Determining the responsible party for a car accident isn’t as easy as it seems. In fact, it’s even possible for both drivers to share fault equally.
Here in Tennessee we have something called comparative negligence, a legal concept relevant to situations in which both parties share responsibility. With comparative negligence, fault is compared and assigned to the two different drivers in an accident.
Insurance companies often use a defense of comparative negligence to try to save money on claims, shifting some of the fault onto the victim. For example, if you’re assigned 20% fault in an accident where the recovery is $10,000, you would be entitled to $8,000. However, in Tennessee, if the fault is 50% or more, neither driver can recover.
There are some things you can do to help your case.
Don’t talk to the other driver’s insurance company.
When insurance companies ask seemingly harmless questions like “Where were you coming from?” they are trying to elicit information that could potentially support a comparative negligence defense.
See the doctor right away.
If a victim doesn’t see a doctor immediately, insurance companies argue that the injuries couldn’t possibly be that severe.
Work with an experienced attorney.
As a Memphis car accident lawyer, it’s my job to make sure your assigned fault in accident doesn’t climb up towards 50%, so you can get your recovery. Working with a lawyer can also make sure that fault is determined before trial.
If you’ve been in an accident and are looking for a Memphis car accident lawyer, we are here to help. Car accidents are incredibly traumatic, and at Darrell Castle & Associates, we understand. We are on your side and will help you get the compensation you deserve.
Contact us online today or call (901) 327-1212 to speak with a Memphis car accident you can count on.