorney may also hire an accident reconstructionist. These instances are most common in cases of commercial vehicle liability accidents.
Once the attorney conducts a preliminary investigation and the victim has received the necessary treatment they need to physically recover, they could use all documents and information related to medical costs to attempt to prove the liability was on the other driver, rather than the plaintiff.
The driver who is determined to be at fault could also face punitive damages if they displayed reckless driving behavior or if they were driving under the influence. However, getting the appropriate information on the individual who is responsible may have a tremendous impact on whether or not it makes sense to go through litigation to bring a punitive damage claim, especially if their insurance company is no longer involved.
If you are determined to be at fault for a car crash, the impact on your case can be drastic. If you are injured from the accident, you may face further strain and trauma. Having an attorney on your side who can handle your case and put forward evidence of the other driver’s fault could be crucial to your claim.
Contact the firm to work with representation familiar with showing liability in car accident cases in Chattanooga. Experienced attorneys could seek the recovery you need to better secure your future. Call today.