Automobile accidents must be reported to law enforcement in Tennessee, if more than $50 worth of damage occurs. This damage includes personal injuries as well as property devaluation. All victims who wish to file a claim for their medical expenses and more are required to submit documentation in court prior to the first anniversary of the accident.
Reviewing Auto Accident Laws
The first law to consider when filing a claim is the comparative fault ruling. The state of Tennessee has modified their laws associated with these probabilities. During these proceedings, the defendant’s attorney could present evidence that indicates that your actions contributed to the resulting accident.
When you consult an Accident Attorney in Murfreesboro TN, you should examine probabilities that could lead to this assumption. The primary focus of shared fault is to prove that you violated traffic laws prior to or during the accident. This could include reckless driving or speeding. The defendant’s attorney, however, must present concrete evidence to support this claim.
When Shared Fault is Proven
According to Tennessee’s accident laws, any percentage of fault, which is proven on the plaintiff’s behalf causes a reduction in the total compensation award. This valuation could range up to fifty percent. However, if the defendant’s attorney proves the victim carries more than fifty percent of the fault, the judge can eliminate their right to compensation completely.
Contributing factors that could aid them in proving fault is the presence of alcohol. While the victim wouldn’t be charged with a DUI with a BAC of less than 0.08 percent, this factor could play against them in court. If the officer managing the accident determined that she, or he was drinking, blame assignment could be shared among these parties. While they weren’t guilty of DUI, this impairment could have contributed to the accident.
Victims of auto accidents should assess all events that led up to the accident. This could distinguish if the defendant could present a counter-suit against them. If you were injured and could be deemed at fault, you should discuss your case with an Accident Attorney in Murfreesboro TN at Law Office of Gritton & Gritton PLLC immediately.