Morristown Car Accident Attorney
Injury Accidents in the Morristown Area
There are many different laws in place that are designed to protect the
drivers on the road. Laws regarding traffic patterns, speed limits and
many others, when these laws are not adhered to, the results can be catastrophic
and deadly in some cases. In 2011 there were nearly 1,000 fatalities that
occurred in a vehicular accident in the state of Tennessee. Even though
there are many safety laws in place that are designed to protect drivers
on the road, there are still many individuals who act negligently and
put themselves and others in serious danger of injuries.
There are many different causes for car accidents; however the most common
is general negligence. It is true that there are many car accidents that
are caused by adverse weather conditions and are unavoidable, however
there far more accidents caused by the negligent acts of others and can
be avoided. Negligence is defined as a lack of reasonable care, or a deliberate
violation of a duty of care. Therefore, accidents caused by negligence
could easily be avoided by a little more care on the part of the negligent
individual.
What if I am Partially to Blame for My Car Accident?
Car accidents are caused for a variety of reasons and in many different
situations. In some cases fault is very clear and it is assigned to one
party. But, in other scenarios both drivers may be partially to blame.
What happens if you are in a car accident and you are partially at fault?
With the exception of rear-end collisions where fault is almost always
assigned to the driver in the rear, there can be a lot of finger pointing
in other types of accidents.
Even when a driver openly admits to being in the wrong, his or her insurance
company may try to argue otherwise.
In car accident claims across the country, when it becomes clear that more
than one person is responsible for the accident, fault-finding and legal
liability will be governed by the laws of either contributory or comparative
negligence, depending upon which system that particular state uses.
Comparative fault systems fall into three categories: pure contributory
negligence, pure comparative fault, and modified comparative fault. Only
a handful of states and the District of Columbia use the pure contributory
negligence system, which states that an injured party cannot recover any
damages if they are even 1% at fault.
50 Percent Rule
For our purposes, we will discuss the modified comparative fault system,
which Tennessee follows. Tennessee follows the 50 percent rule, which
means a party cannot recover damages if it is 50% or more at fault. If
the party is 49% or less at fault, it can recover; however, the recovery
will be reduced by the person's degree of fault.
In other words, for a plaintiff in Tennessee to recover damages, the plaintiff
must not be 50% or more at fault for the resulting injuries.
Even if you were partially to blame for a car accident, providing you weren't
more than 50% at fault, you still may be entitled to valuable compensation
for your damages. Fifty percent of something is a whole lot better than
not receiving a penny.
Serving the Residents of Tennessee
If you have been injured in a car accident that was caused by the negligent
acts of another, such as
drunk driving, then you will greatly benefit from the legal assistance of a
personal injury representative from
The Bowlin Law Firm. Our firm will be
able to help you fight for your rights, your goals and your desires regarding the outcome of your case in Morristown, Knoxville, Knox County,
or Hamblen County. You may be entitled to collect monetary compensation
for your injuries and our firm will be able to help you pursue these damages.
Contact our firm today to discuss your case and how a Morristown car accident lawyer can help you.